Case law
Opinions from 1658 to today.
4,740 results
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United States Court of Federal Claims · Sep 17, 2015
Doctor Cave was even less qualified to opine on oxidative stress caused by vaccines than Dr. … A.H.M.’s autistic symptoms alone do not qualify as any of the clinical signs of the decreased level of consciousness required by the QAI, which clearly requires symptoms which are more intense and consistent than those A.H.M.displayed
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jul 6, 2021
If Congress has clearly spoken—i.e., the court determines that the statute is unambiguous—the Court must give effect to Congress’s plain words expressing its intent. Id. … From 1970 to 2011, the DOL reversed course twice on whether “service advisors” qualified as “salesmen,” and attempted to amend its definition accordingly. Id. at 2121–24.
Cited 0 timesPublishedWashington Metropolitan Area Transit Authority v. United States
57 Fed. Cl. 148 · United States Court of Federal Claims · Jul 1, 2003
In short, by expressly tying the words “reasonable attorney fees” to the qualifying phrase “actually incurred,” the URA envisions a fee-shifting mechanism different from those analyzed in Raney and the Supreme Court cases … And while hesitating to read Raney as providing a "definitive” construction of the URA — a hesitancy clearly warranted as that case did not involve that statute — the Preseault court, nonetheless, observed that "[a]ny insight
Cited 8 timesPublished53 Fed. Cl. 208 · United States Court of Federal Claims · Aug 7, 2002
At the time, the NRC clearly believed that indemnity of legal costs was still a feature of the E-39 agreement. … At oral argument, however, the government abandoned its "accident” approach and stated that in order to establish a "public liability,” plaintiffs must establish that the indemnity provisions only cover "unexpected” radiation
Cited 6 timesPublishedSomosot v. Secretary of Health and Human Services
United States Court of Federal Claims · May 15, 2014
In contrast, “a manifestation of onset is more self-evident of an injury and may include significant symptoms that clearly evidence an injury.” Id. … It is clearly established law that the statute of limitations begins to run at the first symptom or manifestation of onset. Cloer, 654 F.3d at 1335.
Cited 0 timesUnpublishedMorris v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 7, 2017
Horan was well qualified to testify on such topics specific to his experience, he lacked a sufficient immunologic grounding to establish a reliable medical theory connecting the Hep B vaccine and internal itching or vitiligo … Horan opined) that the kind of testing that might establish the existence of an ongoing immune response would not necessarily be performed by a medical treater considering Petitioner’s complaints.
Cited 0 timesUnpublishedChappell-Strickland v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 17, 2021
Specifically, petitioner’s counsel had identified “deficiencies in the immunization record” and had requested a “comprehensive immunization record”. Id.; see also Pet. … Gill confirmed that she established care of petitioner on May 23, 2016. She reviewed petitioner’s medical records from that date forward.
Cited 0 timesUnpublishedGeneral Electric Co. v. United States
84 Fed. Cl. 566 · United States Court of Federal Claims · Oct 24, 2008
The GEPP is a qualified defined-benefit pen *568 sion plan subject to the minimum funding requirements of ERISA. In 1993, GE sold its GEA business to Martin Marietta. … Clearly, because the CAS 412 rate is tied to ERISA funding decisions, it serves a different purpose from the FAS 87 LTR.
Cited 1 timesPublishedChrisman v. Secretary of Health and Human Services
United States Court of Federal Claims · May 14, 2024
In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v. … And there is no evidence of any suspicious vaccine reaction that could suggest an aberrant immune response had begun.
Cited 0 timesUnpublishedAmerican Heritage Bancorp v. United States
61 Fed. Cl. 376 · United States Court of Federal Claims · Jul 23, 2004
Gladstone still possessed the state of mind required to qualify for forfeiture under § 2514. For the foregoing reasons, the court finds that Mr. … Gladstone Intended to Deceive the Government The government has also clearly and convincingly established that Mr.
Cited 13 timesPublishedS. v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 17, 2020
Bourdette observed, “there are case reports of patients who . . . either had established POEMS, or within a few weeks or months of a neuropathy clearly had POEMS that presented with subacute [GBS]- like neuropathy.” … Parekh posited that “chronic immune stimulation leads to plasma cell dyscrasia,” and POEMS is a form of plasma cell dyscrasia. Id. at 240:5–7. Dr.
Cited 0 timesUnpublished35 Fed. Cl. 685 · United States Court of Federal Claims · May 31, 1996
It clearly was part of a group of provisions that, together, ensured the financial viability of Alaska. … Clearly not everyone in Congress was persuaded of the reliability of his representations.
Cited 23 timesPublishedAsi Constructors, Inc. v. United States
129 Fed. Cl. 707 · United States Court of Federal Claims · Dec 20, 2016
The government’s argument, however, clearly lacks merit because the claims it seeks to have dismissed were presented in some detail in ASI’s April 30, 2015 letter and its June 29, 2015 supplement (which were presumably available … It contends that the statements “merely provided qualified speculation based on the limited data available.” Id. at 7.
Cited 4 timesPublishedKuhn v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 29, 2015
If petitioner establishes that the vaccinee has suffered a “Table Injury,” causation is presumed. … Even if this change applied to petitioner’s claim, L.K.’s injury would not qualify as a Table Injury because onset occurred more than 40 days after vaccination.
Cited 0 timesUnpublished88 Fed. Cl. 334 · United States Court of Federal Claims · Aug 25, 2009
The majority of MTC’s customers were businesses that did not place enough long distance calls to qualify for this bulk discount directly from the carriers. … The evidence established that Mr. Brinskele’s behavior in this case was, at all times, clearly willful. As discussed at length above, Mr.
Cited 6 timesPublishedUnited States Court of Federal Claims · Oct 13, 2017
Congress did not allow AIARMA to explicitly waive sovereign immunity, or authorize the tribal justice systems to review actions of the Secretary. 25 U.S.C. § 3712(d). … The Plaintiffs’ amended complaint clearly alleges that the BIA committed an “unlawful termination and breach of lease agreements” contrary to 25 C.F.R. §§ 162.247-162.256. Am. Compl. ¶ 32.
Cited 0 timesPublished47 Fed. Cl. 438 · United States Court of Federal Claims · Aug 22, 2000
These, in addition to those to which he pled guilty, establish, with clear and convincing evidence, that Mr. … In addition, the Court of Claims has addressed the applicability of the forfeiture statute and found that a receiver is not immune from the government’s special plea in fraud. See, Jerman v.
Cited 17 timesPublishedAmerican Medical Equipment, Inc. v. United States
United States Court of Federal Claims · Jun 30, 2022
Contrary to the clearly stated (and repeated) strict 45-day delivery schedule, AME delivered zero gloves to the VA on or before June 7, 2021. … 11 Regardless, as with AME’s decision to manufacture post- award, AME alone bears the calculated risks—and the negative consequences of 10The parties dispute whether or not BNX, the shipping company AME commissioned, qualifies
Cited 0 timesPublished40 Fed. Cl. 313 · United States Court of Federal Claims · Feb 9, 1998
A LCTS unit would so qualify. … But the alleged LCTS units were stations that were on the ground and therefore would qualify as ground stations.
Cited 6 timesPublishedWavelink, Inc v. United States
United States Court of Federal Claims · Jul 1, 2021
The RFP clearly indicated that “[a]ny discrepancies will be treated as clarifications.” Id. … “Rather, all a protester must establish to demonstrate prejudice is that it has a substantial chance of receiving the contract—that it is a qualified bidder and could compete for the contract.” Id.
Cited 0 timesPublished
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