Case law

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  • Labat-Anderson, Inc. v. United States

    42 Fed. Cl. 806 · United States Court of Federal Claims · Jan 29, 1999

    Mofolo, was qualified to develop and manage financial systems/accounts. … Tarr is extremely well qualified to carry out this position.... Mr. Tarr ... joined us during our best and final interviews.

    Cited 62 timesPublished
  • Adams v. United States

    93 Fed. Cl. 563 · United States Court of Federal Claims · Jun 18, 2010

    Plaintiffs argue that RCFC 23(a)’s four requirements are clearly met. Pis. Mot. at 2. … First, class counsel must be “qualified, experienced and generally able to conduct the litigation.” In re Drexel Burnham Lambert Group, Inc., 960 F.2d 285 , 291 (2d Cir.1992).

    Cited 9 timesPublished
  • Oneida, Ltd. v. United States

    43 Fed. Cl. 611 · United States Court of Federal Claims · May 6, 1999

    motion to compel the production of these documents, giving rise to the following questions: (i) did Oneida’s counsel waive its objections to providing all or some of the withheld documents; (ii) are some of these documents immune … The Hickman rule came to be known as the “work product doctrine” and is codified in RCFC 26(b)(2). 11 This rule “establishes a qualified privilege for materials prepared by counsel in anticipation of litigation and offers

    Cited 3 timesPublished
  • Agma Security Service, Inc. v. United States

    United States Court of Federal Claims · Mar 16, 2021

    Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests). … And so, while a plaintiff need not show that it would have received the award in a competition, a plaintiff must show that it would have been a qualified bidder to establish standing.” PTC, Inc. v.

    Cited 0 timesPublished
  • Moody v. United States

    United 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 timesPublished
  • Young v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 18, 2014

    Avera clearly held that interim awards are permissible. Avera, 515 F.3d at 1352. … Petitioners have not established a reasonable basis to proceed.

    Cited 0 timesUnpublished
  • Richey v. United States

    50 Fed. Cl. 3 · United States Court of Federal Claims · Jul 18, 2001

    By said opinion, the court clearly requested specific and numbered findings of fact necessary for it to render a supportable decision. Id. … Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Prod. Safety Comm’n v.

    Cited 4 timesPublished
  • Forest Properties, Inc. v. United States

    39 Fed. Cl. 56 · United States Court of Federal Claims · Aug 6, 1997

    This nation clearly has a legitimate public welfare duty to preserve the nation’s wetlands, and it is a worthy national goal. … Thus, FPI knew, at the time of purchase, that it would have to qualify for a section 404 permit in order to develop the lakebottom property in accordance with its plans.

    Cited 21 timesPublished
  • Electronic On-Ramp, Inc. v. United States

    120 Fed. Cl. 515 · United States Court of Federal Claims · Mar 30, 2015

    Shortly thereafter, two unsuccessful offerors lodged protests with the Small Business Administration (SBA), asserting that Premier did not properly qualify as a business entitled to participate in the 8(a) program. … Consequently, EOR has failed to establish the merit of its claims by showing any error, prejudicial or otherwise, in the procurement process.

    Cited 1 timesPublished
  • Agma Security Service, Inc. v. United States

    United States Court of Federal Claims · Jan 15, 2021

    Croix location established in October 2017, and a St. Thomas location established in February 2018, with a total of 113 permanent employees in the two locations. Id. at 1–4. … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).

    Cited 0 timesPublished
  • United Affiliates Corporation v. United States

    United States Court of Federal Claims · May 29, 2019

    Accordingly, Rule 9(i) applies the familiar Twombly and Iqbal notice pleading standards to the takings context and does not establish a heightened requirement. … Cir. 2009) (“The right to develop one’s land is clearly cognizable.”); Cienega Gardens v. United States, 331 F.3d 1319, 1336 (Fed. Cir. 2003) (“[T]he right to mine . . . [is] inherent in . . . ownership rights.”).

    Cited 0 timesPublished
  • Faerber v. United States

    United States Court of Federal Claims · Nov 1, 2021

    The burden is on 14 the plaintiff to prove such error through “cogent and clearly convincing evidence.” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed. … To establish the Court’s jurisdiction, Plaintiff relies on the Military Pay Act, 37 U.S.C § 204, as the relevant money-mandating statute.

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

    United States Court of Federal Claims · Feb 7, 2017

    It short, his signs and symptoms did not fit clearly into any one category and it seems likely that the cause of his disease did not fit clearly into one end of the spectrum or the other either. … presentation to the immune system.

    Cited 0 timesUnpublished
  • Moody v. United States

    United 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 timesPublished
  • Laidlaw Environmental Services (GS), Inc. v. United States

    43 Cont. Cas. Fed. 77,436 · United States Court of Federal Claims · Feb 24, 1999

    In enacting the CDA, Congress waived its traditional sovereign immunity. Fidelity Constr. Co. v. United States, 700 F.2d 1379, 1383 (Fed.Cir.1983). … The stipulations must be comprehensive and the fact that any matter may have been established during discovery by admission or otherwise is not grounds for omitting it from stipulation.

    Cited 7 timesPublished
  • Palantir Usg, Inc. v. United States

    129 Fed. Cl. 218 · United States Court of Federal Claims · Nov 3, 2016

    Cl. at 474, that “[t]his discretionary language – ‘to the maximum extent practicable [sic] - qualifies the agency’s obligations.” … And, clearly, when the Army issued Request for Proposals No.

    Cited 21 timesPublished
  • Sheets v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 29, 2019

    furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … can result in immune-mediated harm to otherwise healthy tissues.”

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

    United States Court of Federal Claims · Mar 6, 2017

    N.S. received the DTaP, Hib, and PC immunizations on March 1, 2013. 3. The vaccines were administered within the United States. 4. … y stated and clearly agreed to.

    Cited 0 timesUnpublished
  • Ahtna Logistics LLC. v. United States

    United States Court of Federal Claims · Dec 6, 2022

    Cl. 275, 287–88 (2022) (“In order to be successful in a bid protest, a protestor must establish prejudice twice. First, it must establish prejudice as part of the standing inquiry. . . . … The SSA clearly intended to write “Ahtna and Paragon” in that sentence, not “Ahtna and AIP.”

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

    United States Court of Federal Claims · Jan 24, 2014

    Petitioner filed a response on December 20, 2013, approximately one week after the deadline established in the November 15, 2013 Order. Id. … Petitioner “bears the burden of establishing the hours expended.” Wasson v. Sec’y of Health & Human Servs., 24 Cl.

    Cited 0 timesPublished

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