Case law

Knieper v. United States

38 Fed. Cl. 128 · United States Court of Federal Claims · May 23, 1997

Plaintiffs argue that “[t]he Utility Agreement states that there is well and septic present, and clearly shows the representation and understanding of the parties as to this matter.” … Moreover, this case does not qualify for rescission under the theory of mutual mistake of fact.

Kidde Industries, Inc. v. United States

40 Fed. Cl. 42 · United States Court of Federal Claims · Dec 31, 1997

Clearly, KIC’s organization and certain aspects of its operation are different than many United States insurance companies. … Statutes of limitations established by Congress for suits against the United States are conditions of Congress’ waiver of sovereign immunity and may not be extended by the courts. See Block v.

Sweetwater, A Wilderness Lodge LLC v. United States

72 Fed. Cl. 208 · United States Court of Federal Claims · Aug 25, 2006

Dave Bran-non blamed the Forest Service for the collapse and made his frustration with the personnel involved clearly known. Mr. … A $5,000 escrow was to be established from the purchase price at closing “to be released to Seller at such time as the U.S.

Kidwell v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 15, 2021

Initially, petitioner also suggests that “[e]ven if the Special Master finds petitioner did not fully lose consciousness, Petitioner was clearly confused. Dr. … While he is qualified to discuss the effects of syncope and presyncope, he has no particular qualification to speak to specific contentions of what type of human errors are likely to lead to an auto accident.

Penda Corp. v. United States

29 Fed. Cl. 533 · United States Court of Federal Claims · Sep 30, 1993

Clearly he had access to plaintiff’s pallet. Plaintiff introduced evidence of shipments to WolPac of samples of their pallets. … The evidence, viewed as a whole, does not support a conclusion that Penda’s royalty should be that low. 14- “The opinion testimony of qualified experts.” Mr.

H.N. Wood Products, Inc. v. United States

59 Fed. Cl. 479 · United States Court of Federal Claims · Dec 19, 2003

Purchaser agrees to provide receipts or other documentation to the Contracting Officer which clearly identify and verify actual expenditures. … Rather, the Forest Service’s suspension authority was qualified by its implied obligations, including its duty to cooperate and not to hinder H.N. Wood’s performance. See id.

Good v. United States

39 Fed. Cl. 81 · United States Court of Federal Claims · Aug 22, 1997

Plaintiff has failed to establish either proposition. … The Court qualified this per se rule in Nollan v.

Ambase Corp. v. United States

100 Fed. Cl. 548 · United States Court of Federal Claims · Aug 31, 2011

Reasonable Certainty “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.’” … The loss of an item with “substantial value” establishes that Carteret sustained significant economic injury.

Solute Consulting v. United States

103 Fed. Cl. 783 · United States Court of Federal Claims · Feb 28, 2012

Key Personnel • The failure to deem Sentek ineligible to receive the task order as a result of Sentek proposing key personnel who were not qualified or were unavailable to perform the work. 6 Id. ¶¶ 85-88. • The rating of … Such a construction would clearly frustrate the congressional intent to limit contractors’ ability to protest the issuance of task orders.

Management & Training Corporation v. United States

United States Court of Federal Claims · Sep 1, 2022

Cir. 2018) (setting forth the requirements to establish standing in bid protests). C. … Consequently, MTC has established irreparable injury. 2.

Faulk v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 21, 2021

B.B. received her immunization on October 15, 2015. 3. The vaccine was administered within the United States. 4. … There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to.

Sonoma Apartment Associates v. United States

134 Fed. Cl. 90 · United States Court of Federal Claims · Sep 22, 2017

The court qualified Mr. … The court qualified Dr.

Salerno v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 24, 2020

Additionally, the paragraph in which the comment appears otherwise contains statements that do not clearly support Ms. Salerno’s position. … immune within one month.

Erxleben v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 12, 2017

Kraus obtained a qualified expert's opinion that did not support her claim. Mr. … Erxleben's condition is not immune-related and there have been no reports associating this condition with vaccinations. Petitioner expressed a desire to attempt to locate an expert on her own. At my request, Mr.

weston/bean Joint Venture v. United States

123 Fed. Cl. 341 · United States Court of Federal Claims · Sep 11, 2015

And even if the primary purpose was the removal of contaminated sediments, it was clearly not the exclusive purpose. … While the Court is satisfied that the weight of the evidence establishes that maintenance dredging can and often does involve the removal of material other than sediment, including loose rock, the record also establishes

Arseneault v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 14, 2023

Soloway’s last hourly rate was established based upon a case decided in 2017, at which time he was awarded $350 per hour for that year. See Pinckard v. Sec’y of Health & Human. … See ECF No. 68-6 at 2. 5 express waiver of sovereign immunity from an award of interest.’” Raymo v. Sec’y of Health & Human. Servs., 129 Fed.

Altair Global Credit Opportunities Fund (A), LLC v. United States

United States Court of Federal Claims · Jul 13, 2018

In fact, there is nothing in the text of PROMESA that either refers to the Tucker Act or the Government’s waiver of sovereign immunity thereunder. … Therefore, without “a clearly expressed congressional intention to the contrary, [the court must] reward each [statute] as effective.” Blanchette, 419 U.S. at 134.

French v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 28, 2017

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 … V.F. received DTaP and Hib immunizations on January 15, 2013. 3. The vaccines were administered within the United States. 4.

E-Management Consultants, Inc. v. United States

84 Fed. Cl. 1 · United States Court of Federal Claims · Oct 8, 2008

Plaintiff, as an unsuccessful bidder in the procxxrement action, qualifies as an “interested party” under both the Tucker Act and CICA. See Banknote Corp. of Am. v. … The CICA stay was meant to prevent the “fait accompli” of a contractor establishing a relationship in a new contract with an agency long before GAO issued its decision. See H.R.Rep. No. 99-138, at 4-5.

Summit Technologies, LLC v. United States

United States Court of Federal Claims · Nov 20, 2020

The solicitation was intended to “replenish the pool of SDVOSB prime contractors under the contract, anticipating that several incumbent SDVOSBs would no longer qualify at the end of the five-year base period.” … Cir. 1996) (“To establish prejudice, a protester is not required to show that but for the alleged error, the protester would have been awarded the contract.”).