Case law

Hughes Aircraft Co. v. United States

31 Fed. Cl. 464 · United States Court of Federal Claims · Apr 29, 1994

While all of the experts addressing the matter were highly qualified with extensive experience in the application of learning curves to estimate future costs and explain incurred costs, we are persuaded that the more gradual … disparity pertaining to recurring costs of government furnished equipment ($197.854 million + $70.044 million = $267.898 million) and the clearly stated total cost difference related to Block II Improved ($273.766 million

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.

Fulling v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 1, 2022

Although a rate has not been clearly established in the Vaccine Program for their work as attorneys in 2022, I find their requested rates reasonable in light of their experience in the Vaccine Program. … Kinsbourne is neurologist and was qualified to opine on petitioner’s diagnosis and vaccine causation. Therefore the costs associated with his work will be paid in full. c.

Bedell v. United States

United States Court of Federal Claims · Jun 18, 2015

A default judgment may be entered only if the claimant establishes a claim or right to reliefby evidence that satisfies the court." RCFC ss(bx2). … Tort Claim (Standard Form 95) with the party(s)/undersigned clearly identified here.

Goldie v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 7, 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”). Mr.

Brooks v. United States

65 Fed. Cl. 135 · United States Court of Federal Claims · Apr 18, 2005

The first, Instruction 6, clearly states that it “establishes the policy and procedure to nominate and appoint” a Chief Pharmacist Officer. Pl.’s App. at 193 (Instruction 6 § A). … [sjelection and assignment of ... those Chief Professional Officers that have been established at flag grades in accordance with INSTRUCTION 6 ....”

Knorr v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 7, 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 … Specifically, the fact that this case has been pending for just under 18 months does not qualify it as especially protracted. Id. at 2.

CCA Associates v. United States

75 Fed. Cl. 170 · United States Court of Federal Claims · Jan 31, 2007

No. 88-560, 78 Stat. 769, later limited the loan amount to ninety percent of the replacement cost of the property for governmental, non-profit, and other qualified owners. … Malek was retained by the government and was qualified as an expert in tax accounting. Tr. 1155:3-10. .

Strong v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2018

Adams noted that the examination “reveal[ed] very little in the way of sensory impairment, but clear weakness, some clearly hypoactive reflexes.” Id. at 76-77. … Mar. 12, 2010) (petitioner’s expert far less qualified to offer opinion on general causation issues pertaining to autism than specific issues pertaining to the petitioner’s actual medical history, given the nature of the

Jaffri v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 15, 2016

An amended petition was filed on April 7, 2015, alleging in the alternative that the vaccine significantly aggravated a preexisting immune mediated condition, such as juvenile rheumatoid arthritis. ECF No. 52. … Petitioner acknowledges in fact that the requested hourly rates are based on those established in McCulloch and subsequent cases. Reply at 1.

Rodriguez v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 28, 2019

However, petitioner asserts that M.R.’s “diagnosis is unequivocal, and clearly establishes causation” and requests that the claim “be decided on the merits.” Mot. for Relief at ¶¶ 77, 79. … Kahn’s reports establish an unequivocal diagnosis “and clearly establish causation between petitioner’s injuries and the vaccine….Therefore, the only remaining fort his honorable Court to adjudicate is the amount of compensation

Rushing v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 12, 2024

Then, after explaining how vaccines generally prompt an immune reaction, Dr. … But Petitioner’s expert group persuasively established that the relatively low dosage levels Petitioner received are not usually 11 By contrast, a different variant—chronic immune demyelinating polyneuropathy, or “CIDP

Lapierre v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 3, 2019

Wade Binley (the chiropractor Petitioner began seeing in 2016), noted diagnoses of “neuropathy caused from Tdap,” auto-immune phenomenon, post-vaccine neuralgias, causalgia (aka CRPS), fibromyalgia, possibly mitochondrial … But it is not the case that a petitioner’s claimed injury must always be one that is well-known or already clearly defined as a matter of medical science.

Walsh Construction Company

United States Court of Federal Claims · Oct 3, 2018

The Army Corps used this information to establish the TORS elevations. … And, the Final Geotechnical Report clearly stated that the estimated excavation quantities were preliminary.

Common Ground Healthcare Cooperative v. United States

United States Court of Federal Claims · May 19, 2026

While it may have been more likely that the CSR claims would succeed after the risk corridors theory was successful, “[i]t is well-established that litigation risk must be measured as of when the case is filed.” … Seeking fees for solely CSR-related work in the post-July 2020 period is clearly reasonable in this request for CSR- related attorney’s fees.

Henderson County Drainage District No. 3 v. United States

60 Fed. Cl. 748 · United States Court of Federal Claims · May 26, 2004

Thus, the key date for accrual purposes is the date on which the plaintiffs land has been clearly and permanently taken. … See also Fed.R.Evid. 804(b)(1), (a)(4) (qualifying as a hearsay exception the former testimony of a declarant unavailable "because of death”). .

Howard 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 … 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).

Solomon v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 25, 2016

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 … She qualified her opinion by noting that she “was not involved in [petitioner’s] initial care” and thus, her opinion was “based on [petitioner’s] history and symptoms.” Id. Dr.

Welch v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 1, 2019

However, Petitioner clearly cannot establish she experienced GBS (as defined by the Table) within that timeframe. … And although her waxing and waning mild symptoms could arguably be understood as chronic immune demyelinating polyradiculopathy (“CIDP”),4 that diagnosis is an excluding factor to establish a Table claim of GBS. 42 C.F.R.

Seventh Dimension, LLC v. United States

United States Court of Federal Claims · Jul 27, 2022

Cir. 2018) (“An abuse of discretion occurs if the decision is clearly unreasonable, arbitrary, . . . rests on clearly erroneous fact findings; or involves a record that contains no evidence on which the [agency] could base … At the time of cancellation, the [Army] had one acceptable offeror—Seventh Dimension.”); id. at 34 (“At that point, Seventh Dimension was the only qualified offeror left in the . . . competitive range. . . .