Case law

Banks v. United States

United States Court of Federal Claims · Feb 19, 2016

However, as the Supreme Court noted, bias or lack of impartiality is not established by “expressions of impatience, dissatisfaction, annoyance, and even anger . . . . … A judge’s ordinary efforts at courtroom administration – even a stern and short-tempered judge’s ordinary efforts at courtroom administration – remain immune.” Id. at 555-56.

Inspace 21 LLC v. United States

United States Court of Federal Claims · Sep 7, 2016

Based on the initial evaluations, the SSA established a competitive range containing all four offerors and authorized the contracting officer to enter discussions with each. AR, Tab 101 at 27913. … The SSEB Chair disagreed with the assessment, concluding there was “no reason” to expect a labor dispute or “to believe both full-time and part-time employees can’t be certified” as qualified to perform tasks, and finding

Second Street Holdings LLC v. United States

United States Court of Federal Claims · Oct 4, 2022

He further qualified that the SEC had done only “initial assessments” and not “a detailed revised Program of Requirements.” Id. … date requirements for CJN, as well as to establish irreparable harm in support of Second Street’s request for a permanent injunction.

Kingman 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.

Toney v. United States

United 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.

Manuel Bros. v. United States

55 Fed. Cl. 8 · United States Court of Federal Claims · Dec 23, 2002

Upon review around February 28th, you verbally agreed to provide the government with documents clearly indicating those utility lines which the contractor encountered which were not shown on the drawings. … The design errors/omissions which caused this problem are clearly the responsibility of the government. On October 26, 1995, CO Ramsey responded to Mr.

Park Tower Management, Ltd. v. United States

67 Fed. Cl. 548 · United States Court of Federal Claims · Aug 31, 2005

Although GSA wanted a technically qualified firm to provide operation and maintenance (“O & M”) services for the Moynihan *554 Courthouse, GSA also was “eager” to lower the costs of operating the facility. Id. at 7. … Park Tower Has Established That It Is An “Interested Party.” As a threshold matter, a protester must establish that it is an “interested party.” 28 U.S.C. § 1491 (b)(1); see also Nat’l Fed’n of Fed. Employees v.

Forrest v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 14, 2023

Then, on March 9, 2016, she established care with a new primary care provider. (Ex. 7, p. 20.) At that time Ms. … Widner, “clearly matches” the course of osteoarthritis. (Id. at 9.) Dr. Bishop agrees with Dr. Widner’s diagnosis of adhesive capsulitis but disagrees with Dr. Bodor’s attribution of that adhesive capsulitis 11 Dr.

Shah v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 15, 2026

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. … Silverman appears to be a well-qualified radiologist, and has testified in two other Vaccine Program cases. Given the specificity of the radiology issues in this case, Dr.

Rubinstein, Estate of v. United States

119 Fed. Cl. 658 · United States Court of Federal Claims · Jan 29, 2015

Blee clearly requires a physician’s certification; there is no room for “hedging.” Id. at 187 (Wasserman). Moreover, it is evident that Dr. … Blee established that the decedent suffered from neither progressive memory loss nor Alzheimer’s disease. In addition, Dr.

Sacramento Municipal Utility District v. United States

109 Fed. Cl. 660 · United States Court of Federal Claims · Mar 12, 2013

Biomet, Inc., 236 F.3d 1342, 1349 (Fed.Cir.2001) (holding that a party’s challenge to a damages ruling was barred by the mandate rule where the party did not raise issues on appeal that clearly were implicated in the trial … Recovery of cost of capital is barred by the no-interest rule, set forth in 28 U.S.C. § 2516 , absent a clear waiver of sovereign immunity or unambiguous agreement by the Government to permit such recovery.

Synergy Solutions, Inc. v. United States

133 Fed. Cl. 716 · United States Court of Federal Claims · Sep 12, 2017

Main Document Only.There is a well-established presumption in favor of public access to court records and proceedings. See Nixon v. … They ensured all personnel were fully trained and qualified to meet or exceed the government’s timeliness standards, quality standards and deliverables.

Cienega Gardens v. United States

38 Fed. Cl. 64 · United States Court of Federal Claims · Apr 29, 1997

This provision clearly indicates that HUD intended the use restrictions to be concurrent with the life of the loan rather than the life of the property. … Plaintiffs’ properties qualify as eligible low-income housing within the meaning of 12 U.S.C. § 4119 for the purposes of LIHPRHA’s preemption provisions. 15 LARSO *85 prevents affected low-income housing owners such as plaintiffs

Southern Comfort Builders, Inc. v. United States

67 Fed. Cl. 124 · United States Court of Federal Claims · Jul 29, 2005

The record clearly demonstrates that on April 2,1998, the defendant informed SCBI that it could inspect MLP-1 on April 6, 7, and 8,1998, and MLP-3 on April 6, 7, 8, 9, and 10, 1998. … United States, 34 Fed.Cl. 634, 645 (1995), aff'd, 135 F.3d 775 (Fed.Cir.1998) (table) (holding that there was no waiver of sovereign immunity to allow Prompt Payment Act interest when nonpayment by the agency is the result

Octo Consulting Group, Inc. v. United States

117 Fed. Cl. 334 · United States Court of Federal Claims · Aug 13, 2014

conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … For example, in acquisitions where the requirement is clearly definable and the risk of unsuccessful contract performance is minimal, cost or price may play a dominant role in source selection.

Raytheon Company v. United States

121 Fed. Cl. 135 · United States Court of Federal Claims · Jun 2, 2015

Raytheon is evaluated as Acceptable with the lowest [Best Value Assessment] and is deemed to possess the requisite technical, management and financial capability to perform the effort and is otherwise qualified … Names should be used consistently, clearly list CT vs CTE. TRA report – CT if sys[tem] depends on an element. . . . CTE in question is the [. . .], not just a portion . . . .

BIRDBEAR v. United States

United States Court of Federal Claims · Aug 14, 2025

Wunder was not qualified to conduct a drainage analysis because he is not petroleum engineer. See Pls.’ Br. at 16. Further, Mr. … Nor did he clearly articulate replicable methodology grounded in the criteria BLM uses to evaluate diligent development. Mr.

Sanchez v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 22, 2020

Wong reviewed Trystan’s immunization status, Dr. Wong recorded: “Immunizations are 43 The basis for Dr. … Niyazov’s opinion about Levitas and the other articles he has cited might prevent a finding that the Secretary had clearly and convincingly established the genetic mutations as the sole substantial cause.

Gear v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 8, 2020

She reports that when she had her tetanus shot in Nov 2015, she feels like the immunization was given wrong. … She reports that when she had her tetanus shot in Nov 2015, she feels like the immunization was given wrong.

Haddad v. United States

United States Court of Federal Claims · Jan 20, 2023

Defendants argue “[i]t is unclear whether using the information read from the airport ID to verify ‘employment status’ . . . would qualify . . . as ‘personal identification’ . . . or . . . would not qualify because the separate … The Court first addressed whether the term clearly marks the bounds of the claim.