Case law

Opinions from 1658 to today.

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  • Abbott Laboratories v. United States

    84 Fed. Cl. 96 · United States Court of Federal Claims · Sep 24, 2008

    Board of Comm’rs, 435 U.S. 110, 134 , 98 S.Ct. 965 , 55 L.Ed.2d 148 (1978) (“[wjhen a Congress that re-enacts a statute voices its approval of an administrative or other interpretation thereof, Congress is treated as having … Whitman v. Am. Trucking Ass'ns, 531 U.S. 457, 466 , 121 S.Ct. 903 , 149 L.Ed.2d 1 (2001); see also FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 132-33 , 120 S.Ct. 1291 , 146 L.Ed.2d 121 (2000). .

    Cited 8 timesPublished
  • Union Pacific Railroad v. United States

    52 Fed. Cl. 730 · United States Court of Federal Claims · Jun 28, 2002

    Co. v. … United States, 20 F.3d 1567, 1583 (Fed.Cir.1994) (by operation of this provision, “courts and boards, in rendering judgment, are not required to investigate whether program funds are available”); Lopez v.

    Cited 8 timesPublished
  • Technology Innovation Alliance LLC v. United States

    United States Court of Federal Claims · Jun 25, 2020

    These were the Innovation Evaluation Board (“IEB”), the Past Performance Evaluation Board (“PPEB”), the Problem Statement Evaluation Board (“PSEB”), the Small Business Evaluation Board (“SBEB”), and the Price Evaluation Board … v.

    Cited 0 timesPublished
  • Diversified Maintenance Systems, Inc. v. United States

    110 Fed. Cl. 612 · United States Court of Federal Claims · Apr 26, 2013

    Cir. 2012) ("Ifa Rule 12(b)(1) 3’ Unlike the proceeding involved when an "appeal" of a CO decision is taken to an agency board under 41 U.S.C. § 7105, bringing an action directly on the claim in the United States Court of … Ruz`z Assocs., Inc. v. United States, 94 Fed.

    Cited 5 timesPublished
  • Capreal, Inc. v. United States

    99 Fed. Cl. 133 · United States Court of Federal Claims · May 6, 2011

    See Preseault v. … In Agostini v.

    Cited 19 timesPublished
  • Sekri, Inc. v. United States

    United States Court of Federal Claims · Jan 31, 2023

    SEKRI, Inc. v. United States, 152 Fed. Cl. 742 (2021) (“SEKRI I”); SEKRI, Inc. v. United States, 34 F.4th 1063 (Fed. Cir. 2022) (“SEKRI II”); SEKRI, Inc. v. United States, __ Fed. … The plaintiff argues that FPI’s board of directors has not decided to produce the ATAP, and that in the absence of such a board decision, the production of the 3 ATAP by

    Cited 0 timesUnpublished
  • Gowans v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 8, 2017

    Moran v. … See Brown v. Sec’y of Health & Human Servs., No. 09-426V, 2012 WL 952268, at *11 (Fed. Cl. Spec. Mstr. Feb. 29, 2012) (awarding Dr. Lawrence Steinman, a neurologist based in Stanford, California, $450-$500 per hour).

    Cited 0 timesPublished
  • Mooney v. United States

    United States Court of Federal Claims · Oct 2, 2019

    See id. at 4 (citing Brown v. United States, 105 F.3d 621, 624 (Fed. Cir. 1997)). … Cl. 614, 616-17 (2015) (declining to exercise jurisdiction over a fraud claim because it sounded in tort); Brown, 105 F.3d at 623-24).

    Cited 0 timesUnpublished
  • Goodings v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 19, 2016

    See, e.g., Brown v. Sec’y of Health & Human Servs., No. 99-539V, 2005 WL 1026713, at *2 (Fed. Cl. Spec. Mstr. Mar. 11, 2005) (“The Court generally accepts skeletal petitions (those filed sans records) . . . . … .”); Heath v.

    Cited 0 timesPublished
  • Gibson v. United States

    United States Court of Federal Claims · Apr 9, 2014

    See Brown v. United Srates, 105 F .3d 621, 623-24 (Fed. Cir. I 997) (holding that the Fourth Amendment is not money-mandating); LeBlanc v. United States, 50 F.3d 1025, 1028 (Fed. … See, e.g., Brown, 105 F.3d at 624 (statingthat such demands "for declaratory or injunctive relief[] are also outside the jurisdiction of the Court of Federal Claims").

    Cited 0 timesUnpublished
  • Terex Corp. v. United States

    104 Fed. Cl. 525 · United States Court of Federal Claims · Apr 4, 2012

    As the Supreme Court recognized in Kleppe v. … See also Marsh v. Oregon Natural Res.

    Cited 3 timesPublished
  • Voisin v. United States

    80 Fed. Cl. 164 · United States Court of Federal Claims · Jan 4, 2008

    Brown Park Estates-Fairfield Dev. Co. v. United States, 127 F.3d 1449 , 1456 (Fed.Cir.1997). … United States v. King, 395 U.S. 1, 5 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969); see also Brown v.

    Cited 14 timesPublished
  • Pentcholov v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 8, 2016

    Mares v. … Brown v. Sec’y of Health & Human Servs., No. 09-426V, 2012 WL 952268 (Fed. Cl. Spec. Mstr. Feb. 29, 2012). Furthermore, as discussed above, expending 29.75 hours for two expert reports is reasonable.

    Cited 0 timesPublished
  • Davis ex rel. Dudley v. Secretary of Department of Health & Human Services

    54 Fed. Cl. 230 · United States Court of Federal Claims · Oct 9, 2002

    Citizens to Preserve Overton Park, Inc. v. … .” § 300aa-13(a)(2)(A); See Knudsen v. Sec’y of Health and Human Servs., 35 F.3d 543 (Fed.Cir.1994); Koston v. Sec’y of Health and Human Servs., 974 F.2d 157 (Fed.Cir.1992). As the Court noted in Hossack v.

    Cited 4 timesPublished
  • Greenhaw v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 4, 2024

    Moran * v. … Fox v. Vice, 563 U.S. 826, 838, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011). Instead, in appropriate circumstances they may make reasonable, across-the-board percentage adjustments. E.g., Raymo, 129 Fed. Cl. at 703-04.

    Cited 0 timesPublished
  • Moffitt v. United States

    United States Court of Federal Claims · Mar 17, 2020

    Co. v. Kalo Brick & Tile Co., 450 U.S. 311 (1981); Caldwell v. United States, 391 F.3d 1226, 1228 (Fed. Cir. 2004). … A railroad under the jurisdiction of the STB cannot discontinue service without the consent of the Board. Caldwell, 391 F.3d at 1228.

    Cited 0 timesPublished
  • Ginn v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 21, 2021

    Huq is a clinical geneticist and a board certified pediatric neurologist at Children’s Hospital of Michigan. Pet. Ex. 13 at 1. … Whitecotton v. Sec’y of Health & Hum. Servs., 17 F.3d 374 (Fed. Cir. 1994), rev’d on other grounds sub nom., Shalala v. Whitecotton, 514 U.S. 268 (1995); see also Walther v. Sec’y of Health & Hum.

    Cited 0 timesPublished
  • C.H. Guernsey & Co. v. United States

    65 Fed. Cl. 582 · United States Court of Federal Claims · Apr 29, 2005

    Co. v. … See Massie v.

    Cited 4 timesPublished
  • Browning v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 1, 2021

    In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: July 29, 2021) * * * * * * * * * * * * * * CARL BROWNING, … Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)).

    Cited 0 timesUnpublished
  • Omran Holding Group v. United States

    128 Fed. Cl. 273 · United States Court of Federal Claims · Sep 14, 2016

    The Source Selection Evaluation Board (SSEB) reviewed the remaining 27 responsive proposals, of which it found 23 to be technically acceptable.7 Id. ¶¶ 14, 16. Mr. … In CACI, the protestor’s allegations centered on relationships between the awardee’s vice president and four members of the agency’s Technical Evaluation Board (TEB). See CACI, 719 F.2d at 1570-71.

    Cited 5 timesPublished

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