Case law

Clear Creek Community Services District v. United States

132 Fed. Cl. 223 · United States Court of Federal Claims · May 17, 2017

In addition, the 2005 long-term contract establishes plaintiff’s entitlement to water beginning in 2005. Id. at A328-31. … Cir. 2006), aff’d, 552 U.S. 130 (2008), and serves “as a condition of the government’s waiver of sovereign immunity[,] . . . [it] must be strictly construed,” Hopland Band of Pomo Indians v.

Anzalone v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 10, 2022

In response, Petitioner’s counsel indicated that Petitioner was informed that her current injury did not qualify for worker’s compensation, that she believed Petitioner had not needed treatment for her 2006 injury, that she … Although the vaccine record does not indicate the exact site of vaccination, it clearly establishes that, on October 25, 2017, Petitioner received a flu vaccine.

Asset Protection & Security Services, L.P. v. United States

United States Court of Federal Claims · Oct 1, 2020

Both Amendment 19 and Amendment 20 clearly stated that “the Government CANNOT delegate its tax exempt status to contractors.” (capitalization in original). … Akima emphasizes that “Asset cannot demonstrate how the phrase ‘where applicable’ qualifying Asset’s statement that ‘Sales taxes were not charged due to the government’s expressed intent to provide a tax- exempt certificate

Martin v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 5, 2020

Attorney Costs Just as they are required to establish the reasonableness of requested fees, petitioners must also demonstrate that requested litigation costs are reasonable. Presault v. United States, 52 Fed. … The fact that it can be difficult for petitioners to find a qualified and helpful expert does not mean that any and every expert should be welcomed, and their comments taken at face value—especially those with a history of

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 2, 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 … 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).

Chinea v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 16, 2019

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. … Steinman is a qualified expert, and his work in this case was mostly helpful to resolution of Petitioner's claim (even though Petitioner did not succeed in proving entitlement).

Cellcast Technologies, LLC v. United States

United States Court of Federal Claims · Oct 29, 2020

Neither party established a meaningful difference between the two proposed constructions. … These disclosures are “sufficient to clearly link this structure with the [means-plus-function] limitation.” Noah Sys., 675 F.3d at 1313.

Enriquez v. United States

United States Court of Federal Claims · Jan 7, 2025

The government counters, arguing plaintiff “fails to establish that he was denied adequate notice of the basis for his proposed removal.” See Gov’t’s Cross-MJAR at 24. … Accordingly, Petitioner’s continuing claim of ignorance in this regard is clearly disingenuous.” AR at 361–362 (BCNR Analysis of Notice).

Superior Helicopter LLC v. United States

78 Fed. Cl. 181 · United States Court of Federal Claims · Aug 30, 2007

Superior, Ranier, and Erickson, as unsuccessful bidders, qualify as “interested parties.” See Banknote *187 Corp. of Am. v. … Under both exclusive-use and CWN contracts, the operator is paid an identical hourly flying rate, which is based on aircraft type and is established by the Forest Service.

M. v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 26, 2024

Barboi, M.D., to establish care. Pet’r’s Ex. 9 at 9, ECF No. 1-18. Dr. … The evidence establishes by preponderant evidence that Petitioner’s career has not been hindered in any way.

Flying S. Land Company v. United States

United States Court of Federal Claims · Apr 10, 2018

United States, 753 F.3d at 1285 (“If the railroad and the [Surface Transportation] Board reach agreement, the land underlying the railway may be transferred to a trail operator (e.g., state, political subdivision, or qualified … to restoration or reconstruction for railroad purposes, such 28 The Trails Act indicates that a trail provider may be “a State, political subdivision, or qualified private organization [that] is prepared to assume full responsibility

Labatte v. United States

United States Court of Federal Claims · Jul 28, 2017

Consent must occur through an unequivocal, express waiver of sovereign immunity fd. … Such a [forum selection] clause is enforceable unless the party challenging it clearly demonstrates that is invalid or that enforcement would be unreasonable and unjust See Burger King Corp. v.

Santos-Pineda v. United States

United States Court of Federal Claims · Feb 28, 2018

Cir. 1988) (stating that the burden of proof for establishing jurisdiction is by a preponderance of the evidence). … Although this Court accords a prose plaintiff leniency in presenting his case, the plaintiff's "prose status does not render him immune from the requirement that he plead facts upon which a valid claim can rest."

L.et Al v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 19, 2018

That rate is in turn determined by the “forum rule,” which bases the award rate on rates paid to similarly qualified attorneys 3 Human Servs., 515 F.3d 1343, … Krakow’s firm, located in New York, has repeatedly been found to be “in-forum” and therefore he is entitled to the forum rates established in McCulloch v.

McCabe v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 1, 2022

and its territories or 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 … McCabe clearly did not obtain treatment after his vaccination until more than a month later, and generally reported minor-to-moderate levels of pain before undergoing surgery.

Parmer v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 6, 2020

The flu vaccine “can play a significant causal role in initiating/triggering the immune-mediated process that results in TTP.” Id. Dr. … Petitioner further argued that because he has met his burden of establishing reasonable fees and costs, he should be reimbursed “without reduction.” Id. at 4-5.

Mlinqs, LLC v. United States

United States Court of Federal Claims · Mar 6, 2023

To qualify for laches, a delay must be both unreasonable and unexcused. Id. at 1378; see also Gava v. United States, 225 Ct. Cl. 676, 679 n.2 (1980). … But essentially, every task order then becomes reviewable, and that runs clearly counter to the intent of FASA.”).

Flynn v. United States

United States Court of Federal Claims · Sep 12, 2022

. --, 2022 WL 2840646, at *4 n.3 (2022) (“Foreign law is not among the money-mandating sources of law that fall within the ambit of the Tucker Act’s waiver of sovereign immunity.” (citing De Archibold v. … “It is well-established that the plaintiff bears the burden of establishing the court’s jurisdiction by a preponderance of the evidence.” Brandt v. United States, 710 F.3d 1369, 1373 (Fed. Cir. 2013) (citing Taylor v.

Jafary v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 26, 2022

Gershwin indicates that necrotizing myopathy is an immune mediated condition and that the relevant mechanisms of action allow for an inference of vaccine causation for up to six weeks post-vaccination. (Id.) … Gershwin’s letter is dated July 17, 2021, petitioner clearly had the wherewithal to introduce the letter into evidence during the merits phase or, at the very least, in connection with his original attorneys’ fees motion

De La Cruz Jimenez v. United States

United States Court of Federal Claims · Nov 18, 2021

Cir. 2004), no reasonable inferences can come close to establishing these elements. … Cl. 779, 785 (2012) (explaining “silence of the [government] simply does not qualify as an acceptance of the terms”); Heydt v. United States, 38 Fed.