Case law

Opinions from 1658 to today.

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  • 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. .

    Cited 6 timesPublished
  • 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

    Cited 1 timesPublished
  • Fort Carson Support Services v. United States

    71 Fed. Cl. 571 · United States Court of Federal Claims · Jun 19, 2006

    But in the evaluation process established for this procurement, the elements matter. … But in the discussions, the Army clearly explained, “you have to establish in your proposals that the numbers and types of people that you propose correlate accurately to the method and means you propose for performing this

    Cited 86 timesPublished
  • Tech Systems, Inc. v. United States

    98 Fed. Cl. 228 · United States Court of Federal Claims · May 11, 2011

    aside agency action, findings, and conclusions found to be — [¶] (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; [¶] (B) contrary to constitutional right, power, privilege, or immunity … The administrative record clearly establishes that the SSA took the “independent assessment” responsibility seriously, and utilized information in the actual proposals in performing his role.

    Cited 105 timesPublished
  • Kansas City Power & Light Co. v. United States

    United States Court of Federal Claims · May 10, 2019

    The undisputed facts establish the dates for each of these events. First, the parties executed a contract on August 19, 2005. … Although 28 U.S.C. § 1491(a) waives sovereign immunity for claims founded on a contract with the United States and arising under the CDA, that waiver does not extend to subrogation claims by an insurer. Ins.

    Cited 0 timesPublished
  • 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.

    Cited 0 timesPublished
  • Golden It, LLC v. United States

    United States Court of Federal Claims · Jul 14, 2025

    Cir. 2019) (holding that the government’s regulatory violation did not “affect[] the outcome of its decision” and thus the “Court of Federal Claims did not clearly err in finding that [plaintiff] failed to establish prejudicial … Sure, this Court can imagine a solicitation containing a clearly objective key personnel requirement subject to a binary evaluation.

    Cited 0 timesPublished
  • Desert Sunlight 250, LLC v. United States

    United States Court of Federal Claims · Nov 2, 2021

    “The ARRA created a temporary program that offered a cash payment in lieu of a tax credit to certain investors for certain qualified investments in clean energy property.” WestRock Virginia Corp. v. … And Plaintiffs have clearly provided enough information to create a factual dispute as to the fair market value of the Facility.

    Cited 0 timesPublished
  • AD Global Fund, LLC ex rel. North Hills Holding, Inc. v. United States

    67 Fed. Cl. 657 · United States Court of Federal Claims · Sep 16, 2005

    AD Global Fund, LLC (“plaintiff’), is a limited liability company established under the laws of the State of Delaware in 1999. … Even if the Commissioner’s statement was clearly in favor of plaintiff-which it is not-this chain of events would be quite attenuated.

    Cited 16 timesPublished
  • Smelser v. United States

    62 Fed. Cl. 768 · United States Court of Federal Claims · Nov 2, 2004

    Also, the contractual language “determined to be excess by DOE” qualifies the term “equipment,” and, therefore, “equipment” is not the relevant term at issue. … exceptional circumstances exist: (1) the evidence in a subsequent trial is substantially different; (2), controlling authority has since made a contrary decision of the law applicable to the issues; or (3) the earlier ruling was clearly

    Cited 0 timesPublished
  • Gemini Tech Services, LLC v. United States

    United States Court of Federal Claims · Sep 18, 2025

    The D&F and the supporting Mission Impact Statement clearly set forth the significant adverse impact of staying performance. See generally AR, Tabs 19, 21. … The Army clearly stated that “[a]ll alternatives to the CICA override have been considered, but . . . none are determined to be reasonable.”

    Cited 0 timesUnpublished
  • Harris v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 2, 2018

    A.H. received the flu immunization on January 27, 2014. 3. The vaccine was administered within the United States. 4. … There is absolutely no agreement on the part of the 8 parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly

    Cited 0 timesUnpublished
  • Charles J. Monzo v. United States

    United States Court of Federal Claims · Nov 27, 2013

    Plaintiff has the burden of establishing subject matter jurisdiction. McNutty v. Gen. Motors Acceptance Corp. Of Ind., 298 U.S. 178, 189 (1936). … a showing that the plaintiff qualifies for that payment by satisfying designated statutory or regulatory requirements.”

    Cited 0 timesUnpublished
  • Rodriguez v. United States

    69 Fed. Cl. 487 · United States Court of Federal Claims · Jan 30, 2006

    Plaintiffs have the burden of establishing the court’s subject matter jurisdiction over their respective claims. See *491 McNutt v. … Rodriguez has not satisfied the requirements for establishing a third-party beneficiary status.

    Cited 13 timesPublished
  • Yankee Atomic Electric Co. v. United States

    73 Fed. Cl. 249 · United States Court of Federal Claims · Sep 30, 2006

    And, clearly you wouldn’t do it if fuel was being removed from the site. There wouldn’t be a need to, if you will. (Tr. 2328 (Bennett).) … Bennet was previously employed in the nuclear industry and was qualified to testify. (Tr. 1533.)

    Reversed in part, on other grounds by Yankee Atomic Electric Co. v. United States, 536 F.3d 1268 (2008)Cited 32 timesPublished
  • Blue Cross & Blue Shield United v. United States

    71 Fed. Cl. 641 · United States Court of Federal Claims · Jun 29, 2006

    The plaintiff in this case argues that the extrinsic evidence establishes that paragraph 3(e) must be construed to permit BCW to restate its 1987 opening reserve based on actual claims paid data for 1987. … In this case, BCW clearly communicated to Mr.

    Cited 3 timesPublished
  • M. v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 23, 2023

    Guillain-Barré Syndrome GBS “is an immune-mediated polyneuropathy characterized by an acute onset of symptoms progressing over a few days to weeks followed in most patients by a progressive recovery.” Pet. … Sheikh references medical literature that he asserts establish two propositions.

    Cited 0 timesPublished
  • Mills v. United States

    United States Court of Federal Claims · Feb 28, 2020

    Cl. 771, 779 (2000), wherein this court rejected the government’s argument that recreational trail use and railbanking qualified as railroad purposes. … A categorical taking deprives a roadway for the transportation of persons, the nature of the usage is clearly different.

    Cited 0 timesPublished
  • Intelligent Waves, LLC v. United States

    United States Court of Federal Claims · Dec 19, 2017

    Deeks, A (Qualified) Defense of Secret Agreements, 49 Ariz. St. L.J. 713, 741 (2016). … Yellow Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach

    Cited 0 timesPublished
  • Anham Fzco v. United States

    United States Court of Federal Claims · Sep 20, 2019

    The ISO 22000:2005 certificates qualified KGL General Trading to provide food safety management for the procurement, transportation, receiving, storage, and dispatch of 17 wholesale … Plaintiff argues that DLA’s responsibility determination failed to adequately establish that KGL meets three of those requirements.

    Cited 0 timesPublished

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