Case law

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  • Beach v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 19, 2022

    I cautioned that any physician statements regarding causation should clearly indicate that the treating physician has reviewed all relevant medical records before reaching any conclusion. Id. … If a petitioner establishes that the vaccinee has suffered a “Table Injury,” causation is presumed.

    Cited 0 timesUnpublished
  • Western Shoshone Identifiable Group v. United States

    United States Court of Federal Claims · Feb 8, 2022

    Starks testified that securities with a maturity between five to ten years “don’t have a real definition,” and that “[t]o me, it’s between what’s clearly intermediate and what’s clearly long term.” … established by a notice published in the Federal Register.

    Cited 0 timesPublished
  • Hilaire v. United States

    United States Court of Federal Claims · Apr 11, 2022

    Therefore, Plaintiff cannot qualify as an “employee” under the FLSA in this action. … That is all that is necessary to establish the Court’s jurisdiction.

    Cited 0 timesUnpublished
  • Lasalle Talman Bank v. United States

    64 Fed. Cl. 90 · United States Court of Federal Claims · Feb 8, 2005

    The Federal Circuit has also cautioned that, when a “reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Cal. Fed. … Throughout the foregone-asset period, thrifts had to maintain a 5% leverage ratio in order to qualify as a well-capitalized institution.

    Cited 14 timesPublished
  • Waverley View Investors, LLC v. United States

    United States Court of Federal Claims · Jan 5, 2018

    Cir. 2009) (“The Tucker Act waives sovereign immunity and provides jurisdiction for certain types of claims, including . . . where there is a money-mandating provision on which the plaintiff may base its recovery. … The CGS-installed monitoring wells are clearly visible, and project several feet above ground. PX 88 at A-14 (Image 7).

    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
  • 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
  • Rogers v. United States

    93 Fed. Cl. 607 · United States Court of Federal Claims · Jun 28, 2010

    This language in no way qualifies or limits the property inter *622 ests the parties intended to convey. … A portion of the corridor was established prior to this relocation.

    Cited 28 timesPublished
  • Oak Environmental Consultants, Inc. v. United States

    77 Fed. Cl. 688 · United States Court of Federal Claims · Aug 6, 2007

    Defendant argues that the plaintiff cannot establish the elements of a breach of contract, nor can plaintiff establish entitlement for damages using the Eichleay formula. … Nolan Red-ding of your ROICC office clearly states that we were held on indefinite standby, that we could be recalled at any time.

    Cited 3 timesPublished
  • Principal Mutual Life Insurance Co. & Subsidiaries v. United States

    48 Fed. Cl. 52 · United States Court of Federal Claims · Oct 17, 2000

    Short-term reserves correspond to a well established and certain liability. Thus, short-term interest reserves qualify as tax reserves. … Income tax deductions are “a matter of legislative grace and ... the burden of clearly showing the right to the claimed deduction is on the taxpayer.” INDOPCO v.

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

    United States Court of Federal Claims · Feb 8, 2021

    “He is drastically more qualified than your typical physical therapist, and I trusted him more than just some random physical therapist at the hospital.” Tr. 99. … Applicable Legal Standard Petitioner bears the burden of establishing her claims by a preponderance of the evidence. § 13(a)(1).

    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
  • Eden Isle Marina, Inc. v. United States

    89 Fed. Cl. 480 · United States Court of Federal Claims · Aug 28, 2009

    Although the work-product doctrine “is distinct from and broader than the attorney-client privilege,” Nobles, 422 U.S. at 238 n. 11, 95 S.Ct. 2160 , the protection afforded to work product is qualified, In re Seagate Tech … The memorandum clearly was prepared by a client requesting a legal opinion from its attorney.

    Cited 46 timesPublished
  • Reinhardt v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 9, 2021

    Petitioner “bears the burden of establishing the hours expended” and the reasonableness of the requested fee award. Wasson, 24 Cl. Ct. at 484. … Akbari is an active researcher in the field of immune tolerance in triggering an autoimmune disease. Tr. at 14. Despite Dr.

    Cited 0 timesUnpublished
  • Waverley View Investors, LLC v. United States

    United States Court of Federal Claims · Jan 5, 2018

    Cir. 2009) (“The Tucker Act waives sovereign immunity and provides jurisdiction for certain types of claims, including . . . where there is a money-mandating provision on which the plaintiff may base its recovery. … The CGS-installed monitoring wells are clearly visible, and project several feet above ground. PX 88 at A-14 (Image 7).

    Cited 0 timesPublished
  • Land Grantors in Henderson, Union v. United States

    64 Fed. Cl. 661 · United States Court of Federal Claims · Apr 1, 2005

    Also, title to property which is vested in the United States government cannot be returned to the original land owners without Congressional authorization ... the declaration of taking clearly provided for fee simple title … To qualify as a legal claim, the claim must be viable in all respects, i.e., not be barred by the statute of limitations or by some other sovereign immunity defense. See Kanehl v.

    Cited 12 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
  • Stahl v. United States

    United States Court of Federal Claims · Oct 30, 2025

    When the AFBCMR fails to correct an injustice that is clearly presented in the record, it violates 10 U.S.C. § 1552. Id.; see also Yee v. United States, 206 Ct. … Cir. 2004) (mandating the AFBCMR to correct injustices and errors clearly presented in the record); Melendez Camilo v. United States, 642 F.3d 1040, 1044 (Fed.

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

    United States Court of Federal Claims · Sep 20, 2016

    The fee applicant (whether a plaintiff or a defendant) must, of course, submit appropriate documentation to meet “the burden of establishing entitlement to an award.” … Clearly, there was no “reasonable basis” to pursue this aggravation claim to a ruling.

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

    United States Court of Federal Claims · May 30, 2017

    The notation “PROVIDER MTL NURSE FLU,” dated December 1, 2011, likewise fails to establish that any vaccination occurred. … Thus, in light of A.M.’s prior immunization history, it would not have been medically necessary or expected for A.M.’s 2011 influenza vaccination to have included a second dose following her clearly documented November 1,

    Cited 0 timesUnpublished

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