Case law

Ceres Gulf, Inc. v. United States

94 Fed. Cl. 303 · United States Court of Federal Claims · Sep 7, 2010

Defendant’s narrow application of the Court’s bid protest jurisdiction is contrary to established law. … According to Ceres Gulf, there is no material difference between the phrases “clearly set forth” and “clearly demonstrate.” Id. The Court finds no merit to Ceres Gulfs assertion.

Federal Insurance v. United States

39 Cont. Cas. Fed. 76,576 · United States Court of Federal Claims · Sep 27, 1993

The facts in this case clearly demonstrate that the plaintiffs ... were liable for the costs resulting from the clean up opera-tion____ The fact that the plaintiffs were insured and that the plaintiffs insurer paid out the … Congress holds the exclusive authority to establish the metes and bounds of this court’s jurisdiction and this court lacks authority to expand Congress’ jurisdictional grant regardless of the equities. Keene Corp. v.

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

United States Court of Federal Claims · Jul 11, 2016

Kendall indicated that she believed the ability of infectious illnesses to cause metabolic decompensation was related to qualifiers such as excessive fever, dehydration, or anorexia. (Tr. 73-74.) … Kendall candidly acknowledged that there is no direct evidence establishing that immunizations can trigger metabolic decompensation in patients with Leigh Disease. (Tr. 83, 101.)

Johnson v. United States

79 Fed. Cl. 769 · United States Court of Federal Claims · Dec 20, 2007

A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” King, 395 U.S. at 4 , 89 S.Ct. 1501 . … Plaintiff also fads to establish the existence of an implied-in-faet contract with defendant.

Pratcher v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 30, 2020

. 2) that Petitioner filed, the immunization report (Ex. 1) and the other medical records from the VA Ann Arbor Healthcare System. … The immunization record and the medical records provide different dates for the immunizations that Petitioner received. None of Petitioner’s medical records support his claim that a vaccine caused his injuries.

Dethlefs v. United States

60 Fed. Cl. 810 · United States Court of Federal Claims · Jun 8, 2004

The Tucker Act merely serves as a waiver of sovereign immunity for the types of claims specified in the statute. See Mitchell II, 463 U.S. at 212 , 103 S.Ct. 2961 . … Furthermore, the plaintiff has not established that he is a foreign citizen, as is required by 28 U.S.C. § 2502 .

Shrader v. United States

38 Fed. Cl. 788 · United States Court of Federal Claims · Sep 17, 1997

BASIC ELIGIBILITY CRITERIA: A THE FOLLOWING' CRITERIA ESTABLISHED BY LAW. … Shrader must establish an entitlement.

Mitchell v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 1, 2017

Dahlgren, aluminum adjuvants “are a potent immune system stimulator,” and “[i]n some susceptible people the aluminum over-stimulates the immunes [sic] system and causes the immune system to attack the person. Mr. … Instead, after stating that “[i]n some susceptible people the aluminum over-stimulates the immune[] system and causes the immune system to attack the person,” Dr.

Deemer v. United States

126 Fed. Cl. 619 · United States Court of Federal Claims · May 6, 2016

By June 1984, plaintiff had accumulated sufficient creditable service to qualify for age-based retirement pay. … The plaintiff bears the burden of establishing jurisdiction, when this Court’s subject matter jurisdiction is at issue. Alder Terrace, Inc. v. United States, 161 F.3d 1372, 1377 (Fed.

Wirt v. Secretary of Health and Human Services

United States Court of Federal Claims · May 9, 2014

Petitioner’s expert states, “[t]he activation of the immune cascade causes ingrown [sic] of blood vessels, recruitment of further immune cells (that produce antibodies like the classic rheumatoid factor and anti CCP [sic] … A theory that has basic indicia of reliability that is put forward by qualified experts will also satisfy the first prong of Althen. See Capizzano v. Sec’y of Health & Human Servs., 440 F.3d 1317, 1326 (Fed.

McLeod v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 19, 2015

Sriram could also see that “some of them were clearly neurological.” Tr. 194. The neurological symptoms included dizziness and unsteadiness in walking. From the observation that Elijah’s face was swollen, Dr. … A foundation for vaccination is that immunized people will mount an immune response to defend themselves against infectious organisms rapidly and strongly.

Cottingham v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 21, 2021

A court may conclude that the special master abused his discretion if the special master’s decision was “clearly unreasonable, arbitrary, or fanciful,” “based on an erroneous conclusion of law,” “rests on clearly erroneous … Nor is the Special Master’s requirement that to establish reasonable basis a petitioner “must file a statement from a treating doctor or qualified expert” indicating causation, consistent with the Vaccine Act.

Allen v. Hhs

United States Court of Federal Claims · Oct 19, 2015

All of the experts were well-qualified to offer opinions in this case. … Although both pediatric neurologists were well-qualified to opine on ASD, it appears to me that Dr.

Silva v. United States

51 Fed. Cl. 374 · United States Court of Federal Claims · Jan 11, 2002

Mackman was directed to establish a breeding operation for exotic birds secretly under the direction of the FWS. Id. … It is important to note that this case does not clearly involve the scenario in which it is alleged that the Government, perhaps surreptitiously, disposed of evidence owned by a criminal defendant without his or her consent

Cynthia La Londe, Parent of M.L., a Minor v. Secretary of Health and Human Services

110 Fed. Cl. 184 · United States Court of Federal Claims · Mar 25, 2013

History of delayed anaphylactic reaction secondary to immunizations. … Thus, none of these records establishes causation. 38 Elsewhere in her memorandum in support of her motion for review, petitioner complains that “[t]he special master clearly, and inappropriately, placed

Rowan v. Secretary of Health and Human Services

United States Court of Federal Claims · May 29, 2020

Petitioner Did Not Establish Ms. … Levinson persuasively established, Dr. Steinman has “squashed” together these connected phases of the immune process into a single shortened timeframe. The above underscores the deficiencies in Dr.

Ina Scanlon v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 27, 2013

information furnished by that party (1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would constitute a clearly … I APPLICABLE LEGAL STANDARD Pursuant to RCFC 12(b)(1), the petitioner bears the burden of establishing subject matter jurisdiction, Alder Terrace, Inc. v.

Banks v. United States

United States Court of Federal Claims · May 17, 2018

This additional language, rather than suggesting an easement, is clearly intended as an element of compensation. … It began by recognizing the background principle in takings law that “[o]rdinarily . . . if government action would qualify as a taking when permanently continued, temporary actions of the same character may also qualify

KSD, Inc. v. United States

72 Fed. Cl. 236 · United States Court of Federal Claims · Jul 11, 2006

In the same letter, the Army offered to assist KSD in redesigning and qualifying a new strap pack. … Therefore, when the government’s actions wrongfully prevent a bidder from qualifying for or bidding on a solicitation, the government cannot use the contractor’s failure to qualify or bid on the solicitation as grounds for

Raybuck v. Secretary of the Department of Health & Human Services

98 Fed. Cl. 713 · United States Court of Federal Claims · Jun 1, 2011

Others related to drug reactions in people with immune system deficiencies — a condition from which Malachi does not suffer. … The special master was clearly aware of his qualifications, which she detailed in her opinion. See Raybuck at *3. She also noted that Dr.