Case law

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  • 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 timesPublished
  • 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.

    Cited 0 timesUnpublished
  • Laboratory 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 timesPublished
  • Securitypoint 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 timesPublished
  • Wallace 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 timesPublished
  • Cohen 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 timesPublished
  • Baldwin 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 timesPublished
  • Vinsys 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 timesPublished
  • Acrow 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 timesPublished
  • Dallin v. United States

    62 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 timesPublished
  • Russian 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 timesPublished
  • Anita Roberts and Gary Roberts, Co-Petitioners, as Next Friends, Parents Acting on Behalf of Amber Roberts, Their Minor Child v. Secretary of Health and Human Services

    United 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 timesUnpublished
  • Sunshine 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 timesPublished
  • Giddens 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 timesUnpublished
  • Salcida v. United States

    United 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 timesUnpublished
  • Fort 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 timesPublished
  • Starr 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 timesPublished
  • Haggart v. United States

    United 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 timesPublished
  • BAUER v. United States

    United 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 timesPublished
  • Bluewater 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

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