Case law
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Information Sciences Corp. v. United States
73 Fed. Cl. 70 · United States Court of Federal Claims · Sep 19, 2006
[Plaintiff] need not show that it would have received the award in competition with other hypothetical bidders, [but rather] must show that it would have been a qualified bidder. … (citations omitted); SAI Indus., 60 Fed.Cl. at 747 (“The public’s interest is clearly served when suppliers engage in fair and robust competition for government contracts.
Cited 73 timesPublishedE.W. Bliss Co. v. United States
40 Cont. Cas. Fed. 76,769 · United States Court of Federal Claims · Mar 31, 1995
The agency asserts that the letter clearly shows the awardee intends to provide a new crankshaft as part of its base proposal price. … It is not enough for a protestor to establish that a statute or regulation has been violated. Id.
Cited 27 timesPublishedPistulka v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 29, 2025
that he received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a limited exception and has not filed a civil suit or collected … Concerning the situs of vaccination, Petitioner argues that the only evidence suggesting that the vaccine was administered in his right arm is a computer-generated immunization history, with all remaining evidence supporting
Cited 0 timesUnpublishedJ. v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 7, 2022
They further contend these injuries led to several bouts of immune-related blood disorders and an infection resembling mumps that resulted in hospitalization. See id. ¶¶ 21–64. … Cir. 2020) (“An abuse of discretion occurs if the decision is clearly unreasonable, arbitrary, or fanciful; is based on an erroneous conclusion of law; rests on clearly erroneous fact findings; or involves a record that
Cited 0 timesUnpublishedSeldovia Native Ass'n v. United States
35 Fed. Cl. 761 · United States Court of Federal Claims · May 30, 1996
CIRI outlined the effect of fulfilling these conditions quite clearly in its letter of November 30,1977, to Mr. Elvsaas. … To the contrary, the first section of the Act establishes that Congress intended to avoid establishing any “wardship or trusteeship” under the ANCSA. 43 U.S.C. § 1601 (b).
Modified by Seldovia Native Ass'n v. United States, 36 Fed. Cl. 593 (1996)Cited 6 timesPublishedUnited States Court of Federal Claims · Feb 25, 2022
Each Plaintiff must, of course, personally establish jurisdiction in order to prevail on the merits. See Lujan v. … New York City Transit Auth., 45 F.3d 646, 648, 651–52 (2d Cir. 1995) (rejecting employer’s argument “that the travel exemption immunizes it from liability for any tasks imposed on [employees] to be performed during the commute
Cited 0 timesPublishedPetro Mex, LLC v. United States
United States Court of Federal Claims · Feb 20, 2023
EF08018, was a minor violation for “storage tanks lacking clearly identifiable unique numbers;” Notice of Incident of Noncompliance No. … This clearly would apply to the underground leak, that all parties agree constituted a substantial safety hazard.
Cited 0 timesPublishedBob v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 15, 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 … , and well after the first; but the parents appear to be focused upon the problems being concurrent with, and perhaps due to, the HPV9 immunizations.”
Cited 0 timesUnpublished47 Fed. Cl. 316 · United States Court of Federal Claims · Jul 21, 2000
Supervisory goodwill was an intangible asset and would not qualify in meeting that requirement. … It has been established in these Winstar-Related Cases that the passage of FIRREA on August 9, 1989 constituted an anticipatory repudiation.
Reversed on other grounds by Glass v. United States, 258 F.3d 1349 (2001)Cited 14 timesPublishedEtheridge v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 2, 2020
During the call, the parties discussed whether Petitioner’s illness qualified as GBS; whether onset of Petitioner’s illness occurred two days after vaccination, and thus too soon for a Table GBS; and whether Petitioner had … However, the medical record from that visit establishes that the treating physician clearly opined that “[t]he patient’s examination is not consistent with Guillan barre [sic].” Id. at 63.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Aug 23, 2022
I separately established savings accounts in Canada many decades ago, when I was living in Canada. … However, she was clearly NOT transparent or open in her communications with her US CPA.
Cited 0 timesPublished106 Fed. Cl. 443 · United States Court of Federal Claims · Jul 20, 2012
United States, 310 F.2d 381, 386-87 (Ct.Cl.1962) (“Congress has entrusted the administrators with a large measure of discretion and has in effect established an executive agency as the primary tribunal for determining whether … The court reminds plaintiff that the medical consultant advised plaintiff that she could submit new medical evidence “that reflect [that] her condition was characterized as more severe” that might qualify her for a 70% rating
Cited 4 timesPublishedP. v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 23, 2019
Simpson is substantially qualified. … Latov and Sheikh who are similarly qualified. Mot. for Reconsideration at 8-9. 3 I find that Dr.
Cited 0 timesUnpublishedGiesecke & Devrient Gmbh v. United States
United States Court of Federal Claims · Nov 7, 2024
Further, during in camera review, the Court could not identify any information in the redacted contents qualifying as attorney work product, outside of RCFC 26(b)(4)(D) protections. 3. … Further, as established supra, the information Mr. Kinneging gained in his capacity as a non-testifying expert is distinct and separable from Mr. Kinneging’s knowledge of the facts as a former Idemia employee.
Cited 0 timesPublishedLongnecker Property v. United States
105 Fed. Cl. 393 · United States Court of Federal Claims · Apr 30, 2012
United States, does not undermine the established principle that if a taking occurs in a rails to trails context, it occurs upon the issuance of the NITU by the STB rather than the establishment of a trail. … Id. at 1311-12 ("In addition to outright abandonment of a right of way, there may be a change in use of the right of way which is inconsistent with the purpose for which the right of way was granted .... clearly, a hiking
Cited 6 timesPublishedPCL Construction Services, Inc. v. United States
47 Fed. Cl. 745 · United States Court of Federal Claims · Sep 20, 2000
Contractor shall make sure that all subcontractors, as well as themselves, are fully qualified to execute work of this magnitude and complexity. … PCL clearly indicated that it did not intend to complete the remaining portion of the work.
Cited 43 timesPublishedNycal Offshore Development Corp. v. United States
106 Fed. Cl. 222 · United States Court of Federal Claims · Jul 31, 2012
It produced oil to the surface at a rate of 250 barrels of oil per day (“BOPD”), which qualified as a “discovery” under MMS regulations. 4 ARCO pursued no further exploration of either lease. … The lessor’s repudiation of an oil and gas lease clearly would cause plaintiff to lose precisely the benefit it bargained for, namely, profits it might have earned had the lease been developed.
Cited 2 timesPublishedHelvig v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 19, 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 … Legal Standards Regarding Fact Finding Petitioner bears the burden of establishing his claims by a preponderance of the evidence. § 13(a)(1).
Cited 0 timesUnpublishedGraffeo v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 20, 2016
Second, Petitioner provided information regarding Guillain-Barre syndrome (“GBS”), noting that it can be triggered by “recent surgery or immunization,” including “[r]arely, influenza vaccinations or childhood vaccinations … Graffeo has not established with preponderant evidence that the flu vaccine did cause Jessica’s illness and/or death.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jun 29, 2018
In order to qualify for the exemption, the carrier certifies that no local traffic has moved over the line for at least 2 years and any overhead traffic on the line can be rerouted over other lines and that … (quoting 16 U.S.C. § 1247(d))). 8 The Trails Act indicates that a trail provider may be “a State, political subdivision, or qualified private organization [that] is prepared to assume full responsibility for management
Cited 0 timesPublished
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