Case law
Opinions from 1658 to today.
4,740 results
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Sirius Federal, LLC v. United States
United States Court of Federal Claims · Apr 14, 2021
The challenged Plaintiffs have established their standing. … Finally, the Defendant-Intervenors argue that Plaintiff-Awardees cannot qualify as “interested parties” because they have already received BPA awards as CTA Team Members. Telos MTD at 7; Red River MTD at 3.
Cited 0 timesPublishedITT Federal Services Corp. v. United States
45 Fed. Cl. 174 · United States Court of Federal Claims · Oct 29, 1999
court must determine whether or not defendant’s actions toward ITT were: (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … That regulation further provides: [I]n acquisitions where the requirement is clearly definable and the risk of unsuccessful contract performance is minimal, cost or price may play a dominant role in source selection.
Cited 28 timesPublishedK-Con Building Systems, Inc. v. United States
115 Fed. Cl. 558 · United States Court of Federal Claims · Apr 7, 2014
Broussard’s rejection of that request appears to qualify as a contracting officer’s decision, see 41 U.S.C. § 605(a), (c); Alliant Techsys., Inc. v. United States, 178 F.3d 1260, 1268 (Fed. … Defendant correctly notes that plaintiff must establish that it incurred the claimed expenses in order to recover them.
Cited 3 timesPublishedBoyd v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 14, 2021
The record listed the recent flu vaccine in the immunization history section, but no complaints or findings pertaining to the left shoulder. The musculoskeletal exam states only: “Normal gait.” Id. … Respondent correctly observes that neither letter is more clearly depicted than the other.
Cited 0 timesUnpublishedCorum v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 8, 2022
Section 33 of the Vaccine Act defines a legal representative as someone who qualifies to be a legal guardian under state law. The definition does not specifically address estate representatives. … Cloer, that petitioner did not have a reasonable basis to file this action given her clearly inadequate attempt to demonstrate her representative capacity for the decedent vaccinee. 6 VI.
Cited 0 timesPublishedOrloski v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 13, 2020
To establish Althen prongs two and three, Petitioner argues that “the medical records . . . clearly support [her] claim that she became immediately ill after receipt of the flu vaccination and then again immediately following … Therefore, Petitioner continues, “[g]iven the immediate onset of symptoms not once, but twice, the records could not more clearly establish a temporal link to reactions to both vaccinations.” Id.
Cited 0 timesUnpublishedThe Tolliver Group, Inc. v. United States
United States Court of Federal Claims · Nov 30, 2020
Therefore, issuance by the Government of an order in response to a supplier's quotation does not establish a contract. … In the hypothetical case outlined above, the FASA task order protest bar clearly would not apply because, at a minimum, 47 the agency has not yet selected any contract vehicle (task order or otherwise).
Cited 0 timesPublishedMONTE v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Jan 31, 2024
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 … This is of course not to say that the evidence establishes an explanation for D.M.’s condition (and I am not qualified to diagnose him in performing my duties as special master in any event).
Cited 0 timesUnpublishedWright v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 27, 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 … Petitioner alleged that the measles-mumps-rubella (“MMR”) vaccine B.W. received on March 28, 2014, caused him to develop immune thrombocytopenic purpura (“ITP”). Pet. at 1.
Cited 0 timesPublishedDynacs Engineering Co. v. United States
48 Fed. Cl. 124 · United States Court of Federal Claims · Oct 25, 2000
Indeed, Dynaes clearly understood and acknowledged the possible competitive disadvantage reflected in these aspects of its proposal: [ ]. AR at 2557. … Dynacs may establish prejudice in this procurement process by showing “that there was a substantial chance it would have received the contract award but for th[e] error.”
Cited 31 timesPublishedWhitfield v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 15, 2021
Sec’y of Health & Human Servs., 951 F.3d at 1379 (“With respect to factual findings, however, we will uphold the special master’s findings of fact unless they are clearly erroneous.” (citing Althen v. … “Clearly it is not then the role of this court to reweigh the factual evidence, or to assess whether the special master correctly evaluated the evidence.
Cited 0 timesPublishedThe Tolliver Group, Inc. v. United States
United States Court of Federal Claims · Nov 30, 2020
Therefore, issuance by the Government of an order in response to a supplier's quotation does not establish a contract. … In the hypothetical case outlined above, the FASA task order protest bar clearly would not apply because, at a minimum, 47 the agency has not yet selected any contract vehicle (task order or otherwise).
Cited 0 timesPublished34 Fed. Cl. 112 · United States Court of Federal Claims · Sep 7, 1995
The phrase “Trust Estate” is not synonymous with the term “corpus” because undistributed net profits and net earnings, which clearly are not corpus in the year earned, constitute part of the Trust Estate. … This provision, however, does not support defendant's position because ZH does not qualify as either a regulated investment company or a mutual fund.
Cited 0 timesPublishedStone v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 26, 2023
Petitioner argued that she has met the severity requirement and established reasonable basis. … Grund’s conclusory opinion and the treating providers’ speculations are clearly insufficient to satisfy the Althen prongs.
Cited 0 timesUnpublishedFlamingo Fishing Corp. v. United States
32 Fed. Cl. 377 · United States Court of Federal Claims · Dec 9, 1994
The “normally” issue The second issue tried was whether the word “normally” in I.R.C. § 3121(b)(20) has been defined sufficiently clearly. … Enoksen’s testimony, coupled with documentary evidence admitted at trial, established the same fact. . The term "average” is one of the definitions relied on by the G.C.M. .
Cited 3 timesPublishedPloughe v. Secretary of Health and Human Services
United States Court of Federal Claims · May 19, 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 … Her health history now noted (for the first time) that S.P. had previously experienced immunization reactions. Jd. at 21.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Dec 22, 2021
Podlucky covers his wife as well, then she too qualifies to proceed in forma pauperis. … The plaintiff has the burden of establishing jurisdiction by a preponderance of the evidence. Trusted Integration, Inc., 659 F.3d at 1163.
Cited 0 timesUnpublishedDominion Resources, Inc. v. United States
84 Fed. Cl. 259 · United States Court of Federal Claims · Oct 15, 2008
If “a reasonable probability of damages can be clearly established, uncertainty as to the amount will not preclude recovery.” Glendale Fed. Bank, FSB v. United States, 378 F.3d 1308, 1313 (Fed. … Once these procedures have been established, workers must be trained and qualified to perform them.
Cited 17 timesPublished41 Fed. Cl. 674 · United States Court of Federal Claims · Aug 27, 1998
Thus, regardless of plaintiffs’ portrayal of the actions that gave rise to the erosion, the nature of the alleged invasion by the Government is such that, if established, would clearly constitute a taking. … They contend, first, that the process of establishing bank locations and crossing dates from aerial photography is subject to the possibility of significant error — error too substantial to permit the establishment of a date
Vacated on other grounds by Boling v. United States, 220 F.3d 1365 (2000)Cited 8 timesPublishedValdez v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 8, 2024
Accordingly, before I would conclude petitioner had a reasonable basis to proceed based on either fibromyalgia or small fiber neuropathy, I required petitioner as a threshold matter to have a qualified expert establish either … The WHO defines ISRRs as “[adverse events following immunization] arising from anxiety about the immunization.” (Id. at 16.) According to Dr.
Cited 0 timesUnpublished
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