Case law

Clavio v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 6, 2020

Kolliniatis recalled petitioner calling the doctor’s office as well as her daughter, a nurse, during their breaks to discuss her pain “for the days and weeks following the immunization.” Id. Ms. … Legal Standards Regarding Fact Finding Petitioner bears the burden of establishing her claims by a preponderance of the evidence. § 13(a)(1).

Imprimis Investors LLC v. United States

83 Fed. Cl. 46 · United States Court of Federal Claims · Aug 7, 2008

For income tax purposes, reportable income not qualifying as capital gains. Term used to describe income taxed at ordinary rates in contrast to income taxed at the more advantageous rates of capital gains. … If a party executing a general release has knowledge of facts sufficient to constitute a claim and wishes to except that claim from the release, the party must clearly manifest its intent to do so with an explicit reservation

Pancoast v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 3, 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 … Avera established the “forum rule,” which awards Vaccine Program attorneys the same hourly rates paid to attorneys with similar experience in the forum (here, Washington, DC). Avera v.

Judin v. United States

27 Fed. Cl. 759 · United States Court of Federal Claims · Feb 17, 1993

Douglas cautioned, “The pinhole source may not be entered as it is not clearly found in the specification and may therefore be considered by the examiner as new matter, although inherent.” … To establish infringement, the accused device must contain every limitation of the claim, either directly or by substantial equivalent.

Trust Title Company v. United States

118 Fed. Cl. 99 · United States Court of Federal Claims · Sep 10, 2014

Among other things, qualifying persons “must agree to execute a second mortgage and note in the name of the Department.” … Tr. 479:14-21; see also Tr. 707:5-8 (Gardner) (“But the training, in our mind when we submitted our proposal, was very clearly a show stopper because . . . in boarding a client, there is a transition period.”).

Golden v. United States

United States Court of Federal Claims · Mar 29, 2018

To qualify for a utility patent -- by far the most common type of patent - an invention must be: a process or method for producing a useful, concrete, and tangible result. … The device qualifies as a detector case with features of multiple sensors, internet and GPS connection. 241 .

Northrop Grumman Systems Corporation v. United States

United States Court of Federal Claims · Oct 31, 2018

Because Northrop has not established jurisdiction over its count one, we grant the Postal Service’s motion to dismiss that count. … [T]he Government is immune to actions of its agents who merely possess apparent authority.” Id. (internal citation omitted).

Gambrill v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 26, 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 … I thus impressed upon counsel the importance of obtaining an expert report to establish a theory of causation given the facts of R.G.’s case. Id.

Scott v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 2, 2026

assessment with NP Laurie Housel on June 28, 2019 reaffirmed that the clinical evidence “evaluating a possible relationship between brachial neuritis and the receipt of rabies vaccines supports a consistent causal association to immunization … In her opinion, Petitioner is vocal and accurately conveys symptoms clearly. Tr. 29-30. Ms. Jones often helped translate medical terminology during appointments. Id. Before onset, Ms.

Cavanaugh v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 15, 2025

While the “other condition or abnormality” at issue must qualify as an explanation for the petitioner’s symptoms, it “need not be a better or more likely explanation.” French v. … Conclusion Petitioner clearly suffered and she does have my sympathy.

Mynette Technologies, Inc. v. United States

United States Court of Federal Claims · Dec 20, 2022

Defendants contend Yorio cannot qualify himself for the second tier and gain AEO access under the protective order just by designating himself as outside counsel and attorney of record. Defs.’ … Cl. 695, 696 (1976) (holding the sanction of “dismissal is a drastic action to be used only when clearly authorized”).

Itserve Alliance, Inc. v. United States

United States Court of Federal Claims · Aug 12, 2022

This form must be completed by the employer when they request a nonimmigrant receive the H-1B classification to work in the United States in a qualified specialty occupation. … The government agrees USCIS’s interpretation would be more clearly understood if Congress had adopted different language.

Carda v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 22, 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 … 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).

Zumwalt v. Secretary of Health and Human Services

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

Meridian Engineering Company v. United States

122 Fed. Cl. 381 · United States Court of Federal Claims · Jul 22, 2015

Any financial injury established by the Meridian also can be redressed by a monetary award. … But, the Contract in this case refers only to increments “established by a time stated in the SPECIAL Clause,” and this clause does not cause or “establish” increments, based on the future suspension or deletion of work.

3rd Eye Surveillance, LLC v. United States

United States Court of Federal Claims · Feb 18, 2022

Elbit argues these responses are inadequate because they “do not properly identify the individual agreements” and the identification is “clearly incomplete.” Def.-Int.’s First Mot. at 22. … As established above, the mere existence of an agreement or communication with a litigation funder can be relevant and discoverable.

Langley v. United States

United States Court of Federal Claims · Feb 3, 2017

Langley has asse1ied- such losses would not qualify as a tax deductible casualty loss. … claimant to establish a claim or be forever es topped from asserting it."

Castellanos v. Secretary of Health and Human Services

United States Court of Federal Claims · May 10, 2022

Section 4 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 for a limited … More significantly (and even if the “recovering” language does not allow for an interpretation in Petitioner’s favor), the record clearly establishes that Petitioner continued 7 See supra note 5.

Sparksoft Corporation v. United States

United States Court of Federal Claims · Jan 31, 2019

This solicitation easily qualifies. The most recent bids exceeded $[***] million, and all or virtually all of the employees who would provide the services are IT engineers and professionals. A. … As established supra, Sparksoft has succeeded on the merits of its protest. 2. Irreparable harm.

Bennett v. United States

United States Court of Federal Claims · Jul 30, 2018

immunity as to the types of claims allowed. … Cl. 164, 178 (2008) ("It is well-established that the Court of Federal Claims generally does not have the authority to entertain declaratory judgment requests.").