Case law

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  • Spiller v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 12, 2025

    area but qualifying for a limited exception and has not filed a civil suit or collected an award or settlement for his or her injury. … Entitlement Brief at 9.11 And what Petitioner was referring to was clearly her vaccination. Accordingly, Petitioner did in fact identify onset based on the date of vaccination as a reference point. Id.

    Cited 0 timesUnpublished
  • Zanzarella v. United States

    United States Court of Federal Claims · Dec 15, 2025

    The Trails Act permits intervention by qualified private organizations or public agencies to railbank the corridor before abandonment is consummated by agreeing to serve as a trail operator in the interim. 16 U.S.C. § 1247 … The trial court determined the deed “clearly and unambiguously” contemplated that the easement may be used for purposes beyond the railroad.

    Cited 0 timesPublished
  • Tri-State Motor Transit Co. v. United States

    39 Fed. Cl. 485 · United States Court of Federal Claims · Nov 5, 1997

    This general grant of jurisdiction to the ICC is qualified by other provisions in Subchapter II, Motor Carrier Transportation, and by other provisions of law. 4 Motor common carriers subject to the ICC are required to establish … Clearly, the court’s procedure in common carrier cases needs to be revised.

    Cited 4 timesPublished
  • Gray v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 29, 2025

    And when she returned in December for an appointment specifically for her shoulder pain, she clearly reported that her pain began just after vaccination. Id. at *12. … The Vaccine 8 In summary, a petitioner must establish that he received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a

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

    United States Court of Federal Claims · Nov 22, 2019

    Tornatore’s work from 2016-2017 at the previously established rate of $400.00 per hour. Concerning Dr. … Tornatore’s testimony (that petitioner experienced a systemic immune response after receipt of the third vaccine dose), and that petitioner did not present a plausible theory supported by reliable evidence.

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

    United States Court of Federal Claims · Jan 17, 2024

    Petitioner also complained of “a ‘vaccine injury’ from a Tdap immunization in 2019. . . . He state[d] he has continued arm pain and decreased movement of his shoulder.” Id. … Prison Mailbox Rule The Supreme Court in Houston established the prison mailbox rule. 487 U.S. 266.

    Cited 0 timesUnpublished
  • PlanetSpace Inc. v. United States

    92 Fed. Cl. 520 · United States Court of Federal Claims · Apr 26, 2010

    -made, qualifying country, or designated country end product.” Id. … would have established that, et cetera.

    Cited 102 timesPublished
  • Ryan-Walsh, Inc. v. United States

    41 Cont. Cas. Fed. 77,136 · United States Court of Federal Claims · Mar 17, 1997

    Because of the lack of available qualified union labor in the area, these additional work gangs included many inexperienced employees. … The costs were visible because RWI's accounting system had clearly marked categories identifying them.

    Cited 3 timesPublished
  • Scott Timber Co. v. United States

    42 Cont. Cas. Fed. 77,312 · United States Court of Federal Claims · Mar 12, 1998

    The Court finds that this initial suspension was clearly authorized by contract *501 clause C6.01(b), which vests the Forest Service with the power to suspend the contracts if necessary “[t]o comply with a court order.” … In particular, the government cannot establish that the non-occurrence of the listing of the marbled murrelet was a basic assumption of the contract.

    Reversed on other grounds by Scott Timber Company v. United States, 333 F.3d 1358 (2003)Cited 18 timesPublished
  • Cherbanaeff v. United States

    77 Fed. Cl. 490 · United States Court of Federal Claims · Jul 12, 2007

    Thus, in order to establish jurisdiction, the plaintiffs must allege a money-mandating claim. … As the United States Supreme Court held, “Despite its spacious terms, § 1346(a)(1) must be read in conformity with other statutory provisions which qualify a taxpayer’s right to bring a refund suit upon compliance with certain

    Cited 23 timesPublished
  • Net Results, Inc. v. United States

    112 Fed. Cl. 133 · United States Court of Federal Claims · Aug 6, 2013

    The party invoking federal jurisdiction bears the burden of establishing standing. See Lujan, 504 U.S. at 560-61. … Therefore, without the qualifying term “ranging,” claims 1 and 6 fail to describe “the location of the perceived object, such as by providing the distance to the object or its depth below ground.” Pl.

    Cited 2 timesPublished
  • Robert W. and Margaret E. Alexander Revocable Trust v. United States

    United States Court of Federal Claims · Feb 18, 2022

    requires a showing of “extraordinary circumstances” to extend the NITU period beyond three one-year extensions); CSXT, AB 55 (Sub-No. 775X) (STB served Feb. 17, 2022) at 3 (“New Albany’s and Indiana Trails Fund’s requests qualify … While the Federal Circuit made it clear that causation is an essential element of Trails Act takings claims, it has not clearly articulated the applicable standards for evaluating causation.

    Cited 0 timesPublished
  • Hernandez, Kroone and Associates, Inc. v. United States

    United States Court of Federal Claims · Jan 23, 2014

    circumstances [that] make an award unjust;” (4) any fee application must be submitted to the court within thirty days of final judgment in the action and also be supported by an itemized statement; and (5) a qualifying … The size of recovery, however, clearly does not control determination of prevailing party status. In Farrar v.

    Cited 0 timesUnpublished
  • Chevron U.S.A., Inc. v. United States

    110 Fed. Cl. 747 · United States Court of Federal Claims · May 8, 2013

    DOE requested Congress to authorize DOE’s Secretary to immunize the Equity IPE. JE 1257; JE 1258 (5/9/06 letter from DOE’s Seeretai’y to the Speaker of the House of Representatives). … These examples establish that *797 Ms.

    Cited 5 timesPublished
  • Deseret Management Corporation v. United States

    112 Fed. Cl. 438 · United States Court of Federal Claims · Aug 22, 2013

    * established. … Procedures for the issuance of an appropriate judgment are established. I.

    Cited 8 timesPublished
  • Todd v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 30, 2020

    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 … Aradillas-Lopez was qualified to testify within the Program, and I found his testimony generally helpful in resolving the case.

    Cited 0 timesUnpublished
  • Labonte v. United States

    United States Court of Federal Claims · May 2, 2023

    If it “appears the Soldier is not medically qualified to perform duty,” the medical treatment facility commander “will refer the Soldier to a MEB.” … The plaintiff’s 2004 intake form at the Fort Hood Mental Health Clinic indicates that the plaintiff did not think himself mentally qualified to perform his duties.

    Cited 0 timesUnpublished
  • Hernandez, Kroone and Associates, Inc. v. United States

    United States Court of Federal Claims · Jan 23, 2014

    circumstances [that] make an award unjust;” (4) any fee application must be submitted to the court within thirty days of final judgment in the action and also be supported by an itemized statement; and (5) a qualifying … The size of recovery, however, clearly does not control determination of prevailing party status. In Farrar v.

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

    United States Court of Federal Claims · May 1, 2019

    Munoz, et al., Biological Activities of Crystalline Pertussigen from Bordatella Pertussis, 33 Infection & Immunity 820 (1981), filed as Ex. 65, filed Nov. 12, 2018 (ECF No. 56-1) (“Munoz”)). Dr. … But this theory relied on a series of suppositions, not all of which were supported by the filed medical literature or clearly set forth in persuasive expert testimony. First, Dr.

    Cited 0 timesUnpublished
  • Red River Communications, Inc. v. United States

    109 Fed. Cl. 497 · United States Court of Federal Claims · Feb 15, 2013

    The waiver rule in Blue & Gold Fleet clearly states that a challenge to the terms of a solicitation is untimely and waived if filed after the bidding period. … Section 3.3.9, “Maintenance,” states: “The Contractor shall provide a worldwide maintenance solution capability (on-site and on-site per-call) for NCITNTS systems with qualified maintenance personnel, and leverage existing

    Cited 10 timesPublished

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