Case law
Opinions from 1658 to today.
4,740 results
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Abbott Laboratories v. United States
84 Fed. Cl. 96 · United States Court of Federal Claims · Sep 24, 2008
As part of the Revenue Act of 1971, Congress enacted provisions that “provided special tax treatment for export sales made by an American manufacturer through a subsidiary that qualified as a ‘domestic international sales … A corresponding account payable will be established by the person who underpaid the amount due.
Cited 8 timesPublishedForrest v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 13, 2017
Petitioners cannot establish entitlement to compensation based solely on their assertions. … This 1987 study was of immunized and non-immunized infants who died in infancy.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Mar 25, 2019
“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). … Cl. 556, 558 (2017) (“[I]t is Well-established that this court has no power to review, alter or reverse the decisions of a state court.”). Ms.
Cited 0 timesUnpublishedT & S Products, Inc. v. United States
48 Fed. Cl. 100 · United States Court of Federal Claims · Oct 23, 2000
After pre-qualifying a number of vendors, the USPS issued the Solicitation, which included nine evaluation factors weighted to make up a 100-point score. The factors were weighted, as follows: 1. … The GAO determined that the evaluators properly had refused to consider the parent corporation’s resources where the offeror identified itself as an independent cost center within a greater corporate structure and did not clearly
Cited 19 timesPublishedSergent Mechanical Systems, Inc. v. United States
40 Cont. Cas. Fed. 76,860 · United States Court of Federal Claims · Oct 18, 1995
However, plaintiff counters that no drawing clearly shows the conduit extending at an angle from the power pole to the capsule. … The court agrees with plaintiff that the none of the contract drawings clearly indicates the true configuration of the conduit.
Cited 7 timesPublishedEpstein v. Secretary of Department of Health & Human Services
35 Fed. Cl. 467 · United States Court of Federal Claims · Apr 26, 1996
The Ciotoli court also states that “[m]ere conjecture or speculation will not establish a probability.” Id. (citing Snowbank Enter, v. United States, 6 Cl.Ct. 476, 486 (1984)). … In my experience, more than 90 percent of the children who experience shock-collapse as a direct result of the DPT immunization, within eight to 12 hours, have resolutions — spontaneous resolution of their symptoms.”
Cited 17 timesPublishedDauphin Island Property Owners Ass'n v. United States
90 Fed. Cl. 95 · United States Court of Federal Claims · Nov 24, 2009
The second component of the Settlement Agreement was the decision by all parties to use a team of four highly qualified engineers to perform an impact study. … The original notice of certification and settlement, however, clearly stated that by joining the class their legal rights would be affected.
Cited 20 timesPublishedUnited States Court of Federal Claims · Jul 8, 2016
Cave was clearly wrong in asserting that A.H.M. suffered from either a “mitochondrial disorder” or a “mitochondrial dysfunction.” Id. at *34-36. D. … As demonstrated by the excerpts from Special Master Vowell’s opinion cited above, that special master clearly was of the opinion that Petitioners’ counsel and Dr. Cave presented an extremely defective case.
Cited 0 timesPublishedCW Government Travel, Inc. v. United States
99 Fed. Cl. 666 · United States Court of Federal Claims · Sep 16, 2011
However, the Court will not find a provision of a solicitation ambiguous just because it could have been more clearly drafted. See Honeywell, Inc. v. United States, 870 F.2d 644, 648 (Fed.Cir.1989). … Counsel for CWT stated that the proposal was a qualified one, submitted only to preserve the firm's ability to secure an award under more favorable terms, and that CWT will likely withdraw its proposal if its protest before
Cited 9 timesPublishedFranklin Federal Savings Bank v. United States
53 Fed. Cl. 690 · United States Court of Federal Claims · Sep 5, 2002
As to the assistance proposal, I stated to the board that although they could apply if they so desired, it was my opinion that Franklin Federal would not qualify for assistance. … Clearly, the Eleventh Circuit’s ruling in Guaranty was not a central focus of the Supreme Court in deciding Winstar III .
Cited 17 timesPublishedHughes Aircraft Co. v. United States
29 Fed. Cl. 197 · United States Court of Federal Claims · Aug 16, 1993
As the foregoing discussion suggests, we think it clearly does. … Deliver to the launch site a flight qualified spacecraft for each flight mission and flight qualified spares for all critical subsystems. D.
Cited 26 timesPublishedBayFirst Solutions, LLC v. United States
104 Fed. Cl. 493 · United States Court of Federal Claims · Apr 30, 2012
Whether these advantages flow from BayFirst’s status as the lowest-price offeror responding to the Solicitation, its status as the offeror that teamed with the incumbent contractor, or its status as a qualified bidder in … Plaintiff’s Challenges that Are Clearly Connected to the Proposed Issuance of a Task Order 1. The Scope Challenge Plaintiff alleges that the proposed task order to Alutiiq exceeds the scope of Alutiiq’s ID/IQ contract.
Cited 26 timesPublishedUnited States Court of Federal Claims · Jun 9, 2021
Plaintiff has similarly failed to establish that it is entitled to relief pursuant to RCFC 60(b)(1) or (6). … The entity must obtain representation by an attorney qualified to practice before this court.”).
Cited 0 timesUnpublishedFaup v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 3, 2015
She had all of her early immunizations without incident. Id. at 2. On March 13, 2009, A.F. had a kindergarten entrance physical examination. Pet’r’s Ex. 14 at 1. … Congress established the Vaccine Program in 1988. See 42 U.S.C. §300aa-1-34.
Cited 0 timesUnpublishedSevenson Environmental Services, Inc. v. United States
76 Fed. Cl. 51 · United States Court of Federal Claims · Mar 28, 2007
Because Shaw is a contractor for the United States, Shaw’s alleged use of the patented methods here qualifies as “use ... for the United States.” Id. … Such a construction would contradict the established law relating to Markush groups.
Cited 3 timesPublishedPhillips v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 3, 2015
Kasdan also noted that the flu vaccine administration was the only event clearly linked to Mr. Phillips’ GBS, as he did not have a gastrointestinal or pulmonary infection preceding the onset of these symptoms. Id. … All evidence indicates that GBS is immune mediated via a delayed-type hypersensitivity mechanism.
Cited 0 timesUnpublishedSilver State Solar Power South, LLC v. United States
United States Court of Federal Claims · Oct 19, 2020
The CPUC statement qualifies as an approved the PPA, expert opinion, this establishing that the PPA … As to whether this well-established concept statement qualifies as an under the tax law, and it is expert opinion, this a concept that pervades
Cited 0 timesUnpublishedPitts v. Secretary of Health and Human Services
United States Court of Federal Claims · May 29, 2020
The assessments were the same as the November 5 appointment, although “encounter for immunization” was also documented. Id. … I explained everything to him clearly, he understood, was in agreement.” Id. at 9. 5 • Mr.
Cited 0 timesUnpublishedLudwigsen Family Living Trust v. United States
United States Court of Federal Claims · Oct 3, 2017
On the one hand, the Court must ensure that victims of the storm, many of whom were rendered homeless for a time and who niay be left without the necessary records or access to qualified contractors to effect repairs … However, applications that state that counsel have either too many cases, or are otherwise too busy to meet the deadlines prescribed herein, will fail to establish the requisite good cause.
Cited 0 timesPublishedUnited States Court of Federal Claims · Oct 2, 2017
On the one hand, the Court must ensure that victims of the storm, many of whom were rendered homeless for a time and who niay be left without the necessary records or access to qualified contractors to effect repairs … However, applications that state that counsel have either too many cases, or are otherwise too busy to meet the deadlines prescribed herein, will fail to establish the requisite good cause.
Cited 0 timesPublished
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