Case law

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  • St. Bernard Parish Government v. United States

    126 Fed. Cl. 707 · 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.

    Reversed on other grounds by St. Bernard Parish Government v. United States, 887 F.3d 1354 (2018)Cited 2 timesPublished
  • 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
  • Oneida, Ltd. v. United States

    43 Fed. Cl. 611 · United States Court of Federal Claims · May 6, 1999

    See Abruzzo v. … Brown Transfer and Storage Co., Inc., 141 F.R.D. 142, 143 (W.D.Mo.1990); Boring v. Keller, 97 F.R.D. 404, 407 (D.Colo.1983). . Rail Intermodal Specialists, Inc. v. General Elec.

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

    United States Court of Federal Claims · Jun 2, 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
  • Franklin-Mason v. United States

    126 Fed. Cl. 149 · United States Court of Federal Claims · Mar 30, 2016

    United States v. … Forrest, Attorney for the Federal Retirement Thrift Investment Board, to Alexander Shoaibi, Assistant United States Attorney).

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

    United States Court of Federal Claims · Jul 1, 2021

    Wallace is board-certified in rheumatology and internal medicine. Tr. at 27. Most of his time is spent in clinical practice, and he has seen over a thousand patients with RA. Id. at 27- 28. … He is board certified in internal medicine and rheumatology. Id. at 3. Dr.

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

    United States Court of Federal Claims · Jan 10, 2022

    V. … Brown & Williamson Tobacco Corp., 509 U.S. 209, 242 (1993)); Bushnell v. Sec'y of Health & Human Servs., No. 02-1648V, 2015 WL 4099824, at *12 (Fed. Cl. Spec. Mstr. June 12, 2015) (finding that “because Dr.

    Cited 0 timesPublished
  • Brickey v. United States

    United States Court of Federal Claims · May 2, 2014

    V 2011). … S 1a91(a)(1); see also Keene Corp. v. United States, 508 U.S. 200, 214 (1993); Rick's Mushroom Serv.. Inc. v. United States, 521 F.3d at 1343; Alves v. United States, 133 F.3d 1454, 1459 (Fed. Cir. 1998); Brown v.

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

    United States Court of Federal Claims · Apr 20, 2017

    Rupert v. HHS, 52 Fed. Cl. 684, 688 (2002); Avera, 515 F.3d at 1349. … V.

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

    United States Court of Federal Claims · Sep 16, 2025

    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
  • Singleton Enterprises v. United States

    United States Court of Federal Claims · Apr 14, 2014

    Plaintiff appealed that decision with the Arrned Service Board of Contract Appeals ("ASBCA"). This case was stayed pending the ASBCA’s decision. … Nova Exp. v. United States, 80 Fed. Cl. 236, 238 (2()08) (citation omitted).

    Cited 0 timesUnpublished
  • Martinez v. United States

    United States Court of Federal Claims · Feb 16, 2017

    See Brown v. United States, 105 F.3d 621, 624 (Fed. Cir. 1997) (citing Bivens v. Six Unknown Named Agents of the Fed. Bureau ofNarcotics, 403 U.S. 388 (1971)). … (citing Brown, 105 F.3d at 623). 3 Further, even ifthe comt broadly construed Mr.

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

    United States Court of Federal Claims · Jun 3, 2024

    He is licensed to practice medicine in California, and he is board certified by the American Board of Psychiatry and Neurology and the American Board of Electrodiagnostic Medicine. Tr. at 62–63; Andersson CV at 1. … He is licensed to practice medicine in Michigan, and he is board certified by the American Board of Psychiatry and Neurology and the American Board of Electrodiagnostic Medicine. Id. Dr.

    Cited 0 timesUnpublished
  • Decisionpoint Corporation v. United States

    United States Court of Federal Claims · Jan 14, 2025

    The Army’s Source Selection Evaluation Board (“SSEB”) rated one of P&S’s PPI submissions “relevant” and the other two “somewhat relevant.” AR 2173, 2179– 80. … Bliss Co. v. United States, 77 F.3d 445, 449 (Fed. Cir. 1996); AccelGov, LLC v. United States, 170 Fed. Cl. 508, 518 (2024).

    Cited 0 timesPublished
  • Laforge & Budd Construction Co. v. United States

    48 Fed. Cl. 566 · United States Court of Federal Claims · Feb 2, 2001

    . § 605 , appealing the decision to an agency board. 41 U.S.C. § 609 . 1. … See Gardner v. Panama R.

    Cited 6 timesPublished
  • Chambers v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 16, 2022

    Zizic is board certified by the State of Maryland, Medical Examiners Physicians and Surgeons along with being grandfathered into the boards of Rheumatology, as he had worked in this area before the boards existed. … Miner is board-certified in internal medicine and rheumatology, and he testified on behalf of Respondent, while also submitting two written expert reports.

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

    United States Court of Federal Claims · Apr 13, 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
  • Matzner v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 20, 2025

    Mallori Browne Openchowski, United States Department of Justice, Washington, DC, for Respondent. … Rochester v. U.S., 18 Cl. Ct. 379, 387 (1989); Dingle v. Sec’y of Health & Human Servs., No. 08-579V, 2014 WL 630473, at *4 (Fed. Cl. Spec. Mstr. Jan. 24, 2014).

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

    United States Court of Federal Claims · Sep 12, 2025

    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
  • Harris v. United States

    United States Court of Federal Claims · Dec 5, 2014

    Brown v. United States, 74 Fed. Cl. 546, 550 (2006). … Brown, 74 Fed. CL at 550.

    Cited 0 timesUnpublished

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