Case law
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Galvan 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 timesPublishedSummit Multi-Family Housing Corporation v. United States
124 Fed. Cl. 562 · United States Court of Federal Claims · Dec 17, 2015
Cl. 537, 548 (2013) (observing that “the protests generally alleged that the PBACCs were procurement contracts and not properly awarded in accordance with federal procurement law, that out-of-state PHAs were not legally qualified … As described above, SMHC’s complaints clearly characterize the breach claims as involving violations of the PBACCs themselves, and not violations of some other preliminary agreement to enter PBACCs.
Cited 1 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 timesUnpublishedUnited States Court of Federal Claims · Dec 23, 2019
The Tucker Act concurrently "waives the Government's sovereign immunity for those actions." Id. … Finally, it is well-established that due process and equal protection claims rely on constitutional provisions which are not money-mandating; thus, such claims are not within this court's jurisdiction.
Cited 0 timesUnpublishedJohn R. Sand & Gravel Co. v. United States
62 Fed. Cl. 556 · United States Court of Federal Claims · Oct 29, 2004
Defense counsel is neither an expert qualified to opine regarding handwriting nor a lay person familiar with Mr. Evatz’s handwriting. Cf. United States v. … Sand, likewise, had no obligation to accommodate the Metamora Landfill operation, yet the evi *570 dence clearly shows that it did so. John R.
Vacated on other grounds by John R. Sand & Gravel Company v. United States, 457 F.3d 1345 (2006)Cited 9 timesPublishedKemron Environmental Services, Inc. v. United States
93 Fed. Cl. 74 · United States Court of Federal Claims · May 27, 2010
A waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … Nevertheless, “[cjorrespon-dence which indicates disagreement during negotiations, ... does not qualify as a valid CDA claim.” Kalamazoo Contractors, Inc., 37 Fed.Cl. at 368 .
Cited 0 timesPublishedSacramento Grazing Association, Inc. v. United States
United States Court of Federal Claims · Nov 3, 2017
Cir. 2009) (“The Tucker Act waives sovereign immunity and provides jurisdiction for certain types of claims, including . . . where there is a money-mandating provision on which the plaintiff may base its recovery. . . . … or abridged sufficiently to qualify as ‘taken.’”
Cited 0 timesPublishedChe 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 timesPublishedHernandez, Kroone & Associates, Inc. v. United States
95 Fed. Cl. 395 · United States Court of Federal Claims · Oct 22, 2010
Also subject to the government’s Motion to Compel are Eight Requests for Production of Documents — all but one are qualified with “not previously produced.” … Plaintiff also notes that the government did not establish that the electronic format of the schedules were previously requested. {Id. at 4 n. 6) .
Cited 5 timesPublishedCastaneda v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 8, 2020
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 … Experienced Immune Activation Dr.
Cited 0 timesUnpublishedCheshire Hunt, Inc. v. United States
United States Court of Federal Claims · Jan 31, 2022
If a State, political subdivision, or qualified private organization is prepared to assume full responsibility for management of such rights-of-way and for any legal liability … The STB has clearly stated that its “regulatory interest is that nothing precludes ‘a railroad’s right to reassert control over the right-of-way at some future time to revive active rail service.’”
Cited 0 timesPublished93 Fed. Cl. 579 · United States Court of Federal Claims · Jun 24, 2010
This conclusion contrasts with that in Abbey , where the court stated: There is an absence in either the text of the legislation or in the legislative history of § 106(i )(1) of a clearly discernable indication of congressional … The Parties also understand that an early and open exchange of information is essential to clearly address the concerns or reservations of each Party.
Cited 18 timesPublishedWells Fargo Bank, N.A. v. United States
33 Fed. Cl. 233 · United States Court of Federal Claims · Apr 11, 1995
Most importantly, Wells has failed to establish that the value of the equity was an interest protected by the contract. … The matter would appear to call for congressional attention as it involves the waiver of sovereign immunity. 801 F.2d at 1303 (Nichols, J., Concurring).
Cited 3 timesPublished92 Fed. Cl. 776 · United States Court of Federal Claims · May 10, 2010
Smith’s memorandum “does not establish that [Mr. … United States, 34 Fed.Cl. 159, 164 (1995) (“An award of a higher VA rating does not establish error or injustice in the Army rating.”).
Cited 46 timesPublishedAmerican Capital Corp. v. United States
63 Fed. Cl. 637 · United States Court of Federal Claims · Jan 19, 2005
GOVERNMENT’S COUNSEL: And how qualified did you consider Mr. Burstein to run a thrift of Transohio’s size? MR. BENHAM: I didn’t really think he was well qualified. … See 12 C.F.R. § 567.1 (qualifying supervisory goodwill); see also PX 1266.
Cited 5 timesPublishedJ. v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 30, 2022
Most importantly, W.J.’s treating physicians did not diagnose W.J. with an abnormal immune illness due to these lab results. … A legal representative is “a parent or an individual who qualifies as a legal guardian under State law.” § 33(2).
Cited 0 timesUnpublishedDowdle v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 4, 2023
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 … He is a qualified expert, and his work in this case was mostly helpful to the resolution of Petitioner’s claim.
Cited 0 timesUnpublishedBevill v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 3, 2015
A through E), establishes that a diagnosis of ASD is based on observations of behavioral symptoms. … This history clearly indicates onset of language delay prior to age two.
Cited 0 timesUnpublishedCheshire Hunt, Inc. v. United States
United States Court of Federal Claims · Jan 31, 2022
If a State, political subdivision, or qualified private organization is prepared to assume full responsibility for management of such rights-of-way and for any legal liability … The STB has clearly stated that its “regulatory interest is that nothing precludes ‘a railroad’s right to reassert control over the right-of-way at some future time to revive active rail service.’”
Cited 0 timesPublishedA-T Solutions, Inc. v. United States
122 Fed. Cl. 170 · United States Court of Federal Claims · Jul 14, 2015
Marginal: Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. … Nor has Plaintiff established that DTRA failed to rationally explain its award to Cubic. This was a best-value procurement.
Cited 17 timesPublished
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