Case law

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  • 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
  • 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
  • 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
  • Advanced Management Strategies Group, Inc. v. United States

    United States Court of Federal Claims · Nov 20, 2025

    Domenico Garufi v. … Harkcon stated “other individuals . . . would come on board to take over [Mr. [XXX]’s program manager] roles” on the contracts in Virginia. Tr. at 12:12–14. Mr.

    Cited 0 timesPublished
  • Dynacs Engineering Co. v. United States

    48 Fed. Cl. 614 · United States Court of Federal Claims · Feb 21, 2001

    The agency’s Source Evaluation Board (SEB) then identified to both offerors the weaknesses in their respective proposals and posed related questions. … In MVM, Inc. v.

    Cited 33 timesPublished
  • Phipps v. United States

    126 Fed. Cl. 674 · United States Court of Federal Claims · Apr 26, 2016

    In February 2012, BNSF intended to abandon the 5.95-mile railroad corridor at issue and sought abandonment authorization from the United States Surface Transportation Board (STB). … (quoting Webb's Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155, 161 (1980) (quoting Bd. of Regents v. Roth, 408 U.S. 564, 577 (1972))) (omission in original). In Oregon ex rel. State Land Board v.

    Cited 1 timesPublished
  • MacHado v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 7, 2019

    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
  • Anchorage, a Municipal Corporation v. United States

    119 Fed. Cl. 709 · United States Court of Federal Claims · Jan 22, 2015

    As a result of MarAd denying ICRC’s certified pass-through claim, ICRC bought three claims under the Contract Disputes Act of 1978 to the Civilian Board of Contract Appeals. Compl. at ¶ 72. … Sullivan v. United States, 625 F.3d 1378, 1379-80 (Fed. Cir. 2010) (citing Anderson v. United States, 344 F.3d 1343, 1351 (Fed. Cir. 2003)).

    Cited 8 timesPublished
  • Technical College of the Low Country v. United States

    United States Court of Federal Claims · Feb 13, 2020

    BACKGROUND Detailed descriptions of the statutory and regulatory context of this case, initial acquisition of the land in question, and proceedings before the Surface Transportation Board are provided in the court … NRG Co. v. United States, 31 Fed. Cl. 659, 670 n.8 (1994).

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

    United States Court of Federal Claims · Oct 15, 2019

    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
  • Vanore v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 27, 2024

    Monsell is board certified by the American Board of Otolaryngology—Head and Neck Surgery and holds a Certificate of Added Qualifications from the same board in Neurotology. Id.; Monsell CV at 1. … He is board certified by the American Board of Otolaryngology-Head and Neck Surgery with a sub-specialty certification in Otology, Neurology, and Skull Base Surgery. Ward Rep. at 1; Ward CV at 11. Dr.

    Cited 0 timesUnpublished
  • Emery v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 21, 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
  • Anderson v. United States

    73 Fed. Cl. 199 · United States Court of Federal Claims · Sep 29, 2006

    to pay contractors, companies and other entities more quickly than under the then existing system and procedures, thereby diminishing the need for delinquency reports and other agency activities, resulting in across-the-board … See Fleming v.

    Cited 5 timesPublished
  • Vfa, Inc. v. United States

    118 Fed. Cl. 735 · United States Court of Federal Claims · Oct 29, 2014

    Instead, SMS funding allocations emanate primarily from the SMS Configuration Support Panel (“CSP”) of the Installations & Environment Functional Business Governance Board. Def.’s Resp. to Pl.’s Supp. Mem. at 11. … Cl. 300 (2008), Google, Inc. v. United States, 95 Fed. Cl. 661 (2011), and McAfee, Inc. v. United States, 111 Fed. Cl. 696 (2013).

    Cited 7 timesPublished
  • Evideo Owners v. United States

    United States Court of Federal Claims · May 16, 2016

    Ogunniyi v. United States, 124 Fed. … See Brown v. United States, 80 F. App’x 676, 678 (Fed. Cir. 2003) (holding that RCFC 60(b)(1) does not provide grounds for relief from judgment when a plaintiff argues only that the Court erroneously applied the law).

    Cited 0 timesUnpublished
  • Tupitza v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 6, 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
  • Allen v. United States

    United States Court of Federal Claims · Nov 6, 2018

    First, upon receiving a recommendation for disqualification,6 the “appropriate SDDC office will review the recommendation and related facts to determine if a [Transportation Service Provider Review Board (“TRB”)] should … Lublin Corp. v.

    Cited 0 timesPublished
  • PSI Energy, Inc. v. United States

    59 Fed. Cl. 590 · United States Court of Federal Claims · Mar 1, 2004

    Board of Governors v. Dimension Financial Corp., 474 U.S. 361, 373 , 106 S.Ct. 681 , 88 L.Ed.2d 691 (1986). … Nat'l Bank v.

    Reversed on other grounds by Psi Energy, Inc. And Cincinnati Gas & Electric Co. v. United States, 411 F.3d 1347 (2005)Cited 5 timesPublished
  • Walters v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 2, 2021

    Feb. 10, 2005) (finding no reasonable basis when petitioner submitted an affidavit and no other records); Brown v. Sec'y Health & Hum. Servs., No. 99-539V, 2005 WL 1026713, *2 (Fed. Cl. Spec. Mstr. … See Rochester v. United States, 18 Cl.

    Cited 0 timesPublished

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