Case law
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United States Court of Federal Claims · Nov 19, 2013
The Federal Circuit specifically held “that equitable tolling under the E but clearly labeled and filed them as Res. Exs. H-L. 9 Cloer v. Sec’y, HHS, 654 F.3d 1322 (Fed. … Graves informed me that G.L.G.’s gap in medical care was due to a period of time during which she was attempting to qualify for Medicaid but was denied coverage. 5
Cited 0 timesUnpublishedPatel v. Secretary of Health and Human Services
United States Court of Federal Claims · May 29, 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).
Cited 0 timesUnpublishedIdeal Innovations, Inc. v. United States
United States Court of Federal Claims · Jun 13, 2018
Indeed, this Court's jurisdiction to entertain claims and grant relief, like all Federal courts, depends on the extent to which the United States has waived sovereign immunity. United States v. … The burden of establishing the Court's subject matter jurisdiction rests with the plaintiff, who must establish jurisdiction. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, (1992).
Cited 0 timesUnpublishedUnited 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.
Cited 0 timesUnpublishedArkray USA, Inc. v. United States
United States Court of Federal Claims · Jun 26, 2014
Documents such as these “presumptively qualify for inclusion in the Administrative Record.” Dyncorp Int’l LLC v. United States, 113 Fed. Cl. 298, 303 (2013). … These documents are typical of the documents the government already included in the record with regard to other potential offerors 14 2013 meeting clearly reference Abbott’s
Cited 0 timesUnpublishedMiller v. Secretary of Health and Human Services
United States Court of Federal Claims · May 3, 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 … The medical records establish that E.M.M. had symptoms of constipation on November 5, 2010, prior to her April 12, 2011, vaccinations. See Pet’rs’ Ex. 5 at 16.
Cited 0 timesUnpublishedHaubner v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 4, 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 … Rankin qualified for the eight-to-ten-years rate range, or $281 to $351. In Windhorst, he was awarded $281 per hour for work performed in 2017. See id.
Cited 0 timesUnpublished117 Fed. Cl. 628 · United States Court of Federal Claims · Sep 17, 2014
C-7(a) (“If the soldier is found unfit, the PEB will . . . (2) Assign a percentage rating to the disability if the soldier otherwise qualifies.”). … The Secretary of Defense and the Secretary of Veterans Affairs should establish one solution.
Cited 9 timesPublishedTodd Construction, L.P. v. United States
85 Fed. Cl. 34 · United States Court of Federal Claims · Dec 9, 2008
As to the first, plaintiff bears the burden to establish subject matter jurisdiction. Alder Terrace, Inc. v. United States, 161 F.3d 1372, 1377 (Fed.Cir.1998). … There was clearly a final decision of the contracting officer on a written demand. On March 22, 2006, the Government issued its proposed final evaluations of Todd’s work, Ex. A to Pl.’s Supp.
Cited 15 timesPublishedHumphries v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 29, 2020
Blitshteyn’s reliance on a single abnormal reading in order to establish a diagnosis of POTS. Resp. Ex. E at 2. … She only addressed prong III, stating that “any interval from days to eight weeks would be an appropriate interval to denote an immune mediated reaction to the vaccine.” Pet. Ex. 60 at 11.
Cited 0 timesUnpublishedPalattao v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 18, 2019
Reasonable 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. … Typically, I have reserved hourly rates of $500 or more for only the most qualified experts with significant experience testifying in the Program.
Cited 0 timesUnpublishedCastaldi v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 29, 2014
Assuming, arguendo, that this case was timely filed, I hold that petitioners have failed to establish entitlement to an award. … Although I granted petitioners’ motion to strike three of respondent’s exhibits, I noted that, in light of petitioners’ late-filed objection to the exhibits,5 respondent would be permitted to file a report of “a qualified
Cited 0 timesUnpublishedTaylor v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 27, 2026
Respondent adds that the supplemental declaration was prepared after the Rule 4(c) Report, and clearly made for litigation purposes. … Petitioner has established by preponderant evidence that all Table SIRVA and QAI requirements are established. Further, she has established all statutory requirements for entitlement.
Cited 0 timesUnpublishedSkanska Usa Building, Inc. v. United States
United States Court of Federal Claims · Mar 21, 2013
Moreover, the “Mandatory Materials for Collection” provision clearly includes soil within the definition of “waste materials.” … Thus, plaintiff has established causation.
Cited 0 timesUnpublishedEILAN v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Sep 17, 2024
Kennedy has established the Markov model as a reliable and generally accepted methodology. A passage from one of the papers cited by Dr. McNulty is instructive. … Although not explicitly stated, this appears implicitly to invoke a narrow reading of the statute as required when interpreting a waiver of sovereign immunity.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · May 9, 2019
servicemembers may receive educational assistance benefits if the servicemember satisfies certain conditions, including completing a period of active duty service, followed by either continued active duty service, or a qualifying … Under such circumstances, the Post-9/11 GI Bill clearly provides that the VA may treat plaintiff and her ex-spouse as jointly and severally liable to the government for the return of these funds. 38 U.S.C. § 3319(i)(1).
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Feb 27, 2019
Then, this court would clearly have jurisdiction to act on the merits of his refund claim. … Yet as noted, plaintiff has the burden of establishing jurisdiction. Mr. Wilson refers to Aronsohn v.
Cited 0 timesUnpublishedRolshoven 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).
Cited 0 timesUnpublishedHolveck v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 22, 2025
Petitioner was assessed with “clearly persist[e]nt pain and reduced rom [range of motion],” with Dr. … Section 11(c)(1)(D). 7 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
Cited 0 timesUnpublishedFields v. Secretary of Health and Human Services
United States Court of Federal Claims · May 18, 2022
On September 25, 2019, before Petitioner’s counsel could establish guardianship, Mr. Lawrence died. ECF No. 65 at 1; Fields, 2020 WL 5667945, at *1. … As the Supreme Court established in Fox v.
Cited 0 timesUnpublished
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