Case law

Galen Medical Associates, Inc. v. United States

74 Fed. Cl. 377 · United States Court of Federal Claims · Nov 20, 2006

As such, it cannot show the prejudice required to qualify as an interested party with respect to protesting the award of the contract at issue to CRA. Galen, however, cites curative provisions in Mississippi law. … Galen argues that the CO clearly identified a weakness in CRA’s bid—the exclusion of required x-ray and laboratory services and should have rejected CRA’s bid as nonre-sponsive, which would have resulted in Galen being the

Stoliker v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 19, 2018

During the call, the parties agreed that Flores Orlando, listed as the administering immunizer on petitioner’s vaccination record, would also be deposed. (Id.) … Ahmed authenticated his own signature on the document, the vaccination lists Orlando Flores as the administering immunizer. Mr.

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.

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.

First Annapolis Bancorp, Inc. v. United States

89 Fed. Cl. 765 · United States Court of Federal Claims · Oct 26, 2009

The above-quoted language clearly did not shift the risk of regulatory change to Ban-corp. … There is no statutory waiver of sovereign immunity permitting recovery of interest when a plaintiff establishes a breach of an implied-in-fact contract, as opposed to a breach of an express contract as under the Contract

Coastal International Security, Inc. v. United States

93 Fed. Cl. 502 · United States Court of Federal Claims · Jul 14, 2010

United States, 539 F.3d 1340, 1344 (Fed.Cir.2008) (“To qualify as an ‘interested party,’ a protestor must establish that: (1) it was an actual or prospective bidder or offeror, and (2) it had a direct economic interest in … WSI clearly did not understand the requirements of the Solicitation. Id.

Bishay v. United States

United States Court of Federal Claims · Sep 16, 2019

It serves as a waiver of sovereign immunity and a jurisdictional grant, but it does not create a substantive cause of action. Jan's Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299, 1306 (Fed. Cir. 2008). … Bishay's asse1iion, even if true, fails to qualify as a "token payment."

Palmer v. United States

38 Fed. Cl. 316 · United States Court of Federal Claims · Jun 27, 1997

The record includes information sufficient to establish all facts in Counts I through V material to those issues. … The burden is on the plaintiff to prove that the ABCMR decision was defective by “cogent and clearly convincing evidence.” Sawyer v. United States, 930 F.2d 1577, 1580 (Fed.Cir.1991).

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.

Stockton East Water District and Central San Joaquin Water Conservation District v. United States

109 Fed. Cl. 760 · United States Court of Federal Claims · Feb 28, 2013

“If ‘a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery[.]’” Fifth Third Bank, 518 F.3d at 1374-75 (quoting Cal. Fed. Bank, 395 F.3d 1267). … Smith, who was qualified as an expert on the sport-market value of water with respect to Central during the breach. See Tr. 1992. Dr.

Scheffler v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 1, 2022

production, and immune complex formation with resultant deposition into small blood vessels leading to disease propagation.” … This constitutes sufficient evidence to establish a reasonable basis for the claim.

McIsaac v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 18, 2026

Petitioner established care with Dr. John Dickason as his primary care provider. Ex. 5 at 55. … If a petitioner establishes a Table injury, causation is presumed.

Grieshop v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 29, 2015

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 … Taylor attributed to a possible “mild brachioplexopathy [that] could have occurred related to an immune response.” Id. at 9. Mr. Grieshop returned to Dr.

Miller v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 29, 2024

Although other testing was performed during the July appointment, the need for a COVID test was clearly stated. … Nor does the intermittent nature of Petitioner’s symptoms prevent him from establishing sequela for more than six months.

Leach v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 10, 2024

He clearly sought treatment for his shoulder injury between July 11, 2019 through September 16, 2019. Ex. 6 at 8-9; Ex. 21 at 6, 8-9, 17; Ex. 7 at 60, 73. … As I have previously observed, “the Vaccine Act clearly does not require that symptoms be recorded within a specific timeframe to be preponderantly established.

Derenzo v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2018

Fraunfelder is a qualified expert and his work in this case was helpful, Petitioner has not provided persuasive evidence that Dr. … Special masters typically award costs for establishing a guardianship when it is established as a condition of the settlement and/or the judgment in the matter. See, e.g., Barrett v.

UMC Electronics Co. v. United States

43 Fed. Cl. 776 · United States Court of Federal Claims · Jun 23, 1999

It is apparent to the court that UMC clearly understood the difference between actual, invoice costs and projected, future costs. … Brunswick Associates Limited Partnership, 507 U.S. 380 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993), in which on the facts of that case, plaintiff was able to qualify for an excusable neglect exception on the bar date for filing

Progress for Bakersfield Veterans, LLC v. United States

United States Court of Federal Claims · Jan 7, 2021

After the TEB’s evaluation, the SSA elected to establish a competitive range determination of the most highly rated proposals. … Competitive Range Determination After reevaluation, the SSA established a new competitive range.

Todd Construction, L.P. v. United States

88 Fed. Cl. 235 · United States Court of Federal Claims · Jul 22, 2009

A protester’s mere disagreement with the agency’s *248 judgment does not establish that an evaluation was improper.”). … The "head of the contracting activity shall establish procedures which ensure that fully qualified personnel prepare and review performance reports.” FAR § 36.201(a)(4). .

Wissbaum v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 17, 2021

Marjorie Dimaggio to establish care. Pet’r’s Ex. 2a at 495. … Snyder noted that since her last visit, Petitioner had slowly tapered “completely” off prednisone “and has not clearly noticed worsening since discontinuing.” Id. at 655.