Case law

Opinions from 1658 to today.

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  • De La Garza v. United States

    United 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
  • Pitts 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 timesUnpublished
  • Smith v. United States

    40 Cont. Cas. Fed. 76,854 · United States Court of Federal Claims · Oct 25, 1995

    The record establishes SPI was not entitled to any excusable delays. … Solicitation amendment A0003, issued June 11, 1986, clearly deletes all in-process inspections.

    Cited 5 timesPublished
  • Micu v. United States

    United States Court of Federal Claims · Sep 22, 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
  • Sigmatech, Inc. v. United States

    United States Court of Federal Claims · Jan 2, 2019

    DigiFlight clearly stated the requirements and how they would perform the requirements for both Technical Expertise and Risk Mitigation and Management. … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).

    Cited 0 timesPublished
  • Ludwigsen 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 timesPublished
  • Russell v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 29, 2026

    of inflammation caused by an immune mediated response to antigenic material”)). … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v.

    Cited 0 timesUnpublished
  • Reyes v. United States

    United 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
  • Cully Corporation v. United States

    United States Court of Federal Claims · Apr 14, 2022

    “Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Id. … The Court therefore finds that, for the purposes of 41 C.F.R. § 102-71.20, ANCs qualify as “political subdivisions,” and thus, public bodies under the governing regulations.

    Cited 0 timesPublished
  • D'Andrea Bros. v. United States

    96 Fed. Cl. 205 · United States Court of Federal Claims · Nov 18, 2010

    The government first argues, without reference to the reasoning of its assertion, that “[t]he CRADA between the United States and D’Andrea Brothers is clearly not a Government contract ...” (Def.’s Mot. 10.) … To begin, it is clear from a review of the FTTA that *216 there is nothing in the Act that specifically immunizes the government from financial liability in the event of a government breach of a CRADA.

    Cited 10 timesPublished
  • Page v. United States

    51 Fed. Cl. 328 · United States Court of Federal Claims · Dec 28, 2001

    Accordingly, to encourage and “enable all qualified persons interested in operating bird quarantine facilities to do so,” APHIS proposed a rule in August 1993 that “would allow importers access to privately-owned quarantine … The claims Act, 31 U.S.C. 3727, clearly states that a corporation must be represented by an attorney authorized by the court of claims.

    Cited 10 timesPublished
  • Kerr-McGee Corp. v. United States

    77 Fed. Cl. 309 · United States Court of Federal Claims · Jun 29, 2007

    Thus, the court must only allow deductions clearly provided for by the IRC. Id. However, the distinction between a current, deductible expense and a capital expenditure is one “of degree and not of kind.” Welch v. … Although Kerr-McGee argues that “any migration of the sludge during [its] 16 years of being the owner and operator of the refinery” qualifies as contamination pursuant to CERCLA, Reply 3, 13, the record is devoid of any evidence

    Cited 5 timesPublished
  • Y and J Properties, Ltd. v. United States

    United States Court of Federal Claims · Sep 22, 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
  • Brooks v. United States

    88 Fed. Cl. 141 · United States Court of Federal Claims · Jul 6, 2009

    Plaintiff contended that a recently-adopted criterion for promotion that evaluated candidates by ranking them in quartiles at an agency-level unjustly favored less qualified candidates from smaller agencies. … VanLandingham, recommended “that no relief be gra[n]ted for failure to establish that a harmful error and injustice occurred.”

    Cited 1 timesPublished
  • Sandwich Isles Communications, Inc. v. United States

    United States Court of Federal Claims · Oct 11, 2019

    Standard of Review This Court’s jurisdiction is primarily defined by the Tucker Act, which waives the sovereign immunity of the United States for claims not sounding in tort that are founded upon the Constitution … In determining whether a statutory scheme displaces Tucker Act jurisdiction, a court must “examin[e] the purpose of the [statute], the entirety of its text, and the structure of review that it establishes.” Id.

    Cited 0 timesPublished
  • Sergent's Mechanical Systems, Inc. v. United States

    United States Court of Federal Claims · Apr 15, 2022

    The plaintiff “has the burden of establishing jurisdiction by a preponderance of the evidence.” Fid. & Guar. Ins. Underwriters, Inc. v. United States, 805 F.3d 1082, 1087 (Fed. Cir. 2015). … Accordingly, to the extent SMSI generally seeks enforcement of OSHA regulations — even assuming such a claim could qualify as a valid Tucker Act claim — that path does not run through this Court because jurisdiction lies

    Cited 0 timesUnpublished
  • Mousilli v. United States

    United States Court of Federal Claims · Sep 30, 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
  • Brown v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 13, 2026

    The treater wrote that Petitioner “received flu immunization L shoulder on 9/17/20, developed pain subsequently near region of injection. No improvement with rest and 2 weeks Naproxen therapy.” Id. … Id. at 1. 6 In summary, a petitioner must establish that she 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

    Cited 0 timesUnpublished
  • Bice v. United States

    84 Fed. Cl. 173 · United States Court of Federal Claims · Oct 3, 2008

    Federal courts clearly contemplate that an EAJA Application may, and in fact should, be filed in the court which entertained the merits of the underlying claim. … Plaintiff therefore qualifies as a “prevailing party’ under the EAJA. The Government does not dispute this point. 2.

    Cited 2 timesPublished
  • Lightbox Parent, L.P. v. United States

    United States Court of Federal Claims · Sep 14, 2022

    This language clearly encompasses the Proviso 1 limitation that the FCC could not reverse engineer the Black Knight data. … CostQuest clearly included a prohibition on reverse engineering in its proposed license to the FCC.

    Cited 0 timesPublished

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