Case law

Lozano v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 30, 2017

’s antigens, and cited literature to support the concept.6 6 Bystander activation occurs when immune system cells that were previously suppressed, or anergic, are broken down by an existing/ongoing immune response to … infection (or an autoimmune response to vaccination), causing immune tolerance created by those cells to similarly be destroyed and thereby allowing the dysregulation of the immune response to continue or expand.

Oasis International Waters, Inc. v. United States

134 Fed. Cl. 405 · United States Court of Federal Claims · Aug 31, 2016

It was, therefore, incumbent upon Oasis to clearly articulate its theory of recovery in its certified claim. … For these reasons, we limited findings of fraud to the $50 million claim that clearly is fraudulent Daewoo Eng’g & Constr. Co. v. United States, 73 Fed.Cl. at 595-96 .

K-Con Building Systems, Inc. v. United States

131 Fed. Cl. 275 · United States Court of Federal Claims · Apr 18, 2017

K-CON’s original [project manager], who was fired for lack of performance, clearly mismanaged the project by [its] own admission.”). … Cl. at 722. 29 The court qualified Mr. Yeskowski and Mr. Unger as experts. Tr. 1005, 1814. 30 The court qualified Mr. Peters and Mr. McGrath as experts.

Exxon Corp. v. United States

33 Fed. Cl. 250 · United States Court of Federal Claims · Apr 11, 1995

The court is unable to extract from the 2,228 sales proffered by Exxon those sales clearly established to be gas sales in the immediate vicinity of the wells. 22 *278 The vastness of Exxon’s sample hindered rather than helped … In neither case does the court clearly define what makes contracts or sales comparable.

Yang Enterprises, Inc v. United States

United States Court of Federal Claims · Oct 21, 2021

Thus, a party must establish that it is an interested party to confer standing. … Clearly, Yang, whose offer was in the competitive range for the cancelled procurement, (AR 12673), has alleged that it suffered a “non-trivial competitive injury” due to the cancellation of the Solicitation.

Williams v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 1, 2020

Respondent raised the issue that “the most contemporaneous documentation does not establish that the onset of petitioner’s pain occurred within forty-eight hours of the vaccination.” (Id. at 6.) … He indicated that there are patients who have lingering pain at the vaccination site three months subsequent to immunization. (Id. at 22.)

Enhanced Veterans Solutions, Inc. v. United States

131 Fed. Cl. 565 · United States Court of Federal Claims · Apr 26, 2017

, 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 … While, as a general proposition, proposals which are marginal might qualify for inclusion in a best value tradeoff, it is difficult to see why this should require a proposal which, by definition, has been found not acceptable

Glaser v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 26, 2016

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 … That rate is in turn determined by the “forum rule,” which bases the award rate on rates paid to similarly qualified attorneys in the forum in which the relevant court sits (Washington, DC for Vaccine Act cases); except where

Anchorage, a Municipal Corporation v. United States

United States Court of Federal Claims · May 21, 2020

App. at 612. 6 ICRC qualified as an 8(a) small business under the Small Business Administration’s (“SBA”) 8(a) program. ECF No. 90 at 10-11. … And the Task Order clearly showed that Anchorage’s funds were used to pay for this. Trial Tr. 256:8-13.

Voith Hydro, Inc. v. United States

United States Court of Federal Claims · Feb 26, 2019

Reed is qualified to opine as an expert on the issues he addresses in his report. Id. at 19-20. The court addresses each of these topics in turn. A. … Instead, plaintiff must establish prejudice, if any, by drawing from the administrative record to challenge the agency’s award to Alstom. C.

TDM America, LLC v. United States

85 Fed. Cl. 774 · United States Court of Federal Claims · Feb 20, 2009

Because DonJon is a contractor for the United States, Don-Jon’s alleged use of the patented methods qualifies as “use ... for the United States. Id. … The Court adopts Plaintiffs construction of the term because it more clearly reflects the language in the patent specification.

Fcn, Inc. v. United States

115 Fed. Cl. 335 · United States Court of Federal Claims · Apr 4, 2014

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 … Jan. 28, 2005), in which the protestor alleges the agency “documented an effort to understand the proposed pricing, establish parameters, establish target pricing, and provide the offerors with this information during discussions

Citizant, Inc. v. United States

United States Court of Federal Claims · Mar 25, 2019

If the protestor establishes a different type of error, then it must establish prejudice by showing that it possessed a substantial chance of receiving an award absent the alleged error. … Second, Citizant must show that, if the CO had properly evaluated proposals, there was a substantial likelihood that at least [. . .] awardees would not have qualified for contracts such that Citizant would be among the offerors

Lujano v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 28, 2025

He submitted that petitioner has not provided a statement or report from a qualified medical expert to support that either the flu or Gardasil vaccination played any role in E.M.’s death. Id. at 8-9. … It is not clear how this case report applies to the case here, as all the medical records clearly establish that E.M. had a significant medical history, which specifically included cardiac abnormalities, prior to receiving

Trilogy Federal, LLC v. United States

United States Court of Federal Claims · Mar 22, 2022

The solicitation was issued “anticipating that a significant number of the [service- disabled veteran-owned small business (SDVOSB)] contractors would no longer qualify as SDVOSBs” at the end of the initial five-year contract … The court cannot and will not substitute its judgment for that of the agency when the agency has clearly articulated a rational connection between facts and conclusions about distinguishable proposals.

Northrop Grumman Corp. v. United States

50 Fed. Cl. 443 · United States Court of Federal Claims · Sep 10, 2001

Federal law establishes the preference for the procurement of NDI products. … The Court of Claims described the doctrine: Under established case law, a cardinal change is a breach.

Harding v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 17, 2019

This may be a valid argument, but in my view, it would be more appropriately addressed at a later stage in the claim with the input of qualified medical experts. … The petitioner “bea[rs] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson, 24 Cl. Ct. at 484.

Arinc Engineering Services, LLC v. United States

77 Fed. Cl. 196 · United States Court of Federal Claims · Jun 7, 2007

It was also rated poorly because it failed to propose enough qualified personnel and an appropriate labor mix;—with no indication that these problems had anything whatsoever to do with a lack of information. … This case clearly is distinguishable from Johnson Controls World Services, 2001 C.P.D. 1120.

Molina v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 17, 2024

Trollmo et al., Intra-Articular Immunization Induces Strong Systemic Immune Response in Humans, 82 CLINICAL & EXPERIMENTAL IMMUNOLOGY 384 (1990) (Ex. P14, Tab i)).) Dr. … In most cases, however, a judicial officer such as a special master departs from previously decided issues only in the event of “new evidence, supervening law, or a clearly erroneous decision.”

Tomberlin v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 13, 2015

Payments made to petitioner for disability qualify as an offset under this provision (“under an insurance policy”) and payments under Medicare qualify as an offset as well (“under any Federal . . . health benefits program … When he began managing Physiotherapy Associates, it was already an established business.