Case law
Opinions from 1658 to today.
4,740 results
1.47s
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.
Cited 0 timesUnpublishedKelly-Leppert v. United States
United States Court of Federal Claims · Jul 8, 2021
Cl. 365, 368 (2002) (“Pro se litigants are not immune from laws and rules of procedure simply on the basis of their pro se status.”) (citation omitted). B. … Cir. 1998) (“Plaintiff’s claims for monetary damages, which arise out of [the government’s] alleged negligent and wrongful conduct . . . are claims clearly sounding in tort.”).
Cited 0 timesUnpublishedKgjj 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.
Cited 0 timesPublishedUnited States Court of Federal Claims · Aug 3, 2022
As noted, this Court has jurisdiction over claims against the United States to the extent sovereign immunity is waived by the Tucker Act. 28 U.S.C. § 1491(a)(1); see supra p. 4. … However, to the extent one exists, Plaintiff has not established that he can maintain a breach of contract claim in this Court.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jun 16, 2022
Plaintiff then filed in a Texas state district court requesting “a new order that would clearly direct Colonel Leveille to establish [SBP] former spouse coverage for [plaintiff].” … Cl. 371, 373 (1998) (“In order for plaintiff to qualify as a former spouse beneficiary, the divorce decree must have required Major Woll to provide former spouse SBP benefits to plaintiff.
Cited 0 timesUnpublishedLemaire v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 22, 2016
David Axelrod, agreed with Respondent, indicating that he was “unable to find evidence that Michelle LeMaire [sic] suffered immune damage, as a result of her September 16, 2010 vaccinations.” ECF No. 67-1 at 2. … That rate is in turn determined by the “forum rule,” which bases the award rate on rates paid to similarly qualified attorneys in the forum where the relevant court sits (Washington, DC for Vaccine Program cases).
Cited 0 timesUnpublishedSterling Medical Associates, Inc. v. United States
United States Court of Federal Claims · Aug 7, 2025
The Army clearly “acknowledge[d] Vesa’s ratings,” but explained “they were in spite of any poor performance on Sterling’s part, not a rebuttal of the COR’s PPQ assessment.” Id. at AR14148. … And it was Sterling’s project manager that identified compensation as a significant cause of employee turnover and difficulty attracting qualified personnel.
Cited 0 timesPublishedUnited States Court of Federal Claims · Aug 3, 2022
As noted, this Court has jurisdiction over claims against the United States to the extent sovereign immunity is waived by the Tucker Act. 28 U.S.C. § 1491(a)(1); see supra p. 4. … However, to the extent one exists, Plaintiff has not established that he can maintain a breach of contract claim in this Court.
Cited 0 timesUnpublishedDomke v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 6, 2018
Thus, physician statements in the medical records establish a reasonable basis for petitioner’s counsel to file the petition and pursue an expert opinion. … Petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson, 24 Cl. Ct. at 484.
Cited 0 timesUnpublishedComposite Laminates, Inc. v. United States
38 Cont. Cas. Fed. 76,453 · United States Court of Federal Claims · Dec 15, 1992
The next day, August 22, 1990, the Navy drafted a letter, which was received by plaintiff on August 23, 1990, detailing the deficiencies found at Advanced Tooling, and concluding that Advanced was not qualified to produce … The evidence presents numerous disagreements clearly sufficient to require submission to fact finding.
Cited 8 timesPublishedGray v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 21, 2026
that she 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; suffered the residual effects of her … Respondent notes that “the vaccination record clearly documents that [Petitioner] received the flu vaccine in her left deltoid, and not her right deltoid, the site where her subsequent treatment took place.”
Cited 0 timesUnpublishedKlamath Irrigation District v. the United States 01-591l and 01-5910l Through 01
113 Fed. Cl. 688 · United States Court of Federal Claims · Nov 22, 2013
The same four factors are also applied in determining whether a governmental entity has waived its immunity as to a given claim under the Bankruptcy Code. See 11 U.S.C. § 106(b); see also In re Kaiser Grp. … 625 (9th Cir. 2006)), when the same party filed a bid protest objecting to an invitation for bids (IFB) and a request for proposals (RFP) involving fire retardants that incorporated the amended specifications and revised qualified
Cited 14 timesPublishedHarmonia Holdings Group, LLC v. United States
United States Court of Federal Claims · Apr 26, 2020
The courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction.” McKart v. United States, 395 U.S. at 194. … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).
Cited 0 timesPublishedMartin v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 20, 2026
And I find all are satisfied (although the injury itself was clearly mild, and therefore damages will appropriately be quite modest). … As I have previously observed, “the Vaccine Act clearly does not require that symptoms be recorded within a specific timeframe to be preponderantly established.
Cited 0 timesUnpublishedDezern v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 12, 2016
That rate is in turn determined by the “forum rule,” which bases the award rate on rates paid to similarly qualified attorneys in the forum in which the relevant court sits (Washington, DC, for Vaccine Act cases), except … In all stages of the lodestar calculation, I must determine if the fees applicant has established the reasonableness of the billing rate and work performed. Mares v.
Cited 0 timesPublishedUnited States Court of Federal Claims · Feb 3, 2017
The Tucker Act concurrently "waives the Government's sovereign immunity for those actions." Id. … A takings claim that accrued in 2005 and that is presented in a complaint filed in this court in 2016 is clearly in excess of the six-year statute of limitations and baned by $ 2501. see supra.
Cited 0 timesUnpublished41 Cont. Cas. Fed. 76,983 · United States Court of Federal Claims · Jul 24, 1996
The course description qualifies as an out of court statement offered for the truth of the matter asserted. … Defendant acknowledges that as the moving party, it bears the initial burden of establishing the absence of a material fact dispute.
Cited 6 timesPublishedLoyd v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 28, 2022
On July 8, 2016, Tasha Loyd filed a petition on behalf of her minor child, C.L., seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”). 2 Petitioner alleged that C.L. experienced immune … 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
Cited 0 timesUnpublishedAssociated Mortgage Bankers Inc. v. United States
United States Court of Federal Claims · Mar 31, 2021
The Court first notes that, despite Plaintiff’s suggestions to the contrary, it clearly brought its claims in the district court “on behalf of itself and a class of similarly-situated mortgage lenders,” just as it does here … The Court also generally concurs with the government on the remaining two questions that establish preclusive effect.
Cited 0 timesPublishedUnited States Court of Federal Claims · Feb 28, 2022
The Tucker Act serves as a waiver of sovereign immunity and a jurisdictional 2 The exhibits attached to Plaintiff’s complaint are not paginated. … While “[t]he [C]ourt will transfer a case when a plaintiff articulates a clearly stated and nonfrivolous complaint,” Schrader v. United States, 103 Fed.
Cited 0 timesUnpublished
Ask Donna