Case law

Crassociates, Inc. v. United States

95 Fed. Cl. 357 · United States Court of Federal Claims · Oct 4, 2010

United States, 92 Fed.Cl. 436, 450 (2010) (“multiple errors might cumulatively establish prejudice”). … This leaves the court with the firm conviction that the combined impact of the errors encountered here clearly prejudiced plaintiff. D.

Apuzzo v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 18, 2024

On August 23, 2021, petitioner established care with a new neurologist, Dr. Dover. (Ex. 153, p. 9.) Dr. … However, case reports show only proximate temporal relationship, which does not establish causation. (Id.) Moreover, Dr.

Lerwick v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 29, 2014

Lerwick had established that she was often giving B.L. … Lerwick has not established that B.L. reasonably requires an attendant 24 hours per day. She has not established that a home health aide for overnight turning is reasonably necessary to prevent bed sores.

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

Inter-Tribal Council of Arizona, Inc. v. United States

United States Court of Federal Claims · Nov 13, 2025

“[N]either the Tucker Act nor the Indian Tucker Act creates substantive rights; they are simply jurisdiction provisions that operate to waive sovereign immunity for claims premised on other sources of law (e.g., statutes … Section 405 of AFLEA establishes how the proceeds will be deposited into the trust accounts and invested. Section 405 is titled “Establishment of the Arizona Indian Trust Funds.”

3rd Eye Surveillance, LLC v. United States

United States Court of Federal Claims · Apr 18, 2019

Relatedly, the court also holds that the plaintiffs are not, and cannot be, immunized from the defendant’s discovery requests in the absence of access to source code and must respond to the various interrogatories and other … Much of their argument relies on the fact that “[p]laintiffs have proffered the testimony of a qualified expert, Joseph McAlexander,” id. at 5, and that the defendants have “offer[ed] nothing to contradict [this] testimony

Greene v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 3, 2018

Rowhani-Rahbar, et al., Biologically Plausible and Evidence–Based Risk Intervals in Immunization Safety Research, 31 Vaccine 271, 271–77 (2012), filed as Ex. 48 (ECF No. 94-4) (“Rowhani-Rahbar”). … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim (which is the kind of claim asserted in this matter), a petitioner must satisfy all three of the elements established

Loutos v. Hhs

United States Court of Federal Claims · Jun 8, 2016

In establishing a reasonable basis for the claim,11 however, a “petitioner must rely on more than speculation.” McKellar, 101 Fed. Cl. at 303-05 (citing Perreira v. … Cl. at 34. 11 Preponderant evidence is not required to establish the reasonable basis of a petitioner’s claim. Chuisano, 116 Fed.

Precision Pine & Timber, Inc. v. United States

72 Fed. Cl. 460 · United States Court of Federal Claims · Sep 19, 2006

In Mann , the court held that the plaintiff was obviously not going to enter a geothermal lease to provide energy for his personal use — clearly, he intended to sell it to third parties. Id. … In Diasonics, the Seventh Circuit held that in order to qualify as a lost volume seller, a plaintiff must establish the following three factors: (1) that it possessed the capacity to make an additional sale; (2) that it would

Brennom v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 13, 2023

but qualifying for a limited exception; suffered the residual effects of her injury for more than six months, died from her injury, or underwent a surgical intervention during an inpatient hospitalization; and has not filed … And the record clearly establishes that Petitioner suffered prior shoulder problems - including a frozen left shoulder in 2000 and osteoarthritis and pain in multiple locations – including her shoulders.

Henningsen v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 4, 2026

Imaging does not always clearly establish TM over infarct or vice versa. In fact, imaging is not likely to identify infarct when performed fairly close in time to an individual’s acute presentation. … Petitioner was clearly experiencing respiratory issues prior to this point. Ex. 5 at 37.

Russian Recovery Fund Limited v. United States

122 Fed. Cl. 600 · United States Court of Federal Claims · Aug 12, 2015

We believe that the evidence clearly establishes that Ms. … He is obviously highly qualified as an accountant and in evaluating financial statements, particularly of hedge funds.

Advanced Aerospace Technologies, Inc. v. United States

122 Fed. Cl. 445 · United States Court of Federal Claims · Jul 29, 2015

Dallas, 493 U.S. 215, 231 (1990) (holding that the burden is on the party seeking to exercise jurisdiction to clearly allege facts sufficient to establish jurisdiction). … It is well-established that patent claims should be viewed in light of the claim language, the specification, and the prosecution history.

Speck v. United States

28 Fed. Cl. 254 · United States Court of Federal Claims · Mar 30, 1993

The basis for this approach has been clearly explained in Tolliver v. … Therefore, the court does not even reach the questions of whether the deductions claimed qualify as ordinary and necessary trade or business expenses. .

Lowe v. United States

79 Fed. Cl. 218 · United States Court of Federal Claims · Nov 15, 2007

The Court rejects defendant’s clearly incorrect assertion that the statute of limitations bars all of plaintiffs claims. … Res judicata operates to maintain the conclusive resolution of disputes, which is “central to the purpose for which civil courts have been established.” Id.

Guardiola v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 6, 2024

Shortly after initiating her claim, Petitioner filed her medical and immunization records, followed by a statement of completion. ECF Nos. 6-7. … The typed entries reflect Petitioner’s immunization history and show she received Tdap and shingles vaccines on July 2, 2018 – but without documenting a site of administration. Ex. 7 at 2.

Iyaz v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 5, 2017

I. received the flu immunization on October 23, 20 12. 3. The vaccine was administered within the United States. 4. Petitioner alleges that Z. … No payments shall be made until petitioner provides respondent with documentation establishing that he has been appointed as the guardian(s)/conservator(s) of Z. I. 's estate; b.

Gabriel G. Rodriguez, as Administrator of the Estate Of, Giavanna Maria Rodriguez, for the Benefit of Gabriel Gene Rodriguez and Jennifer Ann Rodriguez v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2013

Jet listed four factors necessary to establish issue preclusion. One factor is established by a showing that “the determination of the issues was necessary to the resulting judgment.” Jet, 223 F.3d at 1366. … I am without authority to find the Federal Circuit’s denial to be clearly erroneous, and thus need not reach the “manifest justice” argument.

Penna v. United States

United States Court of Federal Claims · Mar 23, 2021

Flooding cases – despite the physical nature of the alleged taking – clearly are not subject to any bright line tests. … Particularly in light of the comparable properties which clearly are mortgage eligible, see PX 131 (Slide 26 of Mr. Hosey’s direct testimony), the Court rejects Mr.

Alozie v. United States

106 Fed. Cl. 765 · United States Court of Federal Claims · Aug 22, 2012

Principally, Plaintiffs failed to establish that any agency supervisor ever directed any of them not to take a meal break. … The Court agreed with the Government, holding “[although the evidence clearly establishes that FBI Headquarters was aware of the operation in advance, plaintiffs have not produced evidence that FBI Headquarters knew in advance