Case law

Ruttenburg v. United States

65 Fed. Cl. 43 · United States Court of Federal Claims · Mar 25, 2005

She advised that if I moved to Alaska and took a job with Maniilaq, I would be approved for loan repayment provided two conditions occurred first: first, that the Maniilaq Association would be deemed to be a qualified site … This provision alone prevents enforcement of an oral contract purporting to establish Plaintiffs participation in the *49 IHSLRP.

Government Technical Services LLC. v. United States

90 Fed. Cl. 522 · United States Court of Federal Claims · Dec 29, 2009

Any waiver of sovereign immunity by the government must be “strictly construed in favor of the United States.” Ardestani v. INS, 502 U.S. 129, 137 , 112 S.Ct. 515 , 116 L.Ed.2d 496 (1991). … The plaintiffs in Distributed Solutions established that their case was within the court’s bid protest jurisdiction because they were “prospective bidders [who] ... submitted qualifying proposals ... and ... were prepared

Marsh & McLennan Companies, Inc. v. United States

50 Fed. Cl. 140 · United States Court of Federal Claims · Aug 6, 2001

Sovereign immunity Defendant inveighs that sovereign immunity prohibits an award of interest on the overpayment in this ease, reciting the well-settled rule that “[i]n the absence of express congressional consent to the award … of interest separate from a general waiver of immunity to suit, the United States is immune from an interest award.”

Harmonia Holdings Group, LLC v. United States

United States Court of Federal Claims · Oct 9, 2019

Thus, in addition to establishing that it would have competed for the sole-source bridge contract, a protestor must also “show that it would have been a qualified bidder.” … Cl. at 724 (A protestor’s “status as a qualified bidder that had a substantial chance of contract award in a hypothetical competitive procurement may be established by material before the agency at the time of the sole-source

Martin v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 8, 2020

McCusker was a far more qualified immunologist than Dr. Levin, and provided testimony I found significantly more persuasive. See also Copenhaver v. … He ultimately could not ground his opinion in sufficient reliable scientific or medical evidence establishing the pathologic role of innate immune system-upregulated cytokines in the context of SUDC.

Heller v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 3, 2023

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 … Steinman further opined: “Onset of significant deterioration occurred within about 3 weeks after the Pentacel immunization or four weeks from the influenza and Prevnar 13 immunizations.”

Tullio v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 22, 2020

Tullio had established prong one, he would have also established prong three.” Id. As a result of his review of the record before him Special Master Moran denied petitioner’s claim for compensation. … Petitioner also argues that petitioner would not have qualified for the Ray study because “Petitioner was too old.” The Camilla Bengtsson, Meliha C.

Digital Technologies, Inc. v. United States

89 Fed. Cl. 711 · United States Court of Federal Claims · Dec 9, 2009

Yet the court cautioned that the principles of sovereign immunity and the need for government discretion require that the language of the contract clearly exhibit an intent on the part of the parties to bind themselves; general … To qualify, the defense “has to be clearly indicated and must appear on the face of the pleading to be used as the basis for the motion.” Id.; see also Richmond, Fredericksburg & Potomac R.R. Co. v.

Dudenhoeffer v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 11, 2016

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 … At the outset, Respondent claimed, Petitioner failed to sufficiently establish the nature of K.T.’s alleged injury. Id. at 13.

Rodriguez v. Secretary of the Department of Health & Human Services

34 Fed. Cl. 57 · United States Court of Federal Claims · Aug 14, 1995

Testimony from Senate committee hearings provides: To the extent that victims choose the legislative [compensation] route, the vaccine-injury costs, such as medical, education, and training expenses for immunization victims … Petitioners must therefore show that the criteria established by the Vaccine Act have no rational basis.

Apuzzo v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 2, 2025

Consequently, like in Lombardi, “[i]n the face of such extreme disagreement among well-qualified medical experts . . . it was appropriate for the special master to first determine what injury, if any, was supported by the … causation due to immunization.

Allard v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 3, 2020

Gershwin clearly accepted that petitioner had developed ITP prior to her allegedly causal HPV vaccine. Resp. Ex. D at 2 (citing Pet. Ex. 134 at 3). Dr. … Forsthuber explained that pregnancy alone can impact a woman’s immune system and “represents a significant disturbance to the immune homeostasis and challenge to immune tolerance mechanisms.” Resp. Ex. A at 6.

Davis v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 10, 2014

In order to receive compensation, the petition must be supported by either medical records or by the opinion of a qualified physician proving a causal relationship. See § 300aa- 13(a)(1). … Burris further stated that antigens, which are foreign substances that cause an immune response, elicit the production of antibodies, and that “[v]accinations are specifically designed to elicit this immune response resulting

Dubsky v. United States

98 Fed. Cl. 703 · United States Court of Federal Claims · Jun 16, 2011

Discussion As sovereign, the United States is immune from suit except to the extent it consents othei-wise and any statutory waiver of sovereign immunity will be strictly construed. See Collins v. … A waiver of sovereign immunity to permit a suit for money damages and confer jurisdiction upon a court must be explicit. Id.

Clean Fuel Llc v. United States

110 Fed. Cl. 415 · United States Court of Federal Claims · Apr 26, 2013

Plaintiff believes that the generator sets qualified as “specified energy property” under the complex statutory scheme. … “demands a showing demonstrably lower than the standard for the initial waiver of sovereign immunity”).

Palattao v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2019

In most cases, the production of proinflammatory cytokines after vaccination is perfectly harmless and actually aids the immune system in establishing immunity against a particular disorder that the vaccine is intended to … Kinsbourne for the most part explained his theory clearly, but lacked the personal expertise (whether from research into the innate immune system, or the recent treatment of TM) that could have given Petitioners’ causation

Sanchez v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 5, 2022

Nahm had reliably established that a pertussis infection (as opposed to the vaccine) could stimulate one part of the immune system associated with CIDP’s pathogenesis—but not that the stimulated T-helper cells responding … Certainly he offered reliable literature, like Mathey and Ross, establishing that these immune cells promote a healthy adaptive response to pertussis vaccines.

MCLAUGHLIN v. United States

United States Court of Federal Claims · May 19, 2025

“Exemption criteria must be narrowly construed to apply only to those employees who are clearly within the terms and spirit of the exemption.” Id. § 551.202(b). … The Plaintiffs’ Primary Duty of “Watch” Does not Qualify for an Administrative Exemption.

Northrop Grumman Computing Systems, Inc. v. United States

99 Fed. Cl. 651 · United States Court of Federal Claims · Jun 23, 2011

The plaintiff must establish that the court has subject matter jurisdiction over its claims. Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988); Klamath Tribe Claims Comm. v. … While that section allows for assignments to a “financing institution of money due or to become due under a contract,” 31 U.S.C. § 3727 (e), and ESCgov arguably qualifies as such an institution, Northrop admits that it did

Carraggio v. Secretary of Department of Health & Human Services

38 Fed. Cl. 211 · United States Court of Federal Claims · May 21, 1997

It usually occurs *220 within 12 hours after an immunization. No such event is described in the mother’s testimony. Report of Dr. … This Court rejects that contention, however, as clearly contrary to Dr. Guggenheim’s opinions in her written report. See Report of Dr. Guggenheim at 3-4. .