Case law

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  • Datamill, 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 timesPublished
  • Letko v. United States

    United States Court of Federal Claims · May 1, 2025

    Letko is advised that he is likely to qualify for the good-faith exception provided that he meets certain conditions going forward. I. Relevant Facts A. … The amended complaint clearly relates back to the original. It does not change the substance of the allegations whatsoever, and the government must have known that TMP Mr.

    Cited 0 timesPublished
  • Petri v. United States

    104 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
  • SANCHEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

    United States Court of Federal Claims · Mar 18, 2026

    by establishing a factor unrelated. … Bradley’s testimony was clearly reasonable given the dramatic nature of the symptoms claimed, the close medical attention that had been focused on Rachel since the time of her birth . . . and Mrs.

    Cited 0 timesUnpublished
  • Mendu v. United States

    United 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 timesPublished
  • Beres v. United States

    104 Fed. Cl. 408 · United States Court of Federal Claims · Apr 5, 2012

    According to plaintiffs, “[t]his language clearly and objectively manifests a single purpose of using the easement to operate a railroad. … The State of Washington Court of Appeals has stated: The requirements to establish a prescriptive easement are the same as those to establish adverse possession.

    Cited 14 timesPublished
  • Gadsden Industrial Park, LLC v. United States

    United States Court of Federal Claims · May 18, 2018

    This is clearly a limitation on what was not excluded. As a limitation on the excluded materials it would be useless language. … He based his cost figures on the assumption that the agreement between plaintiff and Watkins would have been performed, i.e., that plaintiff would only have to pay $70 per ton for qualifying materials and that qualifying

    Cited 0 timesPublished
  • Charter Federal Savings Bank v. United States

    67 Fed. Cl. 759 · United States Court of Federal Claims · Aug 31, 2005

    Initially, FIRREA allowed thrifts to count “qualifying supervisory goodwill” toward half of the core capital requirements, but this accommodation was phased out by 1995. … To establish the defense of misrepresentation, the Government must allege facts sufficient to establish that: (1) there was a misrepresentation; (2) the misrepresentation was either fraudulent or material; (3) the misrepresentation

    Cited 0 timesPublished
  • Ryco Construction, Inc. v. United States

    55 Fed. Cl. 184 · United States Court of Federal Claims · Dec 23, 2002

    According to defendant, these cost overruns establish the unreasonableness of plaintiffs costs, defeating the third element. Id. … Additionally, the Federal Circuit has noted that a contractor can have some excess bonding capacity and still qualify for Eichleay damages. All State, 146 F.3d at 1375 .

    Cited 11 timesPublished
  • Newimar, S.A. v. United States

    United States Court of Federal Claims · May 19, 2022

    The offeror was also required to include a narrative “that clearly demonstrates that the affiliates/subsidiaries . . . will have meaningful involvement in this contract.” Tab 50 at AR 10725. … The Navy clearly performed the best-value analysis required by the Revised Solicitation and the FAR.

    Cited 0 timesPublished
  • Bailey v. United States

    52 Fed. Cl. 105 · United States Court of Federal Claims · Mar 13, 2002

    Statutory Amendment The court relies on well-established canons of statutory construction in construing the amended § 7121(a)(1) of the CSRA. … It is not the task of the court to rewrite the statute by emphasizing the word that qualifies “administrative,” or by reading it out of the statute entirely because it conflicts with the goals of the original statute.

    Cited 14 timesPublished
  • Estes Express Lines v. United States

    United States Court of Federal Claims · Aug 8, 2017

    The Federal Circuit has held that the effect of finding privity of contract is to find a waiver of sovereign immunity. … The effect of finding privity of contract is to find a waiver of sovereign immunity.

    Cited 0 timesUnpublished
  • Woodies Holdings, L.L.C. v. United States

    United States Court of Federal Claims · Jun 13, 2019

    Brun was qualified by the court as an expert in forensic accounting and economic damage analysis. Tr. 1604. Ms. … Defendant believes this factor is clearly established by the testimony of Mssrs.

    Cited 0 timesPublished
  • J & D Maintenance & Services v. United States

    45 Fed. Cl. 532 · United States Court of Federal Claims · Dec 28, 1999

    Two errors in the paper record, or even in the evaluation process, hardly qualify as meeting this evidentiary burden. Andersen Consulting v. … As the regulation cited above clearly states, the determinations of advisory boards and panels are only for purposes of recommendations. The SSA makes the final decision.

    Cited 10 timesPublished
  • Redland Co. v. United States

    97 Fed. Cl. 736 · United States Court of Federal Claims · Apr 7, 2011

    The parties thus clearly recognized what the contract established: performance commenced, not when the notice to proceed issued, but when work actually began. *748 Plaintiff points to no facts, and the court can find none … The excess asphalt allegedly encountered by plaintiff would appear to qualify as a “subsurface or latent physical conditions at the site which differ[ed] materially from those indicated in this contract,” FAR 52.236-2(a).

    Cited 30 timesPublished
  • Clark v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 20, 2025

    The vaccine consent and administration record contains signatures from Petitioner and the immunizing pharmacist, as well as pre-printed information about the 3 Petitioner did not take her opportunity to file a Reply. … in the United States and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of his injury for more than six months, died from his injury, or underwent a

    Cited 0 timesUnpublished
  • Ybanez v. United States

    98 Fed. Cl. 659 · United States Court of Federal Claims · May 20, 2011

    Such a use would be “clearly different” from railway operations. Preseault v. United States, 100 F.3d at 1542 . … Biscamp, 441 S.W.2d 524, 526 (Tex.1969) (noting that the rule is “well-established” in Texas). By application of the Texas Rule, if Mrs.

    Cited 8 timesPublished
  • Williams v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jul 28, 2025

    Overall Fact-Finding Framework Petitioner bears the burden of establishing her claims by a preponderance of the evidence. § 13(a)(1). … Chen documented “septic shock”, with the immunization site on petitioner’s left deltoid as a possible source of cellulitis. Id. at 937.

    Cited 0 timesUnpublished
  • Wanker v. United States

    United States Court of Federal Claims · Jan 31, 2020

    When the accused patent infringer is the United States, the action is brought under 28 U.S.C. § 1498, which waives the government’s sovereign immunity for claims of patent infringement. Zoltek Corp. v. … challenging the validity of an issued patent, the alleged infringer must overcome the statutory presumption of validity. 2 Issued patents receive the benefit of a “presumption recogniz[ing] the deference that is due to a qualified

    Cited 0 timesPublished
  • Nuttall v. Secretary of Health and Human Services

    United States Court of Federal Claims · Feb 18, 2015

    Shuman clearly takes issue with Dr. … Normally the zone is still thin until the 4th decade, but it clearly becomes thicker and tougher with each decade.” (Id., p. 13.) Thus, Dr.

    Cited 0 timesUnpublished

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