Case law

Wave Digital Assets, LLC v. United States

United States Court of Federal Claims · Aug 25, 2025

The proposal stated: Assets held in hard wallets are not covered by insurance policy nor included in SOC audits, and thus are not considered to be held in ‘Qualified’ custody. … Wave fails to clearly highlight any specific provisions, page numbers, or sections.

Cameron Lanning Cormack v. United States

119 Fed. Cl. 63 · United States Court of Federal Claims · Nov 4, 2014

When a patentee acts as a lexicographer and uses terms in a manner other than their ordinary meaning, “the special definition of the term [must be] clearly stated in the patent specification or file history.” … Plaintiff’s use of the term “collection point” is too general because it encompasses surfaces and places that would not qualify as bins.

Jones v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 15, 2019

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). … Requested Costs Just as they are required to establish the reasonableness of requested fees, petitioners must also demonstrate that requested litigation costs are reasonable. Perreira, 27 Fed.

Merino v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 1, 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 … 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

Ploughe v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 15, 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 … This is below the top hourly rate ($500 per hour) presently reserved for only the most qualified experts with significant experience testifying in the Program.

Riley v. United States

United States Court of Federal Claims · Feb 5, 2019

Cir. 1998) (“Plaintiffs claims for monetary damages which arise out of [the government’s] alleged negligent and wrongful conduct . . . are claims clearly sounding in tort.”). … Compl. at 1111 22, 30; see ia'. atll 55 (“since entry of void orders/judgments is ncta federal judicial function, there is no immunity for violation of constitutional rights or federal criminal laws”).

Moreland Corp. v. United States

76 Fed. Cl. 268 · United States Court of Federal Claims · Apr 18, 2007

Moreover, before signing the agreement, the parties clearly manifested their mutual intent to delete the clause entitling the Government to' terminate the Lease for convenience. … Even when Moreland retained an eminently qualified structural expert, Dr. David Malone, the VA still would not accept Dr. Malone’s proposed plan as a reasonable means of moving ahead.

First Heights Bank, FSB v. United States

57 Fed. Cl. 162 · United States Court of Federal Claims · Jul 1, 2003

. § 7701(a)(19) and qualified as a thrift for all tax years beginning in 1988 until it ceased banking operations in 1998. … To demonstrate this clearly, we point to the fact that PHC, a New York Stock Exchange company, is one of, if [not] the, largest home builders in the United States, as well a very large mortgage banker.

Hall v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 13, 2024

Because onset cannot be preponderantly established, no Table SIRVA can be maintained. … Conclusion Petitioner has not provided preponderant evidence to establish that she suffered onset of symptoms within 48 hours as required to establish a Table SIRVA case.

McCabe v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 5, 2019

People who lack medical training are not qualified to diagnose diseases. Ms. McCabe’s third diagnosis, CFS, seemed to have more teeth. Indeed, Ms. McCabe ultimately proceeded to a hearing on this disease. Ms. … When experts do so, petitioners cannot rely on the experts’ testimony to establish reasonable basis. See Murphy, 30 Fed. Cl. at 62. Ms.

Bank of America, FSB v. United States

67 Fed. Cl. 577 · United States Court of Federal Claims · Jul 21, 2005

With respect to the Bishop Estate transaction, we find that plaintiff has clearly made its case. … It is equally well-established that the capital costs of a business include service on the debt and *589 dividends on the stock. Federal Power Comm’n v.

Active Deployment Systems, LLC v. United States

United States Court of Federal Claims · Apr 21, 2026

Analogizing to the CICA provision allowing for sole source procurements, this court has reasoned that “[a] threat of immediate harm to health, welfare or safety would appear to qualify as ‘urgent and compelling circumstances … But the cases ADS pointed to were for Army contracts that were subject to the then-existing Army FAR supplement that required the Army to “clearly address” each of the Reilly’s Wholesale factors.

Matte v. Secretary of Health and Human Services

United States Court of Federal Claims · May 28, 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 … Okuda is a qualified expert, and his work in this case was helpful to resolution of Petitioner’s claim. I find that the amount of time billed to be reasonable as well, especially in light of the fact that Dr.

Spataro v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 15, 2021

Respondent argues petitioner does not qualify for an on-Table SIRVA and has not submitted preponderant evidence for entitlement. Response, ECF No. 39 at 1. … Petitioner must prove causation under the three-pronged test established in Althen, 418 F. 3d at 1278.

Dobyns v. United States

118 Fed. Cl. 289 · United States Court of Federal Claims · Sep 16, 2014

ATF Order 3250.1A establishes accountability requirements for ATF agents using or issued covert identification. … Thus, “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery . . . .” Ace-Fed. Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed.

Blake v. Hhs

United States Court of Federal Claims · Jun 18, 2014

encephalopathy if the vaccinee manifests an injury encompassed in the definition of an acute encephalopathy within the appropriate time period, and if a chronic encephalopathy is present for more than six months after the immunization … Blake testified that she did not remember this incident clearly. Tr. at 74. 11 visit. Id., p. 15.

Lambert v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 10, 2025

When she returned for treatment in early November 2021, Petitioner clearly described worsening pain beginning in early-October 2021. Ex. 12 at 47; Ex. 13 at 5. … in another geographical area but qualifying for a limited exception; suffered the residual effects of his injury for more than six months, died from his injury, or underwent a surgical intervention during an inpatient hospitalization

Perekotiy v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 9, 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 … 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).

Colonial Chevrolet Co., Inc. v. United States

United States Court of Federal Claims · Oct 2, 2019

be sold, how to qualify a purchaser, and any required deposit.” … Manzo admitted that when Chrysler filed its Viability Plan it clearly did not want to file for bankruptcy. Tr.4002:1-7.

Colonial Chevrolet Co., Inc. v. United States

United States Court of Federal Claims · Oct 2, 2019

be sold, how to qualify a purchaser, and any required deposit.” … Manzo admitted that when Chrysler filed its Viability Plan it clearly did not want to file for bankruptcy. Tr.4002:1-7.