Case law

Opinions from 1658 to today.

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  • Lcm Energy Solutions v. United States

    128 Fed. Cl. 728 · United States Court of Federal Claims · Oct 27, 2016

    Co. v. United States, 557 F.3d 1332, 1341 (Fed. Cir. 2009) (quoting Commercial Contractors v. United States, 154 F.3d 1357, 1362 (Fed. Cir. 1998)); accord Glendale Fed. Bank, FSB v. … Cir. 2001); Kellogg Brown & Root Servs., Inc. v. United States, 99 Fed. Cl. 488, 496 (2011). The Government bears the burden of proving its claim by clear and convincing evidence. Kellogg, 99 Fed. Cl. at 496.

    Cited 3 timesPublished
  • Gerhardt v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 23, 2014

    She is board-certified in allergy-immunology and internal medicine, and has taught and conducted extensive research in the fields of immunology, allergology, and vaccinology. … Andreu v. Sec’y of Health & Human Servs., 569 F.3d 1367, 1378 (Fed. Cir. 2009). V. Analysis A.

    Cited 0 timesPublished
  • Davis v. United States

    United States Court of Federal Claims · Jan 7, 2016

    Davis, Case No. 54202 (May 13, 2015) (Board of Disciplinary Appeals, Judgment of Indefinite Disability Suspension). … RCFC lO(a); see also United States v.

    Cited 0 timesUnpublished
  • Curry v. United States

    81 Fed. Cl. 328 · United States Court of Federal Claims · Mar 27, 2008

    See id. at 495 (citing Amchem Prods., Inc. v. … Drivers Ass’n v. Arctic Express, Inc., 288 F.Supp.2d 895, 901-03 (S.D.Ohio 2003); Brown v. Pro Football, Inc., 146 F.R.D. 1, 3-5 (D.D.C. 1992).

    Cited 34 timesPublished
  • Zeroavia, Inc. v. United States

    United States Court of Federal Claims · Jul 11, 2022

    In evaluating the subfactors, the Source Evaluation Board (“SEB”) would independently evaluate each offeror’s mission suitability volume to identify all significant strengths, strengths, weaknesses, significant weaknesses … Dyck v. Albertelli Law, 98 Fed. Cl. 624, 630 (2011).

    Cited 0 timesPublished
  • Etienne v. United States

    United States Court of Federal Claims · Dec 5, 2022

    See Estelle v. Gamble, 429 U.S. 97, 106 (1976); Haines v. … See 28 U.S.C. § 1491 (granting the Court of Federal Claims jurisdiction to hear claims against the United States for money damages “not sounding in tort”); Brown v. United States, 105 F.3d 621, 623 (Fed.

    Cited 0 timesUnpublished
  • Jordan v. United States

    122 Fed. Cl. 230 · United States Court of Federal Claims · Jul 27, 2015

    Strag v. Board of Trustees, 55 F.3d 943, 948 (4th Cir. 1995) (quoting Houck v. Virginia Polytechnical Inst., 10 F.3d 204, 206 (4th Cir. 1973)); see also Santiago, 107 Fed. Cl. at 158; Moorehead v. United States, 88 Fed. … International Board of Teamsters, 177 F.3d 1076, 1080 (8th Cir. 1999) (“The standard governing a claim of unequal pay for equal work is the same for Title VII and for the Equal Pay Act.”). But in Peters v.

    Cited 6 timesPublished
  • Velocity Training, LLC v. United States

    United States Court of Federal Claims · Aug 9, 2022

    M & N to Compl., in response to GSA’s assessment of a deficiency due to the lack of Commercial Airlift Review Board (CARB) certification documentation, Ex. A to Compl. at 1–2; Compl. ¶¶ 27–28. … See NVE, Inc. v. United States, 121 Fed.

    Cited 0 timesPublished
  • Allard v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 3, 2020

    He is board certified in rheumatology, allergy, and clinical immunology. Id. at 2. … He is board certified in anatomical and clinical pathology. He has been a Professor of Immunology at the University of Texas at San Antonio since 2005. Id.

    Cited 0 timesPublished
  • Cardona v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 14, 2026

    Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). … Fox v. Vice, 563 U.S. 826, 838, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011). Instead, in appropriate circumstances they may make reasonable, across-the-board percentage adjustments.

    Cited 0 timesUnpublished
  • Biltmore Forest Broadcasting FM, Inc. v. United States

    80 Fed. Cl. 322 · United States Court of Federal Claims · Jan 25, 2008

    United States, 823 F.2d 510 (Fed.Cir.1987), the Interior Board of Land Appeals determined that the plaintiff had no ownership rights in the property. … United States v. Winstar Corp., 518 U.S. 839 , 116 S.Ct. 2432 , 135 L.Ed.2d 964 (1996) concerned con- *331 tracts with the Federal Home Loan Bank Board over regulatory accounting.

    Cited 6 timesPublished
  • Fru-Con Construction Corp. v. United States

    44 Fed. Cl. 298 · United States Court of Federal Claims · Jul 16, 1999

    Co. v. … Co., Inc. v.

    Cited 198 timesPublished
  • Rivers v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 4, 2019

    Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. … See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed.

    Cited 0 timesUnpublished
  • Valdes v. Secretary of Health & Human Services

    89 Fed. Cl. 415 · United States Court of Federal Claims · Sep 30, 2009

    (citing Savin v. … Geier is board certified in epidemiology, a field in which even the Special Master conceded would be well-suited for an expert in Petitioner’s case.

    Cited 59 timesPublished
  • Tpmc-Energysolutions Environmental Services 2008, LLC v. United States

    United States Court of Federal Claims · Mar 28, 2025

    Grimberg Co. stated that “[t]he Board found that Grimberg’s reliance on just two borings, DH-11 and DH-12, was unreasonable” and quoted the Board in a parenthetical citation, stating “[c]onfronted with the plethora of cautionary … Grimberg Co. reversed the Board’s decision but did not disturb the Board’s determination that the plaintiff’s reliance on just two borings was unreasonable. See United States Army Corps of Eng’rs v. John C.

    Cited 0 timesPublished
  • Whitney v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 26, 2016

    Davis v. Sec’y of Health & Human Servs., 105 Fed. Cl. 627, 638 (2012); see also Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. … See Brown v. Sec’y of Health & Human Servs., No. 09–426V, 2012 WL 952268, at *11 (Fed. Cl. Spec. Mstr. Feb. 29, 2012) (awarding Dr.

    Cited 0 timesPublished
  • Scott Timber Co. v. United States

    97 Fed. Cl. 685 · United States Court of Federal Claims · Apr 5, 2011

    Co. v. … I used a volume of 187,000 board feet which was one line above the correct volume of 144,000 board feet....

    Reversed on other grounds by Scott Timber Co. v. United States, 692 F.3d 1365 (2012)Cited 9 timesPublished
  • Eastern Minerals International, Inc. v. United States

    36 Fed. Cl. 541 · United States Court of Federal Claims · Oct 2, 1996

    DSM denied the permit in 1984, and Eastern appealed to the Tennessee Board of Reclamation Review. … Store Safe Redlands Associates v.

    Reversed on other grounds by Anne D. Wyatt v. United States, 271 F.3d 1090 (2001)Cited 12 timesPublished
  • St. Bernard Parish Government v. United States

    United States Court of Federal Claims · May 4, 2016

    Danner was confronted about the difference between his approach and the Gypsum Association’s standard “Assessing Water Damage to Gypsum Board” (SPX2511) recommending: “Gypsum board that has been exposed to sewage or floodwaters … In Albrecht v.

    Cited 0 timesPublished
  • Johnson Controls World Services, Inc. v. United States

    48 Fed. Cl. 182 · United States Court of Federal Claims · Nov 8, 2000

    See Johnson Controls World Servs., Inc. v. … Celo-tex, 477 U.S. at 325, 106 S.Ct. 2548 (1986); see also Assets Service Corp. v.

    Cited 0 timesPublished

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