Case law

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.

Koam Engineering Services, Inc. v. United States

United States Court of Federal Claims · Feb 10, 2023

Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests). … Normally, competition establishes price reasonableness.

Asrc Federal Infrastructure Support, LLC v. United States

United States Court of Federal Claims · Apr 14, 2026

To qualify as an interested party, an offeror must allege facts, that, if true, “establish that it (1) is an actual or prospective bidder, and (2) possesses the requisite direct economic interest.” Rex Serv. Corp. v. … Indeed, the affiliates on whose experience Dawson relies are not clearly identified anywhere in Dawson’s proposal.

ACE Constructors, Inc. v. United States

70 Fed. Cl. 253 · United States Court of Federal Claims · Mar 31, 2006

ACE, which qualified as a small business, submitted its bid on the project on August 23, 2000. Id.; see id. at 00010-3 to 00600-7. … Initially, the burden of proving the prime contractor’s “liability to a subcontractor, to avoid the defense of sovereign immunity, rested on the prime contractor.” Id.

Deshler v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 26, 2019

The attorneys from Muller Brazil have repeatedly been found to be "in forum" and therefore entitled to the forum rates established in McCulloch. See McCulloch 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).

Amor v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 12, 2024

Aug. 10, 2021) (“the Vaccine Act clearly does not require that symptoms be recorded within a specific timeframe to be preponderantly established. … Entitlement I find that Petitioner has established by a preponderance of the evidence that all of the Table SIRVA and QAI requirements are established.

Cosner v. United States

United States Court of Federal Claims · Dec 22, 2016

Medical Center, which clearly violated the terms and conditions ofprovision 2.F [of the Agreement], absolved the Agency of any further obligation to adhere to its terms," and that the "Agency has not breached the March 13,2008 … It serves as a waiver of sovereign immunity and a jurisdictional grant, but it does not create a substantive cause ofaction. Jan's Helicopter Serv.. Inc. v. Fed. Aviation Admin., 525 F.3d 1299, 1306 (Fed. Cir. 2008).

McClellan v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 14, 2017

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 … I will maintain the rates I have previously established for Mr. Richards from 2013-2017.5 Similarly, I find that the rates requested by the associate and paralegals are reasonable and will be awarded.

Randolph v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 3, 2020

Petitioner’s claim was filed in August 2018, clearly within two years of the March 2017 Table amendment to include the flu-GBS claim. … The question of onset was discrete and clearly addressed by the medical records most contemporaneous to the purported start of Petitioner’s injury.

Oenga v. United States

96 Fed. Cl. 479 · United States Court of Federal Claims · Dec 21, 2010

Clearly, BPX did not wish to share much with the plaintiffs. … Clearly, the Oenga allotment had a significant value over their existing alternative.

Emerson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 3, 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 … Fraunfelder is an undoubtedly qualified expert, that expertise must be balanced with his lack of experience testifying in the Vaccine Program. Id.

McKown v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 21, 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 … He was a qualified witness and provided credible testimony in support of Petitioner’s theory. Though not enough to carry Petitioner’s burden, Dr.

Revelations Counseling and Consulting, LLC v. United States

United States Court of Federal Claims · Apr 17, 2026

The VA issued the Solicitation once the incumbent performer no longer qualified as a small business and thus was ineligible to continue performance. ECF No. 20 (“Tr.”) at 70:6-9. … As explained below, this Court need not decide the first issue because Revelations’ latter two failures so clearly support the government’s decision to exclude Revelations’ proposal from further consideration.

Marine Industrial Construction, LLC v. United States

United States Court of Federal Claims · Feb 17, 2022

Members of the Quileute Tribe are no doubt familiar with the climate in which they live, but that alone does not qualify them as experts in the field of meteorology, nor does it transform their emails on weather into expert … Plaintiff asserts the minimum pipe size qualifies as superior knowledge because the Competition in Contracting Act (“CICA”) required the government to use the least restrictive specifications to complete the job in the pre

Ames 1, LLC v. United States

United States Court of Federal Claims · Aug 10, 2022

Normally, adequate price competition establishes price reasonableness. … The only rankings for which the Air Force clearly documented best value tradeoffs were the highest and lowest ranked offers. Id. at 69.

Prepejchal v. Secretary of Health and Human Services

United States Court of Federal Claims · May 29, 2019

Sadaka, whose practice is located in Englewood, New Jersey, has repeatedly been found to be “in-forum” and therefore entitled to the forum rates established in McCulloch 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).

Braun v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2019

Subsequent evaluations during June 2015 show further discussion of a movement disorder diagnosis, as well as post-acute immune syndrome, and active Lyme disease. Id. at 168. … Such evidence cannot establish a causal link between an injury and a vaccination.

Ericzon v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 5, 2016

The Carr agreement was entered into two years before the seminal Avera case, which established that a court should use the forum rate, i.e., the District of Columbia rate, in determining an award of attorneys’ fees. … Blitshteyn is not a qualified expert in the field of toxicology but that her first report was based upon a toxicological cause of death. Id.

Auch v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 19, 2016

Gage was deemed sufficiently significant for purposes of the Davis exception to qualify him as out-of-forum); see also Dingle v. Sec'y of Health & Human Servs., No. 08-579V, 2014 WL 630473, at *3 (Fed. Cl. Spec. Mstr. … As the substantiation offered in support of Petitioner’s fee request establishes, Mr.

Green Management Corp. v. United States

42 Cont. Cas. Fed. 77,412 · United States Court of Federal Claims · Dec 14, 1998

SERVICES: The time, attention, and effort of the principals and employees regularly engaged in the established business of the Contractor to properly discharge the obligations and responsibilities of the Contractor as established … HUD wants qualified Contractors and they should have them, however, they must also expect to pay them a fair wage.