Case law
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87 Fed. Cl. 321 · United States Court of Federal Claims · Jun 12, 2009
Although “[t]he Tucker Act provides the waiver of sovereign immunity necessary to sue the United States for money damages ... the plaintiff must establish an independent substantive right to money damages from the United … A plaintiff bears the burden of proof to establish subject matter jurisdiction. McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189 , 56 S.Ct. 780 , 80 L.Ed. 1135 (1936); Russell v.
Cited 38 timesPublishedAl Ghanim Combined Group Co. Gen. Trad. & Cont. W.L.L. v. United States
67 Fed. Cl. 494 · United States Court of Federal Claims · Aug 30, 2005
An EAJA applicant must make a three-part showing in order to establish that it is a qualified party under the EAJA: It must show that (1) its net worth was less than $7 million at the time the action was filed; (2) it did … Only after the applicant has established that it meets these requirements and qualifies for an award under the EAJA must the Government show that its position “in the underlying litigation was ‘substantially justified!)]’
Cited 28 timesPublishedDetroit International Bridge Co. v. United States
39 Cont. Cas. Fed. 76,711 · United States Court of Federal Claims · Oct 21, 1994
Shaw, 478 U.S. 310,314 , 106 S.Ct. 2957,2961 , 92 L.Ed.2d 250 (1986) (waiver of immunity as to interest must be “separate from a general waiver of immunity to suit”); accord Chiu v. … Detroit must do more, therefore, than merely establish an implied agreement to tender and accept “fair rental value.”
Cited 3 timesPublishedMontana Health Co-Op v. United States
United States Court of Federal Claims · Sep 4, 2018
This case arises out of a complaint filed by plaintiff Montana Health Co-op, a health insurer that sells qualified health plans on health care exchanges established by the Patient Protection and Affordable Care Act (ACA), … The Tucker Act serves as a waiver of sovereign immunity and a jurisdictional grant, but it does not create a substantive cause of action. Jan’s Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299, 1306 (Fed.
Cited 0 timesPublishedShapiro v. Secretary of Health & Human Services
105 Fed. Cl. 353 · United States Court of Federal Claims · Sep 13, 2012
Sho-enfeld, observing that ‘“proof of causation entails more than having a well-qualified expert proclaim that the vaccination caused a disease.’ ” Shapiro II, 101 Fed.Cl. at 543 n. 15 (quoting Doyle, 92 Fed.Cl. at 8 ). … Shapiro has established that a medically appropriate interval for the development of SLE is within three weeks of a vaccination. But, Ms.
Cited 519 timesPublished40 Cont. Cas. Fed. 76,910 · United States Court of Federal Claims · Mar 20, 1996
It can only be destroyed or overcome by convincing and uncontradicted evidence to the contrary which clearly and distinctly establishes a fact so that reasonable minds can draw but one inference. Id. … Damages At trial, plaintiffs tried to qualify plaintiff Adolfo Zlotolow as an expert on damages.
Cited 2 timesPublished48 Fed. Cl. 15 · United States Court of Federal Claims · Oct 6, 2000
The doctrine is well established in the jurisprudence of administrative law, McKart v. … But where Congress has not clearly required exhaustion, sound judicial discretion governs.” McCarthy v. Madigan, 503 U.S. at 144 , 112 S.Ct. 1081 (citations omitted); accord Maggitt v.
Cited 9 timesPublishedHennings v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 2, 2021
Hennings does not qualify for an award of attorneys’ fees for two reasons. First, he has failed to establish a reasonable basis for the assertion that he received the flu vaccination. … Hennings lives, maintains a “secure, confidential immunization information system that helps healthcare providers . . . and Utah residents maintain consolidated immunization histories.”
Cited 0 timesPublishedBrown v. Secretary of the Department of Health & Human Services
34 Fed. Cl. 663 · United States Court of Federal Claims · Dec 19, 1995
Sec’y of HHS, 2 F.3d 1128 , 1135 n. 12 (Fed.Cir.1993) (sovereign immunity’s constraints discussed in context of Vaccine Act review). … Without qualifying language, the provision mandates that no one who “brings a civil action” may file a Vaccine Act petition.
Cited 1 timesPublishedBryan v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 4, 2020
Levine stated it has been established that vaccines have led to the development of Gulf War Syndrome, another fatiguing illness, “and likely reflects a shift in the immune response towards a TH2 profile.” … So clearly patients that have a proclivity toward this Th2 activity, Th2 immunity, have a change when they're exposed to the vaccine.” Tr. at 253-54.
Cited 0 timesPublishedDe Bazan v. Secretary of the Department of Health & Human Services
70 Fed. Cl. 687 · United States Court of Federal Claims · May 15, 2006
De Bazan established a pri-ma facie case by a preponderance of the evidence. … ANALYSIS The legal standards for establishing causation are at issue in this case.
Reversed on other grounds by De Bazan v. Secretary of Health and Human Services, 539 F.3d 1347 (2008)Cited 5 timesPublished70 Fed. Cl. 81 · United States Court of Federal Claims · Feb 28, 2006
The EAJA is a specific waiver of sovereign immunity providing for attorney fees and, like all such waivers, is to be narrowly construed. Chiu v. U.S., 948 F.2d 711, 714 (Fed.Cir.1991). … The burden is on plaintiff to establish that special factors warrant an award in excess of $125 per hour. Cox Constr. Co. v. U.S., 17 Cl.Ct. 29, 35 (1989) (citations omitted).
Cited 8 timesPublishedTipps v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 13, 2023
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 … In particular, she relied on several larger studies that looked at patients who had clearly met the criteria for encephalitis or meningoencephalitis. Tr. at 170; Wirrell First Rep. at 13.
Cited 0 timesPublishedJackson v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 10, 2021
Cromwell opined, “[w]ith such longstanding diagnosis not requiring medical therapy, she qualifies as having exhibited [] a benign phenotype of [ulcerative colitis].” Id. In support of his opinion that Ms. … However, a temporal association alone is insufficient to establish causation.
Cited 0 timesPublishedCw Government Travel, Inc., D/B/A Cwtsatotravel v. United States
110 Fed. Cl. 462 · United States Court of Federal Claims · Apr 11, 2013
CWT Contends That GSA Permitted Concur to Take Exception to Mandatory RFP Requirements and/or Qualify Its Promise to Meet RFP Requirements It is well-established that a “contracting agency must treat all … Clearly, agencies have to be involved in the integration and implementation process to ensure successful transition.
Cited 82 timesPublishedCeres Gulf, Inc. v. United States
94 Fed. Cl. 303 · United States Court of Federal Claims · Sep 7, 2010
Defendant’s narrow application of the Court’s bid protest jurisdiction is contrary to established law. … According to Ceres Gulf, there is no material difference between the phrases “clearly set forth” and “clearly demonstrate.” Id. The Court finds no merit to Ceres Gulfs assertion.
Cited 23 timesPublishedRollock Company v. United States
115 Fed. Cl. 317 · United States Court of Federal Claims · Mar 28, 2014
monitoring in the same manner, i.e., with an 5 The regulation provides that payment for a self-move by a business may be based on “[t]he lower of two bids or estimates prepared by a commercial mover or qualified … Congress created the Relocation Act to establish a “[u]niform policy on real property acquisition practices.” 42 U.S.C. § 4651 (heading).
Cited 14 timesPublishedH.L.et Al v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 11, 2016
Kendall indicated that she believed the ability of infectious illnesses to cause metabolic decompensation was related to qualifiers such as excessive fever, dehydration, or anorexia. (Tr. 73-74.) … Kendall candidly acknowledged that there is no direct evidence establishing that immunizations can trigger metabolic decompensation in patients with Leigh Disease. (Tr. 83, 101.)
Cited 0 timesPublishedPratcher v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 30, 2020
. 2) that Petitioner filed, the immunization report (Ex. 1) and the other medical records from the VA Ann Arbor Healthcare System. … The immunization record and the medical records provide different dates for the immunizations that Petitioner received. None of Petitioner’s medical records support his claim that a vaccine caused his injuries.
Cited 0 timesPublished59 Fed. Cl. 493 · United States Court of Federal Claims · Jan 16, 2004
Moreover, it is well established that federal judges are immune from claims for monetary damages based on the performance of judicial functions within their jurisdiction. See Mireles v. … Because the denial of *497 Plaintiffs motion for default judgment was clearly a judicial act, the District Judge is immune from suit for monetary damages based on this conduct.
Cited 10 timesPublished
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