Case law
Opinions from 1658 to today.
4,740 results
1.36s
Energy Capital Corp. v. United States
47 Fed. Cl. 382 · United States Court of Federal Claims · Aug 22, 2000
Even if the loan volume were established, the Defendant did not take the next step to establish Energy Capital’s earnings. … In the Tucker Act, the United States waived its sovereign immunity for breach of express or implied contracts. 28 U.S.C. § 1491 .
Reversed in part, on other grounds by Energy Capital Corp. (As General Partner of Energy Capital Partners Limited Partnership) v. United States, 302 F.3d 1314 (2002)Cited 21 timesPublishedWissbaum 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.
Cited 0 timesUnpublishedLaboratory Corp. of America v. United States
108 Fed. Cl. 549 · United States Court of Federal Claims · Jan 14, 2013
Both establish that the VA’s refusal to accept plaintiff’s quotation here was arbitrary, capricious, and contrary to law. … No. 98-1157, at 17 (1984) (“Full and open competition is accomplished only when . . . all qualified vendors are allowed . . . to submit offers on Federal procurements . . . .”); see also Cal. Marine Cleaning, Inc. v.
Cited 38 timesPublishedSecuritypoint Holdings, Inc. v. United States
United States Court of Federal Claims · Oct 22, 2021
That was clearly established to be the routine process by which TSA screened passengers. … Clearly the mini-pallets are platforms intended to receive trays and are then moved with the dolly.
Cited 0 timesPublishedWallace Asset Management, LLC v. United States
126 Fed. Cl. 741 · United States Court of Federal Claims · May 6, 2016
In that protest, Wallace argued that BLM was not qualified or eligible to receive the contract award and 8 that HUD improperly rated the past performance factor in Wallace’s … As established below, HUD appropriately and reasonably evaluated Wallace’s past and present performance. 4 The RFP provides for the following ratings for the past/present performance factor: “excellent/high confidence;”
Cited 1 timesPublishedCohen Financial Services, Inc. v. United States
110 Fed. Cl. 267 · United States Court of Federal Claims · Apr 4, 2013
The Panel’s worksheets establish that the panel understood the location of MMC’s employees. Int. Mot. … Cl. 655, 663 (2003) (“Clearly the public interest in honest, open, and fair competition in the procurement process is compromised whenever an agency abuses its discretion in evaluating a contractor’s bid.”).
Cited 19 timesPublishedBaldwin v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 17, 2020
“Once a petitioner establishes a prima facie case, the government then bears the burden of establishing alternative causation by a preponderance of the evidence.” … The parties shall separately file any proposed redaction to this Memorandum and Order, with the text to be redacted clearly blacked out, by December 16, 2020.
Cited 0 timesPublishedVinsys Ithub LLC v. United States
United States Court of Federal Claims · Dec 18, 2025
The parties agreed at oral argument these factors are disjunctive, and plaintiff further admitted the factors establish a “sliding scale.” … The government believed “it’s all irrelevant,” considering: (1) “[plaintiff] said . . . he’s not technically qualified to comment on any of these technical issues, and so [the government] think[s] [plaintiff’s counsel’s]
Cited 0 timesPublishedAcrow Corp. of America v. United States
96 Fed. Cl. 270 · United States Court of Federal Claims · Dec 17, 2010
[Plaintiff] clearly does not agree that the PCO reviewed those let *282 ters....” Pl.’s Br. filed Nov. 5, 2010, at 2-3. … These three exhibits do not qualify as supplemental and are stricken from the administrative record, although they are part of the court record. 4.
Cited 9 timesPublished62 Fed. Cl. 589 · United States Court of Federal Claims · Oct 29, 2004
In the case currently before the court, the Form 4340, “Certificate of Assessments, Payments, and Other Specified Matters” clearly identifies that an assessment was made against Donald Young on June 18, 1992 in the amount … The court found that the plaintiff’s situation did not warrant a departure from a regular assessment, and that the government provided no explanation for why the plaintiffs qualified for either a quick or prompt assessment
Cited 19 timesPublishedRussian Recovery Fund Limited v. United States
United States Court of Federal Claims · Jan 15, 2016
We believe that the evidence clearly establishes that Ms. … He is obviously highly qualified as an accountant and in evaluating financial statements, particularly of hedge funds.
Cited 0 timesPublishedUnited States Court of Federal Claims · Apr 30, 2013
Petitioners Have Acted in Good Faith and Have Established A Reasonable Basis for the Claim. … Given the length of time this action has already been pending, these proceedings are clearly protracted. 2.
Cited 0 timesUnpublishedSunshine Construction & Engineering, Inc. v. United States
64 Fed. Cl. 346 · United States Court of Federal Claims · Mar 4, 2005
He is fully qualified to monitor and calculate a contractor’s performance against a CPM schedule. Significantly, Mr. … Bolyard established that, without this power related wiring, the system would not be able to operate. Tr. at 1829.
Cited 8 timesPublishedGiddens v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 14, 2023
by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of her injury for more than six months, died … Bruce McClenathan with the DHA Immunization Healthcare Branch. Ex. 2 at 115. The record states the reason for the appointment was “SIRVA.” Id.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jan 30, 2026
The answer to that question is clearly “no.” … However, despite Plaintiff’s status as a prevailing party, only his court filing fee qualifies as a reasonable cost under I.R.C. § 7430.
Cited 0 timesUnpublishedFort Howard Senior Housing Associates, LLC v. United States
121 Fed. Cl. 636 · United States Court of Federal Claims · May 29, 2015
Under the Lease, a qualifying unreasonable delay could not be “caused by Lessee’s actions or omissions,” Def.’s App’x 5, Article 1, and therefore FHSHA’s contribution to the delay prevents it from constituting a force … As an initial matter, as discussed above, the Lease clearly states that FHSHA itself was required to take the necessary steps 14 FHSHA had submitted an Entitlement
Cited 1 timesPublishedStarr International Co. v. United States
106 Fed. Cl. 50 · United States Court of Federal Claims · Jul 2, 2012
The Tucker Act, 28 U.S.C. § 1491 (a)(1), operates as a grant of subject matter jurisdiction for “specified types of claims against the United States” and as “a waiver of sovereign immunity with respect to those claims.” … This Court’s jurisprudence has shown that the bar for establishing duress is a high one.
Vacated in part by Starr International Company v. United States, 856 F.3d 953 (2017)Cited 21 timesPublishedUnited States Court of Federal Claims · Nov 25, 2020
The Uniform Relocation Act waives federal sovereign immunity with respect to legal fees and costs in takings cases and mandates that when awarding a plaintiff compensation for a taking by a federal agency, the court shall … established.”
Cited 0 timesPublishedUnited States Court of Federal Claims · Apr 9, 2025
Cir. 2012) (“[Federal Rule of Civil Procedure] 20 clearly contemplates joinder of claims arising from a ‘series of transactions or occurrences’ — a single transaction is not required.”). … Cl. 343 (2012)), but did not argue in plain terms (much less establish) that Indiana railroad easements never cover trails.
Cited 0 timesPublishedBluewater Management Group, LLC v. United States
United States Court of Federal Claims · Nov 16, 2020
Bluewater Has Standing to Protest There is no dispute that Bluewater submitted a proposal and therefore qualifies as an actual offeror. … The VA clearly structured the competition to prioritize contract award to an SDVOSB, regardless of how many SDVOSBs submitted proposals.
Cited 0 timesPublished
Ask Donna