Case law

Adal v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 16, 2022

Shaker that “more clearly states his theory of causation.” ECF No. 22 at 1. … Despite extensive testing, no cause of death was identified, and no unequivocal link between her death and immunizations was established.

Kudu Limited II, Inc. v. United States

United States Court of Federal Claims · May 24, 2021

It is well-established that the grant or denial of an opportunity to amend pleadings is within the discretion of the trial court. Meyer Grp., Ltd. v. United States, 115 Fed. … Defendant clearly has a colorable argument that it would be materially prejudiced if it lost its $54 million investment via reversion to Plaintiff. See Serdarevic v. Advanced Med.

Cloud

United States Court of Federal Claims · Mar 9, 2022

To defeat Defendant’s statute of limitations argument, Plaintiffs must establish the “‘jurisdictional timeliness’” of their claim. Chemehuevi Indian Tribe v. United States, 150 Fed. … The term “wrong” clearly contemplates criminal offenses committed against American Indians by non-Indians over whom the tribes had no jurisdiction and thus no means of remedy absent the Treaty.

American Auto Logistics, Lp v. United States

117 Fed. Cl. 137 · United States Court of Federal Claims · Jul 31, 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 … Once again, protestor is attempting to dispute the agency’s conclusion that intervenor’s “[p]roposal clearly meets the minimum requirements of the solicitation.”

Guzar Mirbachakot Transportation v. United States

104 Fed. Cl. 53 · United States Court of Federal Claims · Mar 29, 2012

It is well established that a solicitation contains an ambiguity if it is susceptible to more than one reasonable interpretation. See LAI Servs., Inc. v. … Thus, the solicitation clearly made timely submission of proposals part of its mandatory threshold responsiveness determination.

Evans v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 7, 2025

Evans has satisfied her burden to establish a Table SIRVA claim. Opp. at. … This was clearly a mistake, however, made by Ms. Evans in estimating the time since vaccination. She clearly reported that her pain began “since” vaccination - which would have been in October 2020.

Anaheim Gardens v. United States

125 Fed. Cl. 88 · United States Court of Federal Claims · Feb 4, 2016

“As with the other [Penn Central] factors, the burden is on the owners to establish a reasonable investment-backed expectation in the property at the time it made the investment.” … Plaintiffs are cautioned that should defendant again seek a protective order for plaintiffs’ revised sixth request, the court will require plaintiffs to clearly explain the relevance of each category of requested information

Thrasher v. United States

United States Court of Federal Claims · Apr 25, 2025

Section 7(b)(2) of the Small Business Act authorizes the Small Business Administration (“SBA”) to make EIDL program loans to qualifying small businesses and non-profit organizations located in a disaster area. … The notice also states clearly that failure to comply with the instructions may result in dismissal for failure to prosecute. Notice, Thrasher v. United States, No. 23-45 (Fed. Cl. Jan. 12, 2023), ECF No. 12.

Toes v. Secretary of Health and Human Services

United States Court of Federal Claims · May 2, 2017

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 … Petitioner must establish “a reasonable basis in fact, science, and law for [their] causal allegations.” Id. at 10.

White & Case LLP v. United States

89 Fed. Cl. 12 · United States Court of Federal Claims · Sep 3, 2009

The Court concludes that the form and context of this particular interpretation of the moiety statute are clearly not ones which would qualify for Chevron deference, under which the Court would have been “obliged to accept … The regulations that were subsequently adopted by Customs, while not explicitly defining “ease,” clearly relate payment to the service of furnishing original information.

Syncon, LLC v. United States

United States Court of Federal Claims · Jul 15, 2021

The CO determined that “the information provided by DISA appears to clearly establish that none of the proposals from Syncon, Hourigan, or Korte were under the Government’s control prior to the time designated for receipt … On April 22, 2021, after reviewing the declarations provided by DISA, the CO reaffirmed her position that plaintiffs’ proposals were not timely submitted and did not qualify for an exception to the “late is late” rule.

Bahrain Maritime & Mercantile International Bsc (C) v. United States

118 Fed. Cl. 462 · United States Court of Federal Claims · Oct 21, 2014

For that subfactor, the solicitation clearly required evaluations to be based on contracts of the same size and complexity, defined as 85–100% of estimated dollar value for customers in a prime vendor/regular dealer capacity … As noted above, it is well established that the scope of agency discretion to choose among qualified offerors is particularly broad when a contract award decision is based on a best-value determination.

Insight Systems Corp., and Centerscope Technologies, Inc. v. the United States 12-863c and

110 Fed. Cl. 564 · United States Court of Federal Claims · May 6, 2013

To complete this security check, the Google Postini server must establish and maintain a connection with the sending server. … In that instance, the transmission might qualify under the safe harbor, even though it was not under the government’s control. See Elec. On-Ramp, Inc., 104 Fed.

Riverview Farms v. United States

United States Court of Federal Claims · Nov 20, 2019

The Federal Circuit has established a two-part test for whether a plaintiff is owed compensation for a taking: “[f]irst, as a threshold matter, . . . whether the claimant has established a property interest for the purposes … When any statutory waiver of sovereign immunity includes a statute of limitations, “‘the limitations provision constitutes a condition on the waiver of sovereign immunity.’” Yankton Cty., South Dakota v.

Labounty v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 5, 2021

In attempting to establish entitlement to a Vaccine Program award of compensation for a non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v. … The fact that Petitioner has established that vaccination can cause CRPS and that the timing prong has been met helps establish that she has also demonstrated that vaccination was a but-for cause of her condition.

Sofen v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 17, 2026

and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of his injury for more than six months, died from his injury, or underwent a surgical intervention … As I have previously observed, “the Vaccine Act clearly does not require that symptoms be recorded within a specific timeframe to be preponderantly established.

The McVey Company, Inc. v. United States

111 Fed. Cl. 387 · United States Court of Federal Claims · Jul 9, 2013

To establish that a plaintiff’s “direct economic interest” is affected in the post-award bid protest context, a plaintiff “must show it would have been ‘a qualified bidder,’ i.e., that it had a ‘substantial chance’ of being … Therefore, plaintiff cannot establish prejudice. Cf.

Stewart-Robinson v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 29, 2024

In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v. … Here, the record preponderantly establishes a number of facts undermining causality. Most significantly, the record establishes that Petitioner experienced MS—not a single, self-limiting occurrence of TM.

Jones v. United States

United States Court of Federal Claims · Mar 29, 2023

Further, the evidence at the scene did not clearly establish who fired the first shot such that it was clear that Officer Norton was acting in self-defense by shooting at Mr. Murray. … Neff, 905 F.2d 1349, 1353-54 (10th Cir.1990)). 17 While Deputy Byron’s actions were protected by qualified immunity because “[e]ven if the rule of law regarding an officer’s jurisdiction was clearly established in Ross, that

Kgjj Engineering Solutions, LLC v. United States

United States Court of Federal Claims · Aug 10, 2022

“To establish prejudicial error, a protestor must show that but for that error, the protestor had a substantial chance of receiving a contract award.” Id. at 1373–74 (citing Alfa Laval Separation, Inc. v. … Requiring information to evaluate affiliates’ past performance is routine but it does not thereby expand what constitutes qualifying experience under Factor 1.