Case law

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.

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

Sawyer v. Secretary of Health and Human Services

United States Court of Federal Claims · May 20, 2026

The Vaccine 4 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 … Petitioner has established by preponderant evidence that all Table SIRVA and QAI requirements are established. Further, she has established all statutory requirements for entitlement.

Prochazka v. United States

104 Fed. Cl. 774 · United States Court of Federal Claims · Apr 30, 2012

On December 8, 1967, the Judge Advocate General Corps (“JAGC”) of the Navy was established by Congress. See Act of Dec. 8, 1967, Pub.L. No. 90-179, 81 Stat. 545 (1967). … (emphasis added)). 31 In addition, the title of the 1968 Act, ie., “An Act to amend title 10, United States Code, to correct an inequity affecting officers of the Supply Corps and Civil Engineer Corps of the Navy” clearly

T. v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 4, 2024

For example, the record in this case clearly establishes that Petitioner had a 24 documented history of right limb pain and issues. … Callaghan (who clearly possesses more first­ hand expertise in evaluating this specific sort of neuropathy than Dr.

American K-9 Detection Services, LLC v. United States

United States Court of Federal Claims · Aug 16, 2021

The government explains AMK9, along with four other offerors, submitted proposals that “qualified for both canine detection and alarm resolution.” Id. … The solicitation does not appear to state what qualifies as a minor informality or irregularity or how the government should waive such informalities or irregularities.

Siemens Government Technologies, Inc. v. United States

United States Court of Federal Claims · Jul 30, 2026

Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests). … The Claims Court correctly held that 22nd Century’s challenge here “is clearly made in connection with the issuance of a task order and is therefore barred by FASA.

Bodepudi v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 4, 2025

The record, he contends, demonstrates that all applicable QAI’s have been met and all elements of a Table SIRVA are established. Id. … However, the records of Petitioner’s PT clearly display an improvement of ROM. One notes that regarding cervical ROM, “60 degrees rotation L improved to 75 degrees rotation L following tx.” Ex. 2 at 8.

Arxium, Inc. v. United States

United States Court of Federal Claims · Feb 16, 2018

, 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 … Clearly, the errors detailed above were to ARxIUM’s prejudice, as “there was a ‘substantial chance’ it would have received the contract award but for the errors.” Bannum, 404 F.3d at 1353 (citations omitted).

Hvf West, LLC v. United States

United States Court of Federal Claims · Sep 18, 2020

The photos clearly represented large piles of tires throughout the property. … The photos clearly represented large piles of tires throughout the property.

Salazar v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 5, 2024

Prapti Kuber for chronic shoulder pain “post immunization performed in 2017.” Ex. 3 at 24. Dr. Kuber recommended that he see an orthopedist, and ordered a low bunk for his safety. Id. … Rather, Respondent asserts, Petitioner’s first treatment was over a month after vaccination, at which point he stated he had been experiencing shoulder pain since three or four days after vaccination – clearly placing onset

Barna v. United States

127 Fed. Cl. 253 · United States Court of Federal Claims · Jun 21, 2016

Finally, in Fucik, the court ordered a remand to the Merit Systems Protection Board (MSPB) on an issue that “was not clearly raised” before the MSPB, because, with the benefit of the briefing before it, the court was “able … However, where regularly scheduled selection boards are tasked with selecting the "best and fully qualified" Marines; remedial boards are tasked with selecting "fully qualified" Marines, as allocation restrictions

Jeanpierre, IV v. United States

United States Court of Federal Claims · Mar 25, 2025

The Board shall reconsider its findings to ensure its conclusions and analysis are consistent with this Opinion and clearly apply the principles of liberal consideration as set forth below. I. … To qualify for benefits, the Board must find that the disability is permanent, incurred while on active duty, and not the result of intentional misconduct. DoDD 1332.18 ¶ 3.3.1.2–3.3.3.

Pisani v. Secretary of Health and Human Services

United States Court of Federal Claims · May 7, 2026

Even when a petitioner establishes good faith and reasonable basis, “a special master retains discretion to grant or deny attorneys’ fees.” James Cornelius, 984 F.3d at 1379. Here, as a matter of discretion, Mr. … Justice’s deposition testimony, the Court found that he was “nothing more than a ‘highly qualified puppet’ and the opinions in his report do not reflect his own reasoned views of the case.” Id. at 945.

Dennis v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2026

The criteria 3 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 … This same record states that her pain began after receiving a flu vaccine in December 2020 (when she clearly did not receive a flu vaccine that month). Ex. 4 at 15.

Horton v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 30, 2018

Counsel states that he was unable to establish a guardianship in the Bojan case as the petitioner never followed through with establishment (and later turned eighteen), rendering the guardianship unnecessary. Id. … 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). Avera, 515 F.3d at 1348.

NCLN20, Inc. v. United States

99 Fed. Cl. 734 · United States Court of Federal Claims · Jul 21, 2011

owned and controlled by socially and economically disadvantaged individuals which has previously completed its period of Program Participation^]” 15 U.S.C. § 637 (a)(1)(C) (2006); see also 13 C.F.R. § 124.101 (2011) (a qualifying … In this case, NCLN20 has failed to establish how it was prejudiced by GSA’s failure to inform the SBA. .

Tyger Construction Co. v. United States

39 Cont. Cas. Fed. 76,627 · United States Court of Federal Claims · Feb 18, 1994

Sanchez, this table clearly indicated that the limiting speed is below 1,400 RPM. Finally, Mr. … The Buffalo Forge test, however, clearly showed that the fan produced 7.5 inches static pressure.

Zahringer v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 11, 2017

On October 22, 2012, B.Z. received an influenza immunization. Pet. Ex. 1 at 137. … “qualifies for special education as a child demonstrating an Early Childhood Developmental Delay.” Id. at 11.

Johnson Lasky Kindelin Architects, Inc v. United States

United States Court of Federal Claims · Dec 23, 2020

That is quite clearly a tort theory of damages and thus “sound[s] in tort.” 28 U.S.C. § 1491(a)(1). … Here, in contrast, the damages theory on which the CO predicated the sum certain claim is clearly one sounding in tort.