Case law
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76 Fed. Cl. 638 · United States Court of Federal Claims · May 31, 2007
Plaintiffs assert that “Congress clearly articulated its intention that different rules” apply to the calculation of regular tax net operating loss, as opposed to AMT net operating loss. PI. … Section 421(a) of the IRC provides: (a) Effect of qualifying transfer. — If a share of stock is transferred to an individual in a transfer in respect of which the requirements of section 422(a) or 423(a) are met— (1) no income
Cited 3 timesPublishedAnthony Reid v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 26, 2013
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 … Hence, the undersigned accords greater weight to the documentary records than the oral testimony to establish a timeline of events.
Cited 0 timesUnpublishedSturdevant v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 8, 2024
On September 26, 2022, Petitioner established care with Dr. Steven V. Pinto. Pet. Ex. 67 at 15. Dr. Pinto wrote Petitioner requested a letter “that states that his Bell’s palsy was due to his flu vaccine. … This physical mechanism of injury differs from the type of injury in this case, which the undersigned found an innate immune system and inflammatory response to the vaccination. See Ruling on Entitlement at 37.
Cited 0 timesUnpublishedKabelitz v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 29, 2022
Respondent stated that this claim did not qualify as a Table SIRVA claim because “[P]etitioner’s vaccination record places administration of the alleged causal influenza vaccination in her left shoulder, while [P]etitioner … [Petitioner] had a flu shot [four] days prior and her right shoulder pain was new after that immunization.” Id.29 b. Affidavits and Declarations 1.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Dec 30, 2021
. § 251 et seq., qualifying employers are required to compensate at one and one-half times the employees’ regular rate all non-exempt employees who worked in excess of 40 hours per week. 29 U.S.C. § 207; see 5 C.F.R. § … It is well established that a Plaintiffs’ Complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v.
Cited 0 timesUnpublishedDavis v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 1, 2021
Legal Standard7 The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a). … While both experts are qualified in conducting and interpreting EMGs, I find that Dr.
Cited 0 timesUnpublishedMes Simulation & Training Corp. v. United States
United States Court of Federal Claims · Jan 2, 2019
MES also alleged that Riptide did not qualify as a small business. Id.; Def. Mot. at 17. On April 26, 2018, the SBA denied MES’s size protest. AR Tab 29 at 1571. … While this language clearly establishes an 18-month period to complete performance, the language in the RFP does not expressly require that offerors use the entire 18 months of performance to satisfy the RFP’s requirements
Cited 0 timesUnpublishedGoldman v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 24, 2020
Respondent argues that the January 12, 2016 encounter does not clearly establish the onset of pain, indicating only “that the pain occurred ‘after’ the flu vaccine.” Resp. Report at 5, citing Pet. Ex. 2 at 75. … Accordingly, petitioner has established the first QAI criteria. 2.
Cited 0 timesUnpublishedGramza v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 17, 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 timesUnpublishedArmour of America v. United States
96 Fed. Cl. 726 · United States Court of Federal Claims · Jan 10, 2011
A competitive range was established with five offerors, including plaintiff Armour of America and in-tervenor/reprocurement contractor Armor-Works. … The Government argument states that the Cure Notice did not accelerate the contract because nothing was “deliverable” on August 24th[, 2004] except all the qualifying test reports to prove that AOA had a panel that met all
Cited 10 timesPublishedUnited States Court of Federal Claims · Dec 14, 2018
Such an assumption should at least be clearly stated. … Further, appraisers are generally able to ascertain whether a transaction is “a good arm’s length sale, qualified or not qualified” based on data from the tax assessor. Id. at 307 (Matthews).
Cited 0 timesPublishedUnited States Court of Federal Claims · Jun 25, 2018
More specifically, plaintiffs assert that they are entitled to payment for their meal breaks because the breaks do not qualify as bona fide meal breaks under the FLSA. A. … Indeed, the conflict over whether plaintiffs have the meaningful ability to change at home is most clearly expressed by Officer Cousins’s testimony suggesting that most officers change at home because they have a long commute
Cited 0 timesPublishedBiloxi Marsh Lands Corporation v. United States
United States Court of Federal Claims · Jan 19, 2021
“[T]he key date for accrual purposes is the date on which the plaintiff’s land has been clearly and permanently taken.” Boling v. United States, 220 F.3d 1365, 1370 (Fed. Cir. 2000). … under the Tucker Act “is an explicit condition of the government’s waiver of sovereign immunity and, as a matter of law, jurisdictional.”
Cited 0 timesPublishedUnited States Court of Federal Claims · Mar 1, 2023
The burden is on the plaintiff to prove such error through “cogent and clearly convincing evidence.” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed. Cir. 1986) (quoting Dorl v. United States, 200 Ct. … Cir. 2005); see also Voge, 844 F.2d at 779 (“[T]he Claims Court may review the [challenged decision] process for compliance with established procedures.”).
Cited 0 timesPublishedAlexis Reid v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 26, 2013
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 … Hence, the undersigned accords greater weight to the documentary records than the oral testimony to establish a timeline of events.
Cited 0 timesUnpublishedCarey v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 29, 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 … Blitshteyn has been qualified as an expert in neurology in previous Vaccine Program cases. See McCulloch v. Sec’y of Health & Human Servs., No. 09-293V, 2015 WL 3640610 (Fed. Cl. Spec. Mstr. May 22, 2015); Turkupolis v.
Cited 0 timesUnpublishedRuppert v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 3, 2024
The records clearly indicate that Petitioner’s GBS had stabilized by December 2, 2015, or approximately two weeks into her hospitalization. … I would only permit this kind of cost in cases involving a far more severe disability than what has been established (although I fully acknowledge its seriousness). See e.g., Barone v.
Cited 0 timesUnpublishedB. v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 5, 2024
Albert Oguejiofor, an “impartial medical expert,” established that “there were no exertional limitations related to Bell’s palsy.” Pet. Ex. 39 at 8. … Ct. 370, 374-75 (1982) (“[I]t is a well settled principle that while administrative Board decisions concerning legal interpretations may be given some weight, they are clearly not binding on this court.”)).
Cited 0 timesUnpublishedThao v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 29, 2025
Finally – and the key question in most cases under the Program – the petitioner must also establish a causal link between the vaccination and the injury. … However, 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.
Cited 0 timesUnpublishedSmallwood v. Secretary of Health and Human Services
United States Court of Federal Claims · May 27, 2020
But in Kreizenbeck, the Federal Circuit clearly stated that the special masters’ authority is broader, encompassing the ability to rule on the written without hearing, under standards distinguishable from those applicable … Based upon the above, I find there is preponderant evidence which establishes the onset of Mr.
Cited 0 timesUnpublished
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