Case law

Board of Regents of the Nevada System of Higher Education v. United States

132 Fed. Cl. 435 · United States Court of Federal Claims · Jul 5, 2017

These concessions were wise, as this protest argument has clearly been waived under Blue & Gold Fleet. … Plaintiff contends that necessary information was not provided along with the solicitation materials, and the importance of its absence was established prior to the deadline for submitting proposals --- when requests for

Beres v. States

64 Fed. Cl. 403 · United States Court of Federal Claims · Mar 16, 2005

In enacting these statutes, Congress clearly felt that it had some retained interest in railroad rights-of-way. … Additionally, the 1864 Act clearly gave the Northern Pacific Railroad Company patents to the land over which the company built its railway.

Graphicdata, LLC v. United States

41 Cont. Cas. Fed. 77,110 · United States Court of Federal Claims · May 9, 1997

Groeber, who had alerted his fellow IFB(I) pre-award survey team members of NPC’s deficiencies, and all other PTO employees from the IFB(II) pre-award survey team; and (4) GPO’s pre-award survey team for IFB (II) was not qualified … which are relevant to its final decision; (3) when an agency considered evidence which it failed to include in the record; (4) when a case is so complex that a court needs more evidence to enable it to understand the issues clearly

Abbey v. United States

106 Fed. Cl. 254 · United States Court of Federal Claims · Jun 12, 2012

Where plaintiffs were receiving paychecks that did not properly compensate them for overtime hours worked in accordance with the FLSA, and where plaintiffs clearly knew the FAA’s policies with respect to credit hours and … The court qualified Dr. Lanier as an expert in "[t]ak-ing raw pay data and performing back-pay calculations based on instructions from counsel.” Tr. 230:24-231:6 (the court). Mr.

Austin v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 2, 2021

but reasonable basis must be established to qualify for an award in the first place. 2 preponderant standard applied when assessing entitlement, as cases that fail … And the overall vagueness of such record proof means that witness affidavits and declarations could help fill in gaps or expand on topics not clearly otherwise established.

Halbrook v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 30, 2021

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 … Spec. 3 from a qualified expert, petitioner duly retained Dr. Cestari. Upon reviewing the case, Dr.

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.

Iap Worldwide Services, Inc. v. United States

United States Court of Federal Claims · Apr 5, 2022

The other four offerors qualified for consideration. … Cir. 2015) (“[A]ll a protester must establish to demonstrate prejudice is that it has a substantial chance of receiving the contract—that it is a qualified bidder and could compete for the contract.” (emphasis added)).

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

Aircraft Charter Solutions, Inc. v. United States

109 Fed. Cl. 398 · United States Court of Federal Claims · Mar 8, 2013

Here, plaintiff bears the burden of establishing jurisdictional timeliness, and the burden of establishing “accrual suspension” of its claim, by a preponderance of the evidence. See, e.g., Young v. … The Contractor shall provide mission capable aircraft and mission qualified crews to perform the transportation mission. AR at 171.

Unitedhealth Military & Veterans Services, LLC v. United States

United States Court of Federal Claims · Jul 10, 2017

contract, qualified, experienced key personnel.” … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).

Grand Acadian, Inc. v. United States

87 Fed. Cl. 193 · United States Court of Federal Claims · May 29, 2009

The parties were clearly focused on the condition of the Property at the end of the Lease term. The provision is not boilerplate. … Jones is not a ‘putative’ expert, but is, in fact, well qualified to give expert opinion as to the condition of the soil at the [Grand Acadian] property.” Pl.’s Reply 15. According to plaintiff, Mr.

Advanced Concepts Enterprises, Inc. v. United States

United States Court of Federal Claims · Sep 2, 2015

The PWS also specified that the personnel responsible for simulator operations support are “exercise directors” and “simulator operators,” so individual simulator operators must be qualified to work in any of the three classes … Later, in an undated10 corrective action technical evaluation, the Government concluded that “Sonoran clearly outlined in their technical proposal how they intended to meet the minimum PWS requirements of the 15 courses,”

Grow v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 15, 2020

Petitioner wrote that his sports injury prior to the vaccination in question was “related to [his] left side, which is clearly indicated in [his] medical records.” Id. at 1 (emphasis in original). … To establish entitlement to compensation under the Program, a petitioner is required to establish each of the three prongs of Althen by a preponderance of the evidence. See id.

Doherty v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 1, 2020

For example, after counsel established communication with Dr. … He cites to a hospital record which provides that Tdap was ordered “prior to discharge for non-immune patients only.” Pet. Ex. 25 at 2.

Barrett v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 3, 2014

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 … First, the hourly rate in the attorney’s local area must be established. Second, the hourly rate for attorneys in Washington, D.C. must be established.

Lambro v. United States

United States Court of Federal Claims · Feb 27, 2026

First, Plaintiff asserts that an issue should qualify as a “controlling question of law” if it may impact some litigation, somewhere, at some point. … See Smith, 5 F.4th at 703 (“We leave for another day the question whether the statute requires that written consent to be in a separate document, or if instead it is enough if the complaint itself clearly indicates the intent

Intelligent Investments, Inc. v. United States

United States Court of Federal Claims · Sep 15, 2025

As justification for the costs, Plaintiff further argues that such work was necessary to further the T4C claim because, “had Gonzales been convicted of the charges in the indictment[,] he would clearly have been barred from … Not only has Plaintiff failed to cite any legal authority for the proposition that work performed for a “dual purpose” qualifies for reimbursement, see id., but as outlined above, the FAR requires that fees recovered be “

Scott v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 22, 2024

Specifically, Petitioner asserted that her injury qualifies as a successful Table SIRVA claim and/or a causation-in-fact shoulder injury claim. Id. Petitioner first addressed her Table SIRVA claim. Id. at 13. … He referenced Petitioner’s complaints to treaters and her statements filed in this case as evidence of a localized immune response. Dr.

Bank United of Texas FSB v. United States

50 Fed. Cl. 645 · United States Court of Federal Claims · Oct 29, 2001

However, since the pre-FIR-REA ratio was a percentage of qualifying liabilities and the post-FIRREA ratio was a percentage of qualifying assets, the damages window was extended to the end of 1992 to take into account the … Plaintiffs clearly had significant expertise in the wholesale mortgage markets. L. Ra-nieri helped to create the secondary mortgage market while at Salomon Brothers. Tr. 181-203 (L. Ranieri).