Case law
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Pi Electronics Corp. v. United States
54 Fed. Cl. 56 · United States Court of Federal Claims · Sep 10, 2002
The record establishes that plaintiff did not pay the required royalty fee. … After sending the 15,000 pieces of promotional mail, plaintiff was informed that the G-10 permit is for official USPS use only; a private corporation, such as plaintiff, does not qualify for the permit.
Cited 1 timesPublishedWestlands Water District v. United States
109 Fed. Cl. 177 · United States Court of Federal Claims · Jan 15, 2013
Cir. 2003) (en banc) (“It is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional in nature.”); see also Soriano … When a contractual benefit is expressly qualified, there is no breach of the duty of good faith and fair dealing when interference with contractual performance is in the manner contemplated and provided for.
Cited 44 timesPublished105 Fed. Cl. 236 · United States Court of Federal Claims · Jul 16, 2012
The adjustment amount shall be reduced for any excise tax imposed upon assets withdrawn from the funding agency of a qualified pension plan. … He has more than 30 years of experience consulting on the design, funding, accounting compliance, termination, and other issues involving defined benefit, defined contribution, qualified, and non-qualified pension plans.
Cited 11 timesPublishedMalloy v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 10, 2025
However, fees can still be adjusted or denied entirely even where reasonable basis is established. … Petitioner argued that she clearly believes she was injured by the Gardasil vaccine because she filed an affidavit to this point and discussed her belief that the Gardasil vaccine caused or contributed to her injuries with
Cited 0 timesUnpublishedThompson v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 11, 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 undue hardship inquiry looks at more 3 Petitioners later specified that the Pentacel, PCV13, and Rotateq vaccinations J.C.T. received on July 7, 2012 “caused an immune mediated reaction resulting in the development of
Cited 0 timesUnpublishedKingfisher Systems, Inc. v. United States
United States Court of Federal Claims · Sep 3, 2019
Size standards have been established for types of economic activity, or industry, generally under the North American Industry Classification System (NAICS).”). … After self-certifying, a qualifying offeror is “considered to be a small business throughout the life of that contract.”1 13 C.F.R. § 121.404(g).
Cited 0 timesPublishedMcNeely v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 15, 2024
The history of present illness states that Petitioner “had a [Tdap] immunization back in August and he suddenly developed pain in his arm where he received the immunization.” Id. … Tornatore is “highly regarded and highly respected in the field of neurology” and “qualified in every aspect of [Petitioner’s] case[.]” Id. at 19. Petitioner pointed to Dr.
Cited 0 timesUnpublishedBroadway Gold, LLC v. United States
United States Court of Federal Claims · May 15, 2025
The burden of establishing the Court’s subject matter jurisdiction rests with the plaintiff. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). … The Federal Circuit has clearly held that declaratory judgments are not precluded from this Court’s CDA jurisdiction but has cautioned that it is not always appropriate to consider them. See Alliant Techsys., Inc. v.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · May 13, 2020
Second, the court concluded that the Federal Tort Claims Act’s waiver of sovereign immunity would not have applied to Mr. … Act of God Defense The Service argues that an affirmative defense clearly implicated by the complaint may be raised in a motion to dismiss.
Cited 0 timesUnpublishedValentine v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 7, 2025
The importance of the immune surveillance function is that circulating lymph transports various antigens and activated antigen-presenting cells into the lymph nodes to orchestrate the immune response. Id. Resp. Ex. … Cl. 762, 784 (2024) (finding special master did not err in denying entitlement when petitioner did not establish that she had immune complexes after asserting a theory involving immune complexes); Dodd v.
Cited 0 timesUnpublishedLagos v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 12, 2026
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 … Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1993).
Cited 0 timesUnpublishedPusateri v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 9, 2022
He posited that the adjuvant in the HPV vaccine induced an immune dysfunction and immunologic damage. Id. at 2. … The petitioner “bea[rs] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson, 24 Cl. Ct. at 484.
Cited 0 timesUnpublished96 Fed. Cl. 156 · United States Court of Federal Claims · Dec 15, 2010
Then, the parties shall file under seal a joint status report indicating their agreement with the proposed redac-tions, together with a complete copy of the court’s decision with all redactions clearly indicated, by no later … Rule 702 states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience
Cited 12 timesPublishedOliver v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 27, 2017
The mice developed seizure disorders without “any bacterial, viral, or immune altering agent or precipitant, including immunizations.” Id. at 8. … That fact alone does not establish a vaccine-related injury.
Cited 0 timesUnpublished81 Fed. Cl. 463 · United States Court of Federal Claims · Mar 3, 2008
GWACs are not immune from these requirements. To the contrary, the Federal Acquisition Streamlining Act of 1994 (FASA), Pub.L. … Such was not the case with the "presumptive awardee” group established by GSA. . See also C.W.
Cited 118 timesPublished98 Fed. Cl. 339 · United States Court of Federal Claims · Apr 12, 2011
To establish a genuine issue of material fact, a party “must point to an evidentiary conflict created on the record; mere denials or conelusory statements are insufficient.” SRI Int’l v. Matsushita Elec. … The aftermath of a serious hurricane and the urgent need to restore postal service could qualify as an emergency.
Cited 0 timesPublishedSugranez v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 22, 2026
Congress authorized petitioners to establish causation in two ways. … When such on-Table claims are successfully established, then causation is presumed.
Cited 0 timesUnpublishedJohnson v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 17, 2024
Cagle indicates that petitioner’s presentation “clearly demonstrates a picture of neurologic changes along the arm.” (Ex. B, p. 3.) … Natanzi’s ipse dixit and that his experts are better qualified to opine on the issues in this case. (Id. at 11-15.)
Cited 0 timesUnpublishedKingman Reef Atoll Investments, L.L.C. v. United States
116 Fed. Cl. 708 · United States Court of Federal Claims · Jun 30, 2014
Finally, the court stated that the Navy's 1938 letter to the Fullard-Leo family's attorneys clearly stated "[t]he government's position that the Fullard–Leos had no private interest in Kingman Reef." Id. … Cir. 2011) (“Claims for compensation under the Tucker Act, which waived the sovereign immunity of the United States, are subject to a strict statute of limitations provision.” (citing Lehman v.
Cited 3 timesPublishedUnited States Court of Federal Claims · Apr 3, 2026
As the Court of Claims recognized, the United States has not waived its sovereign immunity to punitive damages in any court. See 28 U.S.C. § 2674. Thus, Mr. … Toney clearly incorporates the IRS’s rejection of his claim as “frivolous” into his complaint. ECF No. 1 at 2.
Cited 0 timesUnpublished
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