Case law
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Friend v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 9, 2026
Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). … Fox v. Vice, 563 U.S. 826, 838, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011). Instead, in appropriate circumstances they may make reasonable, across-the-board percentage adjustments.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Oct 7, 2021
Integrity Staffing Solutions, Inc. v. … Brown, 380 U.S. 278, 291–92 (1965)). Although the Court does not entirely endorse the FLRA’s reasoning, its decisions reinforce the conclusions expressed in this Order.
Cited 0 timesPublished98 Fed. Cl. 53 · United States Court of Federal Claims · Feb 24, 2011
Co. v. … United States, 20 Cl.Ct. 53, 60 (1990) (holding that Board could rely on circumstantial evidence in finding that contractor did not satisfy contract requirements). .That plaintiff has offered enough evidence to survive defendant
Cited 6 timesPublishedJohnson v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 12, 2021
Feb. 10, 2005) (finding no reasonable basis when petitioner submitted an affidavit and no other records); Brown v. Sec'y Health & Hum. Servs., No. 99-539V, 2005 WL 1026713, *2 (Fed. Cl. Spec. Mstr. … Kuhn is board certified in Otolaryngology (1993), with a sub-specialty certification in Neurotology (2012). Id. Dr.
Cited 0 timesPublished35 Fed. Cl. 309 · United States Court of Federal Claims · Apr 1, 1996
See Freedman v. … United States v.
Reversed by Marathon Oil Company and Mobil Oil Exploration & Producing Southeast, Inc. v. United States, 177 F.3d 1331 (1999)Cited 24 timesPublishedWarfle ex rel. Guffey v. Secretary of Health & Human Services
92 Fed. Cl. 361 · United States Court of Federal Claims · Mar 9, 2010
Under this standard, the Federal Circuit has held that individual claims by a veteran may be separately appealable while the remainder of the case remains before either the Veterans Board or Veterans Court. … Cheney v. U.S. Dist.
Cited 2 timesPublishedUnited States Court of Federal Claims · Dec 3, 2024
Stephens, 884 F.3d at 1156; Kelley v. Sec’y, U.S. Dep’t of Lab., 812 F.2d 1378, 1380 (Fed. Cir. 1987); Minehan v. United States, 75 Fed. Cl. 249, 253 (2007). … United States v. Sherwood, 312 U.S. 584, 588 (1941). Thus, this court does not have jurisdiction over cases against individual federal officials. Brown v. United States, 105 F.3d 621, 624 (Fed. Cir. 1997).
Cited 0 timesUnpublishedUnited States Court of Federal Claims · May 3, 2017
A formal Physical Evaluation Board ("PEB") considered plaintiffs claim for disability retirement and concluded that her conditions developed naturally and were not related to her military service. … Plaintiff places principal reliance on Friedman v.
Cited 0 timesUnpublishedHcic Enterprises, LLC v. United States
United States Court of Federal Claims · Jul 9, 2020
Put another way, “once an action is brought following a contracting officer’s decision, the parties start in court or before the board with a clean slate.” Wilner v. United States, 24 F.3d 1397, 1402 (Fed. … See Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (citing Bell Atl. Corp. v.
Cited 0 timesPublishedSallyann Abbott v. Secretary of Health and Human Services
United States Court of Federal Claims · May 22, 2017
Moran * v. … Those neurologists have been board- certified and usually teach neurology at highly respected medical schools. Dr. Kozachuk does not list any board-certifications on his curriculum vitae.
Cited 0 timesPublishedReed v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 9, 2021
Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343, 1352 (Fed. Cir. 2008). … Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201, 208–09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008), aff'd No. 99–537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr.
Cited 0 timesUnpublished66 Fed. Cl. 68 · United States Court of Federal Claims · Jun 1, 2005
United States, 508 U.S. 200, 214 , 113 S.Ct. 2035 , 124 L.Ed.2d 118 (1993) (noting that “tort cases are outside the jurisdiction of the Court of Federal Claims”); Brown v. … Group, Inc. v.
Cited 16 timesPublishedMiller-Holzwarth, Inc. v. United States
44 Fed. Cl. 156 · United States Court of Federal Claims · May 7, 1999
Citing several cases pronouncing the importance of competition and fairness in public procurements, see, e.g., Board of. County Comm’rs, Wabaunsee County v. … (I) The reports and evaluation of source selection panels, boards, or advisory councils.
Reversed on other grounds by United States v. Sylvester Ware, 282 F.3d 902 (2002)Cited 3 timesPublishedUnited States Court of Federal Claims · Sep 8, 2022
See, e.g., 28 U.S.C. § 1491(a)(1); see also Brown v. United States, 105 F.3d 621, 623 (Fed. Cir. 1997). The burden is on Plaintiff to establish jurisdiction. Ibrahim v. United States, 112 Fed. Cl. 333, 336 (2013). … Brown, 105 F.3d at 624; Smalls v. United States, 87 Fed. Cl. 300, 308 (2009) (collecting cases).
Cited 0 timesUnpublishedSpayde v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 23, 2021
Alkaitis is board-certified neurologist, with board certifications in neurology, electrodiagnostic medicine, and clinical neurophysiology. Pet. Ex. 5 at 1; Pet. Ex. 48 at 4. … Vartanian is a board-certified neurologist who specializes in inflammatory demyelinating diseases. Resp. Ex. A at 1. He received a Ph.D. and M.D. from University of Chicago. Resp. Ex. F at 2.
Cited 0 timesPublished89 Fed. Cl. 553 · United States Court of Federal Claims · Oct 6, 2009
Brown Park Estates-Fairfield Dev. Co. v. United States, 127 F.3d 1449 , 1455 (Fed.Cir.1997). A takings claim under the Fifth Amendment accrues when the taking occurs. Goodrich v. … McHenry v.
Cited 19 timesPublishedInternational Management Services, Inc. v. United States
80 Fed. Cl. 1 · United States Court of Federal Claims · Dec 21, 2007
Zevalkink v. Brown, 102 F.3d 1236, 1243 (Fed.Cir.1996). … Group v.
Cited 26 timesPublishedTreasa Fennie v. United States
United States Court of Federal Claims · Jan 4, 2013
James v. Caldera, 159 F.3d 573, 580 (Fed Cir. 1998) (quoting United States v. Testan, 424 U.S. 392, 398 (1976)). … We have no jurisdiction over tort claims. 28 U.S.C. § 1491(a) (granting jurisdiction “in cases not sounding in tort”); Brown v.
Cited 0 timesUnpublishedDe Bazan v. Secretary of the Department of Health & Human Services
70 Fed. Cl. 687 · United States Court of Federal Claims · May 15, 2006
See Althen v. Secretary of Health & Human Servs., 418 F.3d 1274, 1278 (Fed.Cir.2005) (citing Shyface v. … The Federal Circuit’s very recent decision in Capizzano v.
Reversed on other grounds by De Bazan v. Secretary of Health and Human Services, 539 F.3d 1347 (2008)Cited 5 timesPublishedIap Worldwide Services, Inc. v. United States
United States Court of Federal Claims · Feb 15, 2019
further explained to the court at the January 11, 2018 oral argument that the corrective action plan she had described to the court at the January 8, 2018 hearing had been “altered somewhat,” but that IAP’s counsel was “on board … Cyios Corp. v. United States, 124 Fed. Cl. at 113-14 (citing Brown v. United States, 80 F. App’x 676, 678 (Fed. Cir. 2003)).
Cited 0 timesPublished
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