Case law

G. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 29, 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 … Apr. 7, 2011) (noting that “[a]though an attorney must review and understand medical literature to prosecute a case, most attorneys are not qualified to conduct the research on medical issues”).

KOTIS ASSOCIATES, LLC v. United States

United States Court of Federal Claims · Apr 22, 2025

Cir. 1988) (rejecting, based on Chevron deference, the argument that the Railbanking Provision “requires the [STB] to transfer rights-of-way to qualified trail operators even when the railroad opposes such use”). … The NITU clearly adopts the Survey Map on which plaintiffs rely.

Bondyopadhyay v. United States

United States Court of Federal Claims · Mar 20, 2015

The plaintiff bears the burden of establishing subject—matter jurisdiction by a 3 preponderance of the evidence. McNutt V. Gen. Motors Acceptance Corp., 298 US. 178, 189 (1936); see alfl Reynolds v. … Colonel Lamir’s letter met the requirement of § 286, as it clearly stated that Plaintiff’ s claim for infringement of the ‘134 Patent was denied, and Colonel Lamir was an appropriate delegee. & Q Plaintiffs June 17, 2002

Golden It, LLC v. United States

United States Court of Federal Claims · Feb 4, 2022

But that provision clearly refers to a substantive evaluation of the identified proposed key personnel. … The questioner asserted that “Offerors may not present qualified personnel if they lack a specific certification or fall short of the minimum years of experience.” Id.

Pinto v. United States

United States Court of Federal Claims · May 31, 2022

Indeed, it is well established that “the court is not in the promotion business when selection for promotion is discretionary. … Indeed, AR 600-8-29 ¶ 1-13b outlines the procedures for “[o]fficer[s] found not qualified for promotion to 1LT.”

Caruso v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 2, 2018

Assuming reasonable basis has been established, determining the appropriate amount of an award of reasonable attorney’s fees is a two-part process. … 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).

Barron Bancshares, Inc. v. United States

53 Fed. Cl. 310 · United States Court of Federal Claims · Aug 23, 2002

It is that mutuality of intent to contract that defendant argues is clearly lacking. … As of the March 12,1991 report of examination, for instance, more than half of the qualified (ie., non-performing) assets were loans to Minnesota borrowers (loans secured by Minnesota real estate comprised over $7.4 million

Hayward v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 7, 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 … hours of immunization.”

Bondyopadhyay v. United States

United States Court of Federal Claims · Mar 20, 2015

The plaintiff bears the burden of establishing subject-matter jurisdiction by a 3 preponderance of the evidence. McNutt v. Gen. … Colonel Lamir's letter met the requirement of§ 286, as it clearly stated that Plaintiff's claim for infringement of the '134 Patent was denied, and Colonel Lamir was an appropriate delegee. See id.

Miller v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 7, 2024

On several occasions, Petitioner’s condition was clearly aggravated by such activities such as weightlifting. … Potential for Off-Table Claim The failure to establish a Table injury does not necessarily constitute the end of a case under all circumstances, because a claimant might well be able to establish a non- Table claim

Curri v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 27, 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 … 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).

Egan v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 9, 2025

“A 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 limited exception … However, this record clearly establishes ample opportunity to seek treatment despite Petitioner’s understandable reasons for delay – and therefore I cannot find this SIRVA to have the level of pain severity that would be

Vas Realty, LLC v. United States

United States Court of Federal Claims · May 10, 2021

In evaluating whether a plaintiff in a bid protest case qualifies as an “interested party,” the Court looks to the definition of “interested party” provided in the Competition in Contracting Act (“CICA”). … The RLP also requires that any proposal that departs from the RLP’s stated requirements “shall clearly identify why the acceptance of the proposal would be advantageous to the [g]overnment” and that the “proposal must clearly

P. v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Nov 12, 2025

However, opinions expressed as possibilities are not sufficient to establish causation. See, e.g., Waterman, 123 Fed. … However, opinions expressed as possibilities are not sufficient to establish causation. See, e.g., Waterman, 123 Fed.

Csc Government Solutions LLC v. United States

129 Fed. Cl. 416 · United States Court of Federal Claims · Nov 22, 2016

Cl. 89, 93 (2011) (“A protestor must demonstrate prejudice twice: first to establish standing and then again to prevail upon the merits.”) (citations omitted), aff’d, 664 F.3d 1380 (Fed. … HPES also emphasized its significant experience in completing phase-in projects and recruiting and retaining highly qualified personnel.

Ideker Farms, Inc. v. United States

United States Court of Federal Claims · Mar 13, 2018

In addition, Congress, in the 1944 Flood Control Act, has immunized the government from tort liability for flooding in such circumstances. 33 U.S.C. § 702c. … Woodbury conceded that he is not a meteorologist and is not qualified to give opinions on weather. Tr. 11404:22-11405:1, 11417:1-9.

Hock v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 27, 2019

It is well-established that a decision on an underlying Vaccine Program claim is not required before interim fees or costs may be awarded. Fester v. … 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).

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 4, 2021

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).

General Dynamics Mission Systems, Inc. v. United States

United States Court of Federal Claims · Apr 9, 2018

The TET was to “provide a written technical evaluation report that clearly 6 The Quotation Evaluation Plan was amended three times. Tab 16, AR 1117–68. … Therefore, to qualify, as an “interested party,” the complaint must allege sufficient facts to establish that: (1) the plaintiff “was an actual or prospective bidder or offeror;” and (2) the plaintiff “had a direct economic

Doble v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 29, 2022

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 … Chwalisz was petitioner’s treating neurologist at Massachusetts General Hospital, and not only is he well qualified, as the treating physician his opinion regarding vaccine causation was especially helpful. I find Dr.