Case law

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  • 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. .

    Cited 8 timesPublished
  • Hicks v. United States

    89 Fed. Cl. 243 · United States Court of Federal Claims · Sep 18, 2009

    Accordingly, “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recov-ery_” Ace-Federal Reporters, Inc. v. … Corp., 518 F.Supp. 102, 114 (E.D.Pa.1981) (finding testimony of owner of damaged business may be sufficient to support a verdict on damages where owner is qualified by experience and position to make damages estimates); see

    Cited 4 timesPublished
  • 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.

    Cited 9 timesPublished
  • Gregory v. United States

    United States Court of Federal Claims · Oct 31, 2020

    However, the risk does remain (less than 5%) and can occur at any time in 5 Plaintiff’s 21.9% rating calculation based on the Combination Table in the VASRD is not clearly set out. … Gregory the minimum required 30% rating to qualify for military disability retirement.

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

    United States Court of Federal Claims · Jun 27, 2022

    Respondent’s experts are well-qualified, as evidenced by their CVs that have been filed into the record. See, e.g., Ex. EE, CV of Dr. Lee. Petitioner has not demonstrated that Dr. … It is to establish the reliability to see if the Court may afford it sufficient weight to a preponderance.”). Accordingly, I will assess the relative weight that I afford to Dr.

    Cited 0 timesUnpublished
  • Zin Technologies, Inc. v. United States

    United States Court of Federal Claims · Nov 19, 2024

    ZIN Tech asserts that ZIN Tech’s proposal “should have received a strength” because it “proposed ten key personnel, and identified highly-qualified personnel for each position,” while SLI only identified six key personnel … AR 8885 (“In MP2, the proposed received a strength for an effective multi- contractor integrated team with highly qualified key personnel in the Program Management positions.”); see also AR 8586, 8694.

    Cited 0 timesUnpublished
  • Burton v. United States

    United States Court of Federal Claims · Nov 20, 2025

    Cl. at 785 (explaining that “the silence of the IRS simply does not qualify as an acceptance by the government” based on a letter sent from the plaintiff to the IRS); Heydt v. United States, 38 Fed. … allegation is based on the Government’s use of his name in court filings and proceedings in the district court criminal case underlying the allegations in the Complaint, but such guesswork just confirms that Plaintiff has clearly

    Cited 0 timesUnpublished
  • Tetra Tech Amt v. United States

    128 Fed. Cl. 169 · United States Court of Federal Claims · Aug 11, 2016

    To ensure that the contractor selected would provide NSF with sufficient qualified staff to deliver the needed support services, the RFQ included a detailed “Labor Mix and Level of Effort Matrix.” … He explained that “[o]verall, both quoters were essentially equal in the first and fourth factors,” and that “Tetra Tech was clearly better for the third factor.” Id. at 918.

    Cited 4 timesPublished
  • Pacific Engineering Inc. v. United States

    United States Court of Federal Claims · Oct 23, 2025

    The SSEB further found PEI provided insufficient detail in its proposal to show that it had an adequate contingency plan which could be put into effect on time if it was ultimately found not qualified to produce the laminate … In its report, the SSEB noted PEI did not clearly state that the spare parts list it submitted with its proposal matched the list that TECHFIRST provided to it. AR Tab 54 at 6624.

    Cited 0 timesPublished
  • Elevated Technologies, Inc. v. United States

    United States Court of Federal Claims · Jun 3, 2022

    the key personnel, the contractor itself was required to be “a licensed elevator mechanic from a state with a licensed elevator mechanic requirement within the United States of America,” as well as insured and otherwise qualified … Rather, the protestor must demonstrate that injunctive relief is warranted through application of the well-established four factor test.

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

    United States Court of Federal Claims · Nov 9, 2021

    Petitioner’s immunization record indicates that she received the vaccine in her left deltoid. Pet’r’s Ex. 4 at 1, ECF No. 5-4. … Petitioner noted that for this vaccination she was sitting on the examination table, but with “all the immunizations [she’s] gotten, [she] rarely ever g[o]t on immunization in the doctor’s office.” Tr. 26:24–25, 27:1.

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

    United States Court of Federal Claims · Jun 2, 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 … qualified attorneys in the forum where the relevant court sits (Washington, D.C., for Vaccine Program cases). Avera, 515 F.3d at 1348.

    Cited 0 timesUnpublished
  • Sev1tech, Inc. v. United States

    United States Court of Federal Claims · Mar 25, 2016

    Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of Yellow Marginal the requirements. … The revised Source Selection Plan established separate SSEBs for each of the evaluation factors.

    Cited 0 timesPublished
  • Barnes v. United States

    66 Fed. Cl. 497 · United States Court of Federal Claims · Jun 22, 2005

    United States, 47 F.3d 1140, 1144 (Fed.Cir.1995) (“[N]o court is qualified to review the substantive merits of a decision [committed to the discretion of the military], so long as the decision comports with any procedural … And, recently, Wagner clearly rejected the government’s proffered defense.

    Cited 2 timesPublished
  • Free-Pacheco v. United States

    117 Fed. Cl. 228 · United States Court of Federal Claims · Jul 16, 2014

    Plaintiff argues that a “taxpayer is required to compute income in accordance with the method that most clearly reflects income,” citing I.R.C. § 446 (2006). … Such actions would not only have helped plaintiff maintain accurate records, but also would have more clearly indicated a profit motive by plaintiff. See Hastings v.

    Cited 3 timesPublished
  • Eskridge & Associates v. United States

    United States Court of Federal Claims · Mar 27, 2019

    Training and immunization plan; 4. Compensation plan; 5. Quality control plan; and 6. Transition plan. AR 7- 161. 4 SDVOSB set-aside. … After a brief back-and-forth, the two parties agreed on language in a new solicitation that would “clearly state the evaluation criteria, particularly regarding the evaluation of the pricing of compensation.”

    Cited 0 timesPublished
  • St. Bernard Parish Government v. United States

    United States Court of Federal Claims · Apr 4, 2019

    Plaintiff has established an injury potentially traceable to defendant’s alleged conduct that could be redressed with a favorable decision by this court and, therefore, has met its burden to establish standing in the above-captioned … An unaudited, qualified balance sheet that is not prepared in accordance with the Generally Accepted Accounting Principles (GAAP) is not sufficient to establish net worth. See Scherr Constr. Co. v. United States, 26 Cl.

    Cited 0 timesPublished
  • RAMOS v. SECRETARY OF HEALTH AND HUMAN SERVICES

    United States Court of Federal Claims · Jul 3, 2024

    The vaccine is understood to be capable of causing lymph node hyperplasia, due to an exaggerated lymphatic tissue response to immune system activation. First Janai Rep. at 1. … Janai’s opinion establish a preponderant theory.

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

    United States Court of Federal Claims · Nov 1, 2022

    Temporal proximity between vaccination and onset of symptoms is a necessary component in establishing causation in non-Table cases, but without more, temporal proximity alone “fails to establish a reasonable basis for a vaccine … This constitutes sufficient evidence to establish a reasonable basis for the claim.

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

    United States Court of Federal Claims · Jul 14, 2025

    A 4 In summary, a petitioner must establish that she 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 limited … The record also clearly reflects that Petitioner received a vaccination in November 2019, and not before or after.

    Cited 0 timesUnpublished

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