Case law
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52 Fed. Cl. 374 · United States Court of Federal Claims · Apr 18, 2002
The six-year limitation is “an ‘express limitation on the Tucker Act’s waiver of sovereign immunity.’” Franconia Assocs. v. United States, 240 F.3d 1358, 1362 (Fed.Cir.2001) (quoting Hart v. … The key date for accrual purposes is that date on which plaintiffs property “has been clearly and permanently taken.” Boling v. United States, 220 F.3d 1365, 1370 (Fed.Cir.2000).
Cited 16 timesPublished83 Fed. Cl. 594 · United States Court of Federal Claims · Sep 18, 2008
Specifically, though the boundaries of the Niakuk area were not set at the time the lease was executed, it was clearly separate from the Lisburne PA. … established in December 2007, now encompasses both the former Niakuk PA and the former West Niakuk PA.
Cited 13 timesPublishedComprehensive Health Services, Inc. v. United States
70 Fed. Cl. 700 · United States Court of Federal Claims · May 31, 2006
The Federal Acquisition Regulations specifically require that the agency “establish a common cut-off date” for receipt of final proposal revisions. 48 C.F.R. § 15.307 (b) (“The contracting officer is required to establish … This demonstrated Wyle’s assurance that these critical positions will be staffed with qualified personnel.
Cited 10 timesPublished91 Fed. Cl. 412 · United States Court of Federal Claims · Jan 15, 2010
The Tucker Act waives sovereign immunity in all actions brought in this court “founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract … Northrop Grumman, 535 F.3d at 1345 , that “the language used in a contract to incorporate extrinsic material by reference must explicitly, or at least precisely, identify the written material being incorporated and must clearly
Cited 39 timesPublished94 Fed. Cl. 637 · United States Court of Federal Claims · Aug 30, 2010
Cl. 467, 471 (2004) (“The ‘in lieu of language in section 609(a) clearly indicates that the contractor has a choice of forums but does not allow the contractor to pursue its claims before both forums.” … At this point in time, under the rule established in the United States Supreme Court in United States v.
Reversed in part, on other grounds by Nwogu v. United States, 497 F. App'x 952 (2012)Cited 7 timesPublished120 Fed. Cl. 772 · United States Court of Federal Claims · Apr 17, 2015
The Tucker Act waives sovereign immunity, authorizing a claimant to sue the United States for monetary damages. United States v. Mitchell, 463 U.S. 206, 212 (1983). … member, retire the member, or transfer the member to the Fleet Reserve, Fleet Marine Corps Reserve, or inactive Reserve under any other law if, under that law, the member-- (i) applies for and qualifies
Cited 5 timesPublished210 Earll, L.L.C. v. United States
77 Fed. Cl. 710 · United States Court of Federal Claims · Nov 21, 2006
United States, 70 Fed.Cl. 700, 715 (2006) (emphasis in original). 210 Earll clearly satisfies the first requirement. … It converted the award decision to a price-only evaluation among technically qualified offerors.
Cited 15 timesPublishedE-Numerate Solutions, Inc. v. United States
United States Court of Federal Claims · Aug 7, 2020
] the deference that is due to a qualified government agency presumed to have performed its job correctly. … In University of Florida, the patentee’s arguments failed to establish any “specific improvement to the way computers operate.” Id.
Cited 0 timesPublishedRoscoe v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 6, 2020
“is being transferred . . . for follow up care . . . for a possible allergic reaction to immunizations administered on 03/31/2009,” and “[B.R.] … Mills was asked whether B.R.’s immunizations played any role in the development of her illness, and he testified that it was “highly, highly unlikely.” Id. at 45-46. Dr.
Cited 0 timesPublishedMooney v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 28, 2015
August 2, 2013, why I should not dismiss this case for a failure to establish entitlement to compensation. … Geier clearly lacks the expertise to evaluate the symptomatology of the Table injuries and render an opinion thereon.”). Nevertheless, I authorized the payment of consultant fees to him in Lamar v.
Cited 0 timesPublishedCully Corporation v. United States
United States Court of Federal Claims · Jun 29, 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 timesPublishedUnited States Court of Federal Claims · Apr 7, 2021
These functions clearly extend beyond “general revenue raising” and are more akin to a “regulatory fee.” See Wyodak Resources Dev. Corp., 637 F.3d at 1137. … section 7623(b)(1). 8 Specifically, the Tax Court held that a business’s criminal fine and civil forfeitures qualified as “collected proceeds” from which whistleblower claimants would receive a percentage award.
Cited 0 timesPublishedInternational Industrial Park, Inc. v. United States
80 Fed. Cl. 522 · United States Court of Federal Claims · Feb 22, 2008
Though entering onto HP’s property to apprehend a fleeing illegal alien may not necessarily rise to the level of a taking, using HP’s property as an apprehension base might qualify as such. … The Court will set a conference with counsel for *530 the parties to establish a schedule for further proceedings and trial. IT IS SO ORDERED. .
Cited 7 timesPublishedLucero v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 18, 2026
Napoli explained vaccines are meant to stimulate an immune response. Id. at 4. … He noted that the terms GBS and CIDP were used “imprecisely” in the medical records but that “the forms of treatment prescribed are clearly those used in CIDP rather than GBS.” Id. at 9.
Cited 0 timesUnpublishedBarker v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 6, 2018
Unlike the hepatitis B vaccine which is routinely administered to children, Zostavax is for immunization against varicella zoster (shingles) and is only administered to adults. … The medical records in this case do not establish causation. Petitioner also filed expert reports from Drs. Judy Mikovits and Francis Ruscetti.
Cited 0 timesUnpublishedAnalytical Graphics, Inc. v. United States
United States Court of Federal Claims · Dec 12, 2017
Rather, all of hardware listed in the PWS is clearly commercial hardware.” Protestor also Palantir USG, Inc. v. United States, 129 Fed. Cl. at 270-71. … And on this issue, the contracting officer was clearly correct.”
Cited 0 timesPublishedRoss-Hime Designs, Inc. v. United States
United States Court of Federal Claims · Nov 17, 2020
Section 1498 serves as a limited waiver of sovereign immunity and, therefore, must be construed narrowly. Liberty Ammunition, Inc. v. United States, 835 F.3d 1388, 1394 n.3 (Fed. Cir. 2016); see also Leesona Corp. v. … Clearly, the upward or downward motion of the linear actuator causes the flexible tape to move, at least partially, in a straight-line motion.
Cited 0 timesPublishedDatamill, Inc. v. United States
91 Fed. Cl. 722 · United States Court of Federal Claims · Mar 23, 2010
Pl.’s Mot. 3 (asserting that discovery is needed in order “to establish the depth of a Northrop Grumman organizational conflict of interest”). … Federal Rule of Evidence 702 states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge
Cited 25 timesPublishedUnited States Court of Federal Claims · Jan 22, 2025
Prior to qualifying for disability retirement, she previously worked for the DoC, the DoL, and the DoD. See ECF 21 at 1, 12, 20. … White Mountain Apache Tribe, 537 U.S. 465, 472-73 (2003) (explaining that “a statute creates a right capable of grounding a claim within the waiver of sovereign immunity if, but only if, it can fairly be interpreted as mandating
Cited 0 timesUnpublished104 Fed. Cl. 537 · United States Court of Federal Claims · May 18, 2012
Petri clearly has mental health problems, the validity of the conclusion of this examination is reduced due to a number of factors. … According to DoDI 1332.38, paragraph E3.P7.5.1, plaintiff also was not qualified for permanent disability retirement.
Cited 12 timesPublished
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