Case law
Opinions from 1658 to today.
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1.11s
United States Court of Federal Claims · Jun 4, 2021
As explained above, to plead that the DCAC qualified as work, Plaintiff must allege that it was (1) “for the benefit” of DOD, 5 C.F.R. § 551.401(a); (2) “controlled” by DOD, id., and (3) “suffered or permitted” by DOD, meaning … Defendant does not clearly explain its distinction between the DCAC and the required coursework, especially given Plaintiff’s allegation — which must be taken as true — that the after-hours coursework was itself mandatory
Cited 0 timesPublishedDecker 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
Cited 0 timesUnpublishedThermoCor, Inc. v. United States
40 Cont. Cas. Fed. 76,955 · United States Court of Federal Claims · May 1, 1996
Plaintiff claims that such overruns qualify as a cardinal change under Saddler v. United States, 152 Ct.Cl. 557 , 287 F.2d 411 (1961). … Defendant also asserts that because the contract was a performance specification contract, plaintiff was “clearly responsible for any ‘uncertainties’ in performing” the work.
Cited 37 timesPublishedSanders 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.
Cited 0 timesUnpublished53 Fed. Cl. 530 · United States Court of Federal Claims · Aug 29, 2002
Smelser cannot establish that he was wrongfully denied the heat exchangers. … Any modified request for discovery must be clearly written; well-organized; and above all, narrowly tailored.
Cited 4 timesPublished3rd Eye Surveillance, LLC v. United States
United States Court of Federal Claims · Sep 25, 2018
parties under 35 U.S.C. § 271 in the following respects: [S]ection 1498 is a waiver of sovereign immunity only with respect to a direct governmental infringement of a patent. … Courts have recognized, however, that “a patentee may choose to be his own lexicographer and use terms in a manner other than their ordinary and customary meaning, as long as the special definition of the term is clearly
Cited 0 timesPublishedQuinones v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 30, 2019
Shafrir) had “not provided the exact immune mechanism which is the basis of [Y.Q.’s] vaccine related injury . . . . The reason for this omission is simply because an exact immune mechanism is not known. … Cir. 1993) (once the initial injury has been established, petitioner must establish by a preponderance of the evidence that the initial injury caused the sequela).
Cited 0 timesUnpublishedComo v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 3, 2021
Counsel has now proceeded to litigating causation in fact and has filed an initial report from a qualified expert. The requested fees and costs surpass the minimum thresholds. … The petitioner “bea[rs] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson, 24 Cl. Ct. at 484.
Cited 0 timesUnpublishedMorse Diesel International, Inc. v. United States
66 Fed. Cl. 788 · United States Court of Federal Claims · Jul 15, 2005
465 , 123 S.Ct. 1126 , 155 L.Ed.2d 40 (2003), the United States Supreme Court explained that: [tjhis “fair interpretation” rule demands a showing demonstrably lower than the standard for the initial waiver of sovereign immunity … The record clearly established that the purpose of the fee commission splitting *800 arrangement was to “cement” Willis Car-roon’s and RHH/AON’s business relationship with AMEC, p.l.c. and MDI for all purposes.
Cited 9 timesPublishedDinh v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 13, 2022
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 … Further, Petitioner had a credible and qualified expert, who prepared several expert reports that articulated an overall-reasonable causation opinion.
Cited 0 timesUnpublishedBlue Origin Federation, LLC v. United States
United States Court of Federal Claims · Nov 18, 2021
This provision “expressly waives sovereign immunity for claims against the United States in bid protests,” covering “a broad range of potential disputes arising during the course of the procurement process.” Sys. … In cases in which an agency would be required to reopen the bidding process, the Federal Circuit has held that “all a protestor must establish to demonstrate prejudice is that . . . it is a qualified bidder and could compete
Cited 0 timesPublishedState of Texas v. United States
United States Court of Federal Claims · Nov 7, 2017
Roland Marshall, a qualified, licensed Randolph-Sheppard (RS) Manager pursuant to the Randolph-Sheppard Act.” The proposal stated further, “Mr. Marshall will provide the on-site contract management and production. … GAO explained, “Congress has specifically authorized the Secretary of Education, not our Office, to review complaints from SLAs about agency compliance with the Randolph-Sheppard Act, and since these protests raise issues clearly
Cited 0 timesPublished88 Fed. Cl. 490 · United States Court of Federal Claims · Jul 28, 2009
to the amount established above. (2) In all other eases, if a Regular Box Delivery Contract is terminated for convenience without fault on the part of the supplier, liquidated damages for the termination will be established … An outright denial of the allegations contained in the Show Cause Notice clearly addresses the issue.
Cited 11 timesPublishedSouthern Nuclear Operating Co. v. United States
77 Fed. Cl. 396 · United States Court of Federal Claims · Jul 9, 2007
About that amount of time is what we estimate to qualify and select and test a cask from a new vendor. … He has been qualified as a expert witness in several courts, including this court in Winstar-related cases and other SNF cases. (Tr. 2184—88 (Johnson).) The court qualified Mr.
Vacated in part, on other grounds by Southern Nuclear Operating Co. v. United States, 637 F.3d 1297 (2011)Cited 42 timesPublishedSeventh Dimension, LLC v. United States
United States Court of Federal Claims · Jul 27, 2022
Cir. 2018) (“An abuse of discretion occurs if the decision is clearly unreasonable, arbitrary, . . . rests on clearly erroneous fact findings; or involves a record that contains no evidence on which the [agency] could base … At the time of cancellation, the [Army] had one acceptable offeror—Seventh Dimension.”); id. at 34 (“At that point, Seventh Dimension was the only qualified offeror left in the . . . competitive range. . . .
Cited 0 timesPublishedGrapevine Imports, Ltd. v. United States
71 Fed. Cl. 324 · United States Court of Federal Claims · Jun 14, 2006
The three-year statute of limitations of section 6501(a) potentially associated with that year clearly ran before the issuance of the FPAA here. … Thus, in the hypothetical, the court did not treat section 6229(f) as establishing a separate limitations period.
Cited 23 timesPublishedHock v. Secretary of Health and Human Services
United States Court of Federal Claims · May 3, 2021
A 2015 decision established the hourly rate ranges for attorneys with different levels of experience who are entitled to the forum rate in the Vaccine Program. … It is unquestionably the case that the rates paid to qualified and competent Program experts like Dr.
Cited 0 timesUnpublishedErvin-Spencer v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 12, 2024
either in the United States 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 … 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 timesUnpublishedWeiss v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 7, 2026
and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of her injury for more than six months, died from her injury, or underwent a surgical intervention … Weiss had clearly reported to Dr. Kolettis previously (likely during her February 15, 2021 visit) that she attributed her shoulder pain to her vaccination.
Cited 0 timesUnpublishedSacramento Municipal Utility District v. the United States 09-587c &
United States Court of Federal Claims · Jan 31, 2013
judicata effect on the partial breach of Standard Contract cases filed in the United States Court of Federal Claims, because the United States Court of Appeals for the District of Columbia’s ruling was not barred by sovereign immunity … Recovery of cost of capital is barred by the no-interest rule, set forth in 28 U.S.C. § 2516, absent a clear waiver of sovereign immunity or unambiguous agreement by the Government to permit such recovery.
Cited 0 timesPublished
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