Case law

Kelly v. United States

United States Court of Federal Claims · Oct 20, 2025

The Court previously noted that this comment did not clearly establish what role Mr. Kelly played in this operation. See Kelly I, 157 Fed. Cl. at 127 n.8. … Kelly was “qualified for service and separation.” Id. (capitalization omitted). Accordingly, the statement Mr.

R. v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 3, 2021

Cl. 421 (2013) (petitioners not entitled to redaction of names from decision where they failed to establish compelling grounds for so doing). … As stated in the previous section, to qualify for redaction in vaccine cases, a petitioner must show that disclosure “would constitute a clearly unwarranted invasion of privacy.”

Hospital Services Ass'n v. United States

78 Fed. Cl. 434 · United States Court of Federal Claims · Sep 14, 2007

Second, to qualify as a change in a method of accounting, the item consistently must have been treated the same on the taxpayer’s returns. See Treas. Reg. § 1.446 -l(e). … When invoking the Fresh Start Basis Rule, HSA simply established a fair market value for each existing contract on January 1, 1987, as the Tax Reform Act allowed.

Consolidated Edison Co. v. United States

90 Fed. Cl. 228 · United States Court of Federal Claims · Oct 21, 2009

LaRue clearly indicated that the plaintiff would bear burdens and benefits of ownership if the Retention Option is exercised: Q. All right. … Kelly, was qualified as an expert in “valuations, appraisals and appraisal reviews of utility properties.” Mr.

Kennedy v. United States

United States Court of Federal Claims · Dec 11, 2025

Kennedy has failed to plead sufficient facts to establish the elements of either claim. … Cl. 301, 304 (1998) (holding that an account stated claim requires “a definite decision” in the taxpayer’s favor, a showing of which is undermined by “provisional and tentative” or “qualifying” language). Mr.

Oasis International Waters, Inc. v. United States

110 Fed. Cl. 87 · United States Court of Federal Claims · Apr 18, 2013

P00011 revamped the CLIN structure to clearly reflect a bottled water capability contract (service).” … Although the contours of government waiver are not as clearly established, the same logic has been applied to allow local government agents to waive the privilege if they have been delegated authority to bind the government

Stimson Lumber Company v. United States

United States Court of Federal Claims · May 8, 2020

The analysis ends if in context, the words of the easement “clearly express the easement’s purpose.” … Here, unlike in Bernards, 17 transportation by foot does not qualify as a technological advancement over railroad transportation.

Polinski v. United States

United States Court of Federal Claims · Feb 7, 2025

Third, Plaintiff’s allegations fail to establish a money-mandating source of law, which is necessary to establish this court’s jurisdiction. … Polinski clearly intends to add these two claims rather than abandon the prior claims in his original complaint.

Adams v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 19, 2024

In the present case, for petitioner to qualify for a Vaccine Injury Table presumption of causation, a preponderance of the evidence must establish that the initial symptom or manifestation of onset of her GBS occurred not … Lajara-Nanson’s opinion, referencing literature which “clearly demonstrate[es] the incorrect rationale” in Dr.

Ampersand Chowchilla Biomass, LLC v. United States

United States Court of Federal Claims · Nov 9, 2020

From a tax perspective, we believe that that was sufficient to qualify for the production tax credits . . . .” Tr. 1754. … Shaw did not believe the Facilities qualified for a Section 1603 grant. D.E.

Parcel 49c Limited Partnership v. United States

United States Court of Federal Claims · Jan 3, 2017

But, it is also well established that supplementation of the administrative record with matters that address the legal issues before the Court is not appropriate. Id. … First, contrary to Parcel 49C’s contentions in this case, the RLP clearly requires that all offerors, including Parcel 49C, provide NEPA documentation to be eligible for award of the FCC Lease.

Confidential Informant 59-05071 v. United States

108 Fed. Cl. 121 · United States Court of Federal Claims · Dec 11, 2012

Marriott Int’l, 437 F.3d at 1307 ; see also CACI, 12 Cl.Ct. at 687 (“The executive privilege ... is a qualified one. … See Marriott Int’l, 437 F.3d at 1307 (describing the qualified nature of the deliberative process privilege). a.

Cervantez-Tkac v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 16, 2021

She complained of right foot pain, diagnosed as plantar fasciitis, and acute left shoulder pain which started after immunization. Id. … The vaccine record clearly establishes that, on December 20, 2018, Petitioner received a flu vaccine which was administered intramuscularly.

Loving v. Hhs

United States Court of Federal Claims · Apr 4, 2016

July 31, 2001) (finding that infantile spasms, which first appeared within 72 hours of a DPT vaccination, did not qualify as an encephalopathy as defined in the revised table, and finding that petitioners failed to establish … The Vaccine Guidelines clearly warn against listing too many activities in one entry, because such block billing makes assessing the reasonableness of the time claimed difficult or impossible.

Principal Life Insurance v. United States

70 Fed. Cl. 144 · United States Court of Federal Claims · Mar 17, 2006

As such, it is hardly surprising that an ordinary sale neither qualifies as a “transfer” nor an “exchange” under this provision. See Peracchi, 143 F.3d at 490; Utley v. … The legislative history of section 202(a) reflects that it was intended "to show clearly the method of determining the amount of gain or loss from the sale or other disposition of property ...

Hsh Nordbank Ag v. United States

121 Fed. Cl. 332 · United States Court of Federal Claims · May 19, 2015

Cl. at 36163; see also id. at 370 (“Clearly, under this principle [of subrogation,] plaintiff was no volunteer. … As such, CEP’s assignment does not qualify under this limited exemption.

Meltzer v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 21, 2023

I also explained that petitioner’s motion to proceed in forma pauperis will be denied because he does not qualify.3 Additionally, I explained that in order for petitioner to prevail, he will need to demonstrate how the flu … Petitioner has not submitted any medical records or other evidence sufficient to establish entitlement to compensation.

Kreizenbeck v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 6, 2020

causing him to suffer from immune system dysfunction, or hypogammaglobulinemia. Amended Petition at 1–2, dated Feb. 22, 2012 (ECF No. 27) (“Amended Pet.”). … But Petitioners ultimately abandoned those allegations, and instead recast the claim to allege mitochondrial disorder and immune dysfunction. See generally Amended Pet.

First Heights Bank, FSB v. United States

46 Fed. Cl. 827 · United States Court of Federal Claims · Jun 16, 2000

Although the work product privilege is a qualified privilege that may be overcome with a showing of “substantial need,” see RCFC 26(b)(2), the considerations for evaluating need in relation to the deliberative process privilege … Clearly, the corporations are being identified in connection with their status as taxpayers. Their names must be redacted under Section 6103.

Metropolitan Van & Storage, Inc. v. United States

92 Fed. Cl. 232 · United States Court of Federal Claims · Apr 16, 2010

Price competition can establish the reasonableness of an offeror’s price. See Moore’s Cafeteria Servs. v. … and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity