Case law

Glenn Defense Marine (Asia), PTE Ltd. v. States

105 Fed. Cl. 541 · United States Court of Federal Claims · Jul 17, 2012

By contrast, the Primary Contracting Officer/Source Selection Authority determined that “pricing transparency has been an area where MLS has clearly excelled,” noting them “long and established past performance history of … and set aside agency action, findings, and 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

Delzer v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 26, 2019

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 … 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, D.C., for Vaccine Program cases).

Donahue v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 12, 2025

First, the record clearly reflects that Ms. Hilvers suffered from arthritis in her index finger prior to vaccination, as well as significant cervical issues both prior to and after vaccination. … To establish the required six-month severity, Petitioner must provide preponderant evidence connecting the later symptoms Ms.

Fireman's Fund Insurance v. United States

92 Fed. Cl. 598 · United States Court of Federal Claims · May 26, 2010

McDonough could not establish delay on the critical path. Mr. … The court would not have qualified her to give expert opinion testimony under Fed.R.Evid. 702. .

M.A. Mortenson Co. v. United States

42 Cont. Cas. Fed. 77,264 · United States Court of Federal Claims · Feb 23, 1998

This failure results from a lack of fusion and is clearly a manufacturing defect. … The ANSI Standard B31.3, as incorporated into the contract, clearly requires the defendant to comply with the piping code when establishing “requirements for design, construction, examination, inspection, and testing” for

Belka v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 3, 2022

The criteria establishing a SIRVA under the accompanying QAI are as follows: Shoulder injury related to vaccine administration (SIRVA). … Thus, and as I stated during the expedited hearing, all elements of a Table SIRVA claim have been preponderantly established. C.

Cunningham v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 29, 2017

* vaccination; Standard of review; Althen; * Failure to establish causation; Autism SECRETARY OF HEALTH AND … Petitioner clearly misunderstands the connection Special Master Hastings has drawn between head-banging and autism.

Davis v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 17, 2024

While the Federal Circuit has not interpreted what qualifies as “generally recognized actuarial principles and projections,” the Court of Federal Claims has recognized in the broader context that “the determination of compensation … Petitioner has clearly lost the ability to do something he once enjoyed as a result of his injury.

Banks v. United States

49 Fed. Cl. 806 · United States Court of Federal Claims · Jul 31, 2001

The six-year limitation is “ ‘an express limitation on the Tucker Act’s waiver of sovereign immunity.’ ” Franconia Assocs. v. United States, 240 F.3d 1358 , 1362 (Fed. Cir.2001) (quoting Hart v. … The court explained that the taking must be dated from the time that “it first became clearly apparent ... that the intermittent flooding was of a permanent nature.” Id., 538 F.2d at 873 .

Gordon v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 30, 2022

Chen stated that “ADEM is an immune mediated disorder in which an individual’s immune system inappropriately targets the nervous system after a provoking factor.” Pet. Ex. 30 at 7. … To be compensated, the petitioner must establish a causal link between the vaccination and the injury.

Decker v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 27, 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 … Respondent further noted that the retention agreement signed by Petitioner and her counsel was not “excessively ‘costly,’” and that the hardship was experienced by Petitioner’s counsel, not Petitioner herself, thus not qualifying

Torres Advanced Enterprise Solutions, LLC v. United States

133 Fed. Cl. 496 · United States Court of Federal Claims · Jul 31, 2017

Guillory wrote: The FAR clauses which are incorporated by reference into the contract clearly put the burden of implementing quality control onto the contractor. … Torres has used more than 20 qualified guards, including several Senior Guards, as Mobile Patrol drivers in a constant search to improve the work of the [local guard force], specifically the Mobile Patrols.

Achanzar v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 30, 2026

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 … On November 25, 2024, the Chief Special Master dismissed petitioner’s Table SIRVA claim, finding that petitioner could not establish the regulatory requirements for a Table SIRVA injury, including the persistence of a qualifying

BAUER v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Oct 18, 2024

Dorland’s at 480. 23 patient] to qualify for a level [three].” Tr. 182:21–24. Dr. … Jarvis did not clearly describe what he meant by “everything” that came with the timing of Mr. Bauer’s vaccine. As such, Petitioner is unable to establish actual causation by a preponderance of the evidence.

Newimar, S.A. v. United States

United States Court of Federal Claims · Nov 17, 2022

The Opinion includes a thorough analysis of the Administrative Record and reflects that the Court correctly rejected, on two separate bases, Plaintiff’s merits argument that J&J was not qualified to be the awardee due … Plaintiff merely makes the conclusory statement that because the procurement involved “only two bidders that were weighted equally on all the listed factors, the use of the undisclosed factor was clearly instrumental in

Sofitc3, LLC v. United States

United States Court of Federal Claims · Aug 21, 2025

In contrast, Plaintiff does not clearly explain how it came to its calculations. … Conclusion SOFITC3 failed to establish the Agency’s decision to award this contract to Delviom lacked a rational basis.

Tpmc-Energysolutions Environmental Services 2008, LLC v. United States

United States Court of Federal Claims · Mar 28, 2025

Nevertheless, while “CLIN 0001AA, Project Cost,” was “established as a Firm Fixed Price CLIN,” “CLIN 0002AA, Travel Cost,” was “established as a Cost Reimbursable CLIN.” … The internal email exchange of May 3, 2013, between plaintiff’s employees clearly states that Dr.

Robinson v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 27, 2026

While the “other condition or abnormality” at issue must qualify as an explanation for the petitioner’s symptoms, it “need not be a better or more likely explanation.” French v. … Conclusion Petitioner clearly suffered and he does have my sympathy.

Textron, Inc. v. United States

74 Fed. Cl. 277 · United States Court of Federal Claims · Nov 17, 2006

established.” … O-Teeh could not qualify as an awardee, as it still held a valid “red” rating for range.

Sanders v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 23, 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 … Petitioner requested that deadlines for this case bee stayed until a determination whether she qualifies for an appointment in the specialized program. Id.