Case law

Desai v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 21, 2020

Symptoms of chronic immune mediated rotator cuff inflammation and tendinitis, subacromial bursitis and nerve damage.” Id. … Petitioner testified clearly and credibly that she received the vaccination in her right arm.

Caddell Construction Co. (De), LLC v. United States

United States Court of Federal Claims · Feb 5, 2020

AR 1-1 (capitalization in original). 4 After a series of amendments, see generally AR 2; AR 3; AR 4; AR 5; AR 6; AR 7, four offerors submitted proposals, all of whom had been pre-qualified, see AR 21-2899. … Caddell then argues that “where an evaluation factor is a mandatory minimum requirement, such that it can be a basis for disqualifying a proposal from award, it must be clearly stated in the [s]olicitation.” Id.

Nycal Offshore Development Corporation v. United States

United States Court of Federal Claims · Apr 7, 2020

“It is well-established that the plaintiff bears the burden of establishing the court’s jurisdiction by a preponderance of the evidence.” Brandt v. United States, 710 F.3d 1369, 1373 (Fed. Cir. 2013) (citing Taylor v. … But what qualifies as a ‘medium of exchange’ may depend on the facts of the day.”).

Trala v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 6, 2026

The criteria establishing a SIRVA under the accompanying QAI are as follows: 3 In summary, a petitioner must establish that he received a vaccine covered by the Program, administered either in the United States and its … Thus, all elements of a Table SIRVA claim have been preponderantly established. C.

Land 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

McCann Holdings, Ltd. v. the United States 0

111 Fed. Cl. 608 · United States Court of Federal Claims · Jun 27, 2013

Underwood has been qualified as an expert witness in federal court approximately 50 times, including district and bankruptcy courts in Florida. … Whitehead, 317 S.E.2d 542, 545 (Ga. 1984) (“[A]ny such inconvenience [and circuity of travel] is clearly a consideration affecting the value of Whitehead’s remaining property.”); Comm’r of Transp. v.

Blanco v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 3, 2018

These requested rates are within the appropriate hourly rate ranges established for attorneys with comparable experience as set forth in McCulloch. See McCulloch v. … Meyers is entitled to the forum rate under the test established by the Federal Circuit in Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1349 (Fed.

Mega Construction Co. v. United States

39 Cont. Cas. Fed. 76,564 · United States Court of Federal Claims · Aug 27, 1993

The photographic evidence alone clearly shows a much larger vertical displacement than Mr. … The temporary fence was clearly not on the critical path of the project.

Dolphin Park Tt, LLC v. United States

United States Court of Federal Claims · Sep 15, 2022

Shulin confirmed that GSA sent Dolphin a letter clearly marked as a ‘Deficiency Letter’ that contained items of discussion that GSA considered deficiencies.” Def. … Plaintiff establishes prejudice for purposes of standing when it shows it “could compete for the contract . . . .” Id. at 531 (quoting Impresa Construzioni Geom. Domenico Garufi v.

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 CasselR22ivvwo0h2aB3uNNJ Odoounenti46l Axbed11087244 Heage2aboii2e8 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.

Oasis International Waters, Inc. v. United States

United States Court of Federal Claims · Dec 1, 2017

It was, therefore, incumbent upon Oasis to clearly articulate its theory of recovery in its certified claim. … For these reasons, we limited findings of fraud to the $50 million claim that clearly is fraudulent Daewoo Eng’g & Constr. Co. v. United States, 73 Fed. Cl. at 595-96.

Smallwood v. Secretary of Health and Human Services

United States Court of Federal Claims · May 27, 2020

But in Kreizenbeck, the Federal Circuit clearly stated that the special masters’ authority is broader, encompassing the ability to rule on the written without hearing, under standards distinguishable from those applicable … Based upon the above, I find there is preponderant evidence which establishes the onset of Mr.

Hall v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 17, 2018

Khella is a highly qualified neurologist with experience in the Vaccine Program. In this case, after his opinion was filed, respondent indicated his willingness to explore informal resolution. Dr. … Khella have not established that he should be entitled to a rate exceeding the recognized upper limit for experts in the Vaccine Program. Indeed, Special Master Millman has recently denied the same request from Ms.

GULF GROUP GENERAL ENTERPRISES CO. W.L.L., Plaintiff, v. UNITED STATES, Defendant

114 Fed. Cl. 258 · United States Court of Federal Claims · Jul 17, 2013

It is clearly stated. … In addition, “‘[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery,’ and the court’s duty is to ‘make a fair and reasonable approximation of the damages

United Constructors, LLC v. United States

95 Fed. Cl. 26 · United States Court of Federal Claims · Oct 18, 2010

The court held that the contractor reasonably believed that data “clearly implied cobble concentrations would be incidental.” Id. at 720 . … The original plan was clearly to install the ring wall for the tank and to complete the utility trench in the same fifteen days. JX 6 at 24; JX 10 at 2.

General Mills, Inc. and Subsidiaries v. United States

United States Court of Federal Claims · Oct 14, 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.

Bender v. Secretary of Health and Human Services

United States Court of Federal Claims · May 14, 2019

The above-noted requested rates are also in keeping with the Rate Guidelines established by the Office of Special Masters.5 I will award the rates requested herein without reduction.6 I also find that the work performed on … 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).

Hansen Bancorp, Inc. v. United States

67 Fed. Cl. 411 · United States Court of Federal Claims · Aug 24, 2005

established, uncertainty as to the amount will not preclude recovery[,]’ ” id. at 1350 (quoting Locke v. … Defendant established at trial that "Impaired Assets” were covered assets. As Mr.

Schneider v. Secretary of Health and Human Services

United States Court of Federal Claims · May 29, 2019

The medical records filed in this case do not establish that M.A.M. experienced an acute encephalopathy within seventy-two hours of his MMR vaccination, as they do not establish that he experienced a significantly decreased … suggest that he experienced relatively rapid language skill regression shortly after his first birthday, it does not indicate that he experienced either the kind of neurologic dysfunction or inflammatory process that would qualify

Brace v. United States

72 Fed. Cl. 337 · United States Court of Federal Claims · Aug 4, 2006

See Tabb Lakes, 10 F.3d at 802 (“Clearly, the quantum of land to be considered is not each individual lot containing wetlands or even the combined area of wetlands. … James Lockhart, 20 Causes of Action to Establish Easement of Necessity 395, § 25 (2005). . See United States v.