Case law

Opinions from 1658 to today.

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  • 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
  • Greenberg v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 7, 2015

    Statement of March 13,2008, regarding onset In their statement regarding onset, Petitioners stated that they "first noted a delay in [JG's] development at his 2 year immunization check up." (Pet. … Accordingly, they have clearly failed to show that JG experienced a "Table Encephalopathy." I.

    Cited 0 timesUnpublished
  • Lesher v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 5, 2020

    Petitioner’s neurosurgeon clearly stated this conclusion in the record from her appointment on June 15, 2017. Exhibit 10 at 8. … or in another geographical area but qualifying for a limited exception; suffered the residual effects of her injury for more than six months, died from her injury, or underwent a surgical intervention during an inpatient

    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
  • Englewood Terrace Ltd. Partnership v. United States

    94 Fed. Cl. 116 · United States Court of Federal Claims · Jul 30, 2010

    Plaintiff maintains that the breach of the HAP contract clearly caused its loss of profits under either causation test. … by the breach; and (3) the amount of the lost profits has been established with reasonable certainty.”

    Cited 5 timesPublished
  • Goring v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 20, 2019

    At this visit, she complained of left shoulder pain that she reported began after receiving two immunizations in her left arm. Id. … Townsend Scott also documented left shoulder pain that began after receiving two immunizations in the left arm. Pet. Ex. 3 at 326.

    Cited 0 timesUnpublished
  • Wells Fargo & Co. & Subsidiaries v. United States

    91 Fed. Cl. 35 · United States Court of Federal Claims · Jan 8, 2010

    None of the public transit agency transactions at issue in this ease fall within these established time frames. F. … Clearly, the SILO transactions here were unique in many respects, and were not typical of other leveraged leases. (See Ruppreeht, Tr. 155; Oram, Tr. 499-501.)

    Cited 22 timesPublished
  • E.M. v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 30, 2018

    On March 17, 2016, E.M. presented to an allergist/immunologist at Duke for an immunity workup. Ex. 6 at 6-21. … It is otherwise well established in the Program that VAERS data is not persuasive with regard to any causal connection between vaccination and injury, and petitioners cannot rely on such to establish reasonable basis for

    Cited 0 timesUnpublished
  • Exnicios v. United States

    United States Court of Federal Claims · Sep 11, 2018

    On April 2, 1999, plaintiff states that he completed “the Field Artillery Officer Basic Course,” which qualified him to “perform the duties of Platoon Leader, Fire Direction Officer, and Company Fire Support Officer.” … On June 26, 2014, the DAESB, by unanimous vote, determined “[t]he evidence presented does not clearly and convincingly establish that the document under consideration is untrue or unjust, and as a result, the presumption

    Cited 0 timesPublished
  • Standard Federal Bank v. United States

    62 Fed. Cl. 265 · United States Court of Federal Claims · Sep 9, 2004

    Nevertheless, ‘if a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery ____’” Commercial Fed. Bank v. … ‘If a reasonable probability of damage can be clearly established, uncertainty as to amount will not preclude recovery.’ ” LaSalle Talman Bank, F.S.B. v. United States, 317 F.3d at 1374 (quoting Locke v.

    Cited 10 timesPublished
  • Rehn v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 28, 2016

    ," reasonable basis is already established and "respondent's opposition is unnecessary." … Enstrom, which did not qualify as expeti support because Ms. Enstrom is not a doctor and did not provide a reliable theory for how the flu vaccine could have caused petitioner's putative injuries.

    Cited 0 timesPublished
  • McConnell Jones Lanier & Murphy, LLP v. United States

    128 Fed. Cl. 218 · United States Court of Federal Claims · Sep 8, 2016

    Based on the TEP’s initial evaluation, the agency established a competitive range that included API and MJLM. Id. Tab 16 at 2766. … The TEP also noted that all of the proposed key staff “had Job Corps experience and appeared to be well qualified for the positions for which they were proposed.” Id.

    Cited 11 timesPublished
  • Anaheim Gardens v. United States

    United States Court of Federal Claims · Sep 25, 2018

    This fact clearly shows the absence of any reasonable investment-backed expectation of the exercise of that extinguished prepayment right. … This opinion section does not clearly state that all of the takings in that case were temporary in nature.

    Cited 0 timesPublished
  • Carpenter v. United States

    129 Fed. Cl. 558 · United States Court of Federal Claims · Dec 12, 2016

    If a railroad proposes to abandon a rail line, then a state, political subdivision, or qualified private organization may request to use the corridor for interim trail use and “rail banking” under section 1247(d). … Therefore, in order to establish a Fifth Amendment taking, a private party must demonstrate a valid interest in the property at issue. Id. (citing Wyatt v. United States, 271 F.3d 1090, 1096 (Fed.

    Cited 0 timesPublished
  • Sanchez v. United States

    United States Court of Federal Claims · Jan 29, 2026

    or retain highly qualified personnel, establish a program under which the agency may agree to repay (by direct payments on behalf of the employee) any student loan previously taken out by such employee.” 5 U.S.C. § 5379( … An implementing regulation reflects that the statute at 5 U.S.C. § 5379 “authorizes agencies to establish a student loan repayment program for the purpose of recruiting or retaining highly qualified personnel.” 5 C.F.R. §

    Cited 0 timesPublished
  • PMTech, Inc. v. United States

    95 Fed. Cl. 330 · United States Court of Federal Claims · Oct 20, 2010

    The ORR was established in the early 1940s as part of the World War II Manhattan Project to support the development of the world’s first atomic weapon. Id. … The D & F notes that there is no incumbent contractor qualified to perform the permanent remediation work on an interim basis. Id.

    Cited 19 timesPublished
  • Cruz v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 10, 2020

    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 … Ross’s locale of Henderson, Nevada (which is in the Las Vegas, Nevada metropolitan area) would qualify her to receive in-forum rates for her work.

    Cited 0 timesUnpublished
  • Your Recruiting Co. v. United States

    106 Fed. Cl. 419 · United States Court of Federal Claims · Oct 12, 2012

    What he concluded, in effect, is that the most plaintiff could establish is that Golden Key plagiarized language from YRC. … Its proposal included a statement that it would offer incumbent personnel a right of refusal, AR 138-39, and that Golden Key would use “qualified and client approved current contractor staff.” AR 137.

    Cited 1 timesPublished
  • Schneider v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 10, 2022

    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 … The September 5, 2017 record also contained “Left shoulder pain,” “Left arm pain,” and “Immunization reaction” in the impression and diagnoses list. Id. at 501.

    Cited 0 timesUnpublished
  • Y. v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 17, 2021

    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 … And although the expert Petitioners relied upon, Anne Gershon, M.D., was clearly qualified to opine on the issue of reactivation, her report was not only quite sparse but did not even attach the item of literature most supportive

    Cited 0 timesUnpublished

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