Case law
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1.01s
54 Fed. Cl. 459 · United States Court of Federal Claims · Nov 21, 2002
when taken as a whole evidenced a sufficient meeting of the minds to establish mutuality of intent to contract.” … Although not clearly enunciated by the parties, there appear to be four separate types of possible compensation to be claimed in two distinct categories.
Cited 20 timesPublishedRichmond American Homes of Colorado, Inc. v. United States
75 Fed. Cl. 376 · United States Court of Federal Claims · Feb 22, 2007
According to the Defendant, the Plaintiffs do not qualify for indemnification because the costs for which it seeks reimbursement did not stem from “any suit, claim, demand or action, liability, judgment, cost or other fee … In the present matter, the Defendant attempts to establish a genuine issue for trial on causation.
Cited 6 timesPublishedP. v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 10, 2022
However, that assessment was offered by an orthopedics PA, without direct consultation with the neurologist who would be more qualified to make that assessment. … The criterion is intended to “clearly associat[e]” SIRVA with vaccine injection. Id.
Cited 0 timesUnpublishedGeneral Mills, Inc. and Subsidiaries v. United States
123 Fed. Cl. 576 · United States Court of Federal Claims · Oct 15, 2015
The principle is well-established “that, in most contexts, ‘a precisely drawn, detailed statute pre-empts more general remedies.’” … Pointing to plaintiff’s concession that LCU interest qualifies as an affected item, defendant asserts that plaintiff’s claim is attributable to partnership items. Id. 11–13; cf.
Cited 2 timesPublishedReynolds v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 12, 2019
Geddes’ locale of Reno, NV, would qualify him to receive in-forum rates for his work. … Additionally, block billing, or billing large amounts of time without sufficient detail as to what tasks were performed, is clearly disfavored. Broekelschen v.
Cited 0 timesUnpublishedTyger Construction Co. v. United States
38 Cont. Cas. Fed. 76,499 · United States Court of Federal Claims · Mar 31, 1993
While the Court noted that equitable suits more clearly required such mitigation, the Court applied the exception equally to suits at law. … The Fifth and Seventh Circuits have established the date of invoicing as the accrual date for the FCA. See United States v.
Cited 42 timesPublishedSeneca Sawmill Company v. United States
United States Court of Federal Claims · Aug 19, 2022
It has therefore failed to establish its entitlement to additional damages under CT9.52. B. … At the government’s request, and without 26 objection by Seneca, the Court qualified Mr. Bishop as an expert in Forest Service timber appraisal.
Cited 0 timesPublishedChester v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 18, 2019
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 … whether there is a small fiber neuropathy responsible for the painful sensory symptoms that he has is certainly raised and reasonable to consider…Small fiber involvement could be the sole feature of an acute or chronic immune
Cited 0 timesUnpublishedTorres v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 30, 2025
Finally – and the key question in most cases under the Program – the petitioner must also establish a causal link between the vaccination and the injury. … However, while the “other condition or abnormality” at issue must qualify as an explanation for the petitioner’s symptoms, it “need not be a better or more likely explanation.” French v.
Cited 0 timesUnpublishedIdeal Innovations, Inc. v. United States
United States Court of Federal Claims · May 21, 2020
Nor will the requirements of reduction to practice or use be satisfied by a construction clearly designed and intended as a model and nothing more. … Defendants argue that the REF qualifies as a funding agreement under the Act; therefore, if the armored vehicle was first actually reduced to practice during the REF Contract, then the Government has a license.
Cited 0 timesPublishedUnited States Court of Federal Claims · Jul 19, 2022
App’x 162, (stating that to establish a prima facie case for wrongful imprisonment, a plaintiff need only allege the information required by 28 U.S.C. § 2513). These cases typically rely on Fisher v. … Cir. 1994) (affirming dismissal by the Court of Federal Claims, due to lack of subject- matter jurisdiction, of a complaint that alleged tort and criminal violations by judicial officials because the dismissal was “so clearly
Cited 0 timesUnpublishedFraser v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 27, 2019
As discussed below, the record clearly establishes that Petitioner has Raynaud’s (although it does not substantiate her claim of reactive arthritis). … Selvaraj, et al., A Rare Case of Raynaud’s Vasculitis Secondary to Hepatitis B Vaccination: The Induced Auto-Immune Attack Syndrome, 1 Case Reports in Internal Med. 17 (2014), filed as Ex. 9 (ECF No. 24-2) (“Selvaraj”).
Cited 0 timesUnpublishedANKLAM v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Dec 26, 2023
Vennemann et al., Do Immunizations Reduce the Risk for SIDS? … Vargas opined N.A.’s death does not qualify as SIDS. Resp. Ex. C at 5; see also Tr. 163-64 (testifying there is a “strict age cut-off” at “one year of age”).
Cited 0 timesUnpublished53 Fed. Cl. 381 · United States Court of Federal Claims · Aug 27, 2002
Special Agent Matthews clearly (under the FBI’s internal rules) did not have contracting authority, either express or implied, to make any compensation promise to Peni. … This statute established the "Justice Assets Forfeiture Fund." 28 U.S.C. § 524 (c)(1).
Cited 12 timesPublishedAuch v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 16, 2017
Auch’s immune system appeared to be “hypersensitive” to the flu vaccine, as evidenced by her initial immediate reaction, noting that he had (when treating Ms. … they may occur), I deem him somewhat less qualified on the topic of EMGs than Dr.
Cited 0 timesUnpublished119 Fed. Cl. 494 · United States Court of Federal Claims · Jan 27, 2015
contacted captain orlandella, this time by letter and again requested to be excused from the December 2006 annual training, citing to Army Regulation 140-1, chapter 3, 1J 3-12(eX1), but he did not explain why hi specifically qualified … Clearly, 2LT McClellan has not performed his assigned duties as directed.
Cited 0 timesPublishedRolshoven v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 2, 2018
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 … That rate is in turn determined by the “forum rule,” 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).
Cited 0 timesUnpublishedHarrington v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 19, 2018
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 … That rate is in turn determined by the “forum rule,” 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).
Cited 0 timesUnpublishedFedewa v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 20, 2020
involving severe sequelae requiring life care plans to assess prospective damages, to cases in which the petitioner nearly or completely recovers shortly after the six month minimum duration of symptomatology required to qualify … Fedewa’s affidavit and medical records establish GBS interfered with his ability to work. He was unable to return to his dental repairman position for three months after his hospitalization.
Cited 0 timesPublishedLand v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 3, 2014
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 states that although she does not believe petitioner has established entitlement to compensation by a preponderance of the evidence, respondent “elects not to expend its limited resources to retain an expert to
Cited 0 timesUnpublished
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