Case law
Opinions from 1658 to today.
4,740 results
0.84s
United States Court of Federal Claims · Dec 4, 2020
Cir. 2008) (“An abuse of discretion occurs when a court misunderstands or misapplies the relevant law or makes a clearly erroneous finding of fact.”); PPG Indus., Inc. v. … In the court’s May 31, 2020 Opinion granting defendant’s motion to dismiss, the court did not consider that plaintiff’s withheld monies could qualify as deposits rather than tax payments.
Cited 0 timesPublishedDaugherty v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 15, 2024
that he received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of his … Minnix recorded: “Immunization: Flu3V (Fluzone High Dose), 65 YRS+, NO PRES – ALL PAYORS: 0.5 ML (Dose No:1) on Right Deltoid.”
Cited 0 timesUnpublishedMadison Services, Inc. v. United States
92 Fed. Cl. 120 · United States Court of Federal Claims · Mar 23, 2010
Clearly, however, in order to invoke FAR 15.206(e) in support of her decision to cancel a negotiated procurement, a contracting officer need only have a reasonable basis for concluding that a proposed amendment rises to the … While the congressional staff report may qualify for judicial notice, pursuant to Rule 201 of the Federal Rules of Evidence, this does not exempt plaintiff from having to meet the independent requirements for supplementation
Cited 49 timesPublishedIMS Engineers-Architects, P.C. v. United States
92 Fed. Cl. 52 · United States Court of Federal Claims · Mar 18, 2010
The court first must ascertain “whether [the release’s] language clearly bars the asserted claim.” Dureiko, 209 F.3d at 1356 (citing King v. Dep’t of the Navy, 130 F.3d 1031, 1033 (Fed.Cir.1997)). … Third, “the measure of damages must be reasonably certain, although if a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Id.
Cited 11 timesPublishedMalar v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 17, 2026
He opined “this clearly establishes that the onset of neurological symptoms preceded her optic neuritis and occurred approximately 4-8 weeks following the vaccination.” Id. at 2. … However, because there was no orbital study to clearly identify these findings, Dr.
Cited 0 timesUnpublishedHallwood Plaza, Inc. v. United States
84 Fed. Cl. 804 · United States Court of Federal Claims · Dec 5, 2008
Plaintiff appears to regard this crucial provision as hortatory; defendant, through Contracting Officer Kosman, regards it as a final concession by the Government of items that qualify as costs for tenant improvements, such … Analysis Defendant argues that the SFO called for an office work space, not a retail space, clearly and unambiguously. See SFO § 1.1.
Cited 4 timesPublishedJarurn Investors, LLC v. United States
United States Court of Federal Claims · Aug 12, 2019
The facts in Poorvu are clearly distinguishable from the facts in this case. … Jarurn has no response to this established precedent.
Cited 0 timesPublishedAnderson v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 7, 2022
P1, p. 1); • A letter dated February 4, 2020, by the manager of legal services for Rite Aid Pharmacy confirming that “the immunization administration records for the vaccination administered … On November 2, 2018, petitioner established care with a primary care provider, a family nurse practitioner. (Ex. P3, p. 69.) Petitioner’s history of prior vaccinations was documented. (Id. at 63.)
Cited 0 timesPublishedTAGUACTA v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Dec 17, 2025
Taguacta expressed the view that B.T.’s purported encephalitis had “occurred immediately after an immunization and that [B.T.] is allergic” to the MMR vaccine. Id. … “was developing normally and developed atypical symptoms after immunization shot including [signs and symptoms] of autism and atypical communication.”
Cited 0 timesUnpublishedDelpin-Aponte v. United States
116 Fed. Cl. 5 · United States Court of Federal Claims · May 7, 2014
BACKGROUND Plaintiffs in this class action lawsuit seek to establish that the USPS has underpaid its employees in Puerto Rico for their overtime hours worked. … Cir. 1985), and claims based on it may be brought in our Court due to the Tucker Act’s waiver of sovereign immunity, 28 U.S.C. § 1491(a)(1). See Zumerling, 769 F.2d at 748 (citing United States v.
Cited 3 timesPublishedPacific Gas and Electric Company v. United States
United States Court of Federal Claims · Mar 12, 2015
FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the non- public utilities and explained that it was establishing just and reasonable rates in order … Instead, third-party beneficiary status may be established where the party “fall[s] within a class clearly intended to be benefited” by the contract. See Montana, 124 F.3d at 1273; see also JGB Enters., Inc. v.
Cited 0 timesPublishedEnron Federal Solutions, Inc. v. United States
80 Fed. Cl. 382 · United States Court of Federal Claims · Feb 7, 2008
“Clearly, the implementation of capital improvements was a pure construction activity ... and just as clearly, the construction of capital improvements was a part of the contract separate and distinct from performance of … This clearly mirrors the situation before this Court.
Cited 27 timesPublished43 Fed. Cl. 621 · United States Court of Federal Claims · May 10, 1999
The plaintiff argues that a deprivation of liberty (that would allow the plaintiff to qualify for redress) continued after the date implemented by the ORA in the revised regulations discussed above because (1) the lack of … United States: “Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous,” Anderson v.
Cited 5 timesPublishedCebe Farms, Ind. v. United States
103 Fed. Cl. 174 · United States Court of Federal Claims · Jan 31, 2012
(“Cebe Farms”), established by Joseph Cebe in 1981, is a small family farm located in California. Id. ¶2. … The court should only grant a motion for judgment on the pleadings if the movant “is clearly entitled to judgment on the basis of the facts as the plaintiff has presented them.” Owen v.
Cited 1 timesPublishedUnited States Court of Federal Claims · Mar 13, 2015
FERC, 693 F.3d 828, 841 (9th Cir. 2012) (“FERC clearly acknowledged that it did not have authority to order refunds from the non- public utilities and explained that it was establishing just and reasonable rates in order … Instead, third-party beneficiary status may be established where the party “fall[s] within a class clearly intended to be benefited” by the contract. See Montana, 124 F.3d at 1273; see also JGB Enters., Inc. v.
Cited 0 timesPublishedUnited States Court of Federal Claims · Sep 28, 2022
at 276 (“The advantage inuring to the city of San Antonio from the establishment of the military headquarters there was clearly a valuable consideration for the deed of the city to the United States.”). … Here, the intended purpose of the conveyance was clearly to build and operate a railroad.
Cited 0 timesPublishedUnited States Court of Federal Claims · Feb 6, 2017
place him on the "Blue List" for "Diplomatic Passports, Diplomatic Immunities photo ID and other minor items." ld. at 18-19. Based on these allegations, Mr. … First, a transfer to the Federal Circuit would clearly be improper, as that court is an appellate tribunal and lacks jurisdiction to hear original cases like the one Mr. Bechard has brought here. See 28 U.S.C. 91295.
Cited 0 timesUnpublishedGalvan v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 11, 2021
Upon intake, Galvan was diagnosed with “other complications following immunization, not elsewhere classified” and her discharge diagnosis was “post-vaccination fever.” (Id. at 220, 222). … In 1986, Congress passed the Vaccine Act, establishing a program administered by the Secretary of Health and Human Services to increase the safety and availability of vaccines. 42 U.S.C. § 300aa-1; Terran v.
Cited 0 timesPublishedRuppert v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 17, 2015
In fact, petitioner need not even establish that a claim is likely to succeed. McKellar, 2012 WL 362030, *6-7. … Axelrod, a qualified immunologist, which set forth a basis for a connection between the administration of vaccines and MS. See Pet. Ex. 14, 42.
Cited 0 timesUnpublishedChe Consulting, Inc. v. United States
125 Fed. Cl. 234 · United States Court of Federal Claims · Mar 2, 2016
Consequently, plaintiff does not possess the necessary direct economic interest that would qualify it as an interested party. … Clearly, the six electronic- mail messages, as well as the two declarations, were neither before nor considered by the contracting officer and thus played no role in this procurement.
Cited 3 timesPublished
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