Case law
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85 Fed. Cl. 179 · United States Court of Federal Claims · Dec 23, 2008
Thus, as a counterbalance to the notion that waivers of sovereign immunity should be narrowly construed, it is well-established that courts are “vested with a ‘virtually unflagging obligation’ to exercise the jurisdiction … This construction of section 1500 thus can — and, indeed, often does — lead to the dismissal of claims over which this court, but for section 1500, clearly has jurisdiction.
Cited 13 timesPublished114 Fed. Cl. 736 · United States Court of Federal Claims · Feb 26, 2014
Although the Tucker Act waives the sovereign immunity necessary for a plaintiff to sue the United States for money damages, United States v. … CPAC will determine if Complainant is qualified for the vacancy and will notify the Chief of Staff of any positions for which he qualifies.
Cited 26 timesPublishedHawpe Construction, Inc. v. United States
46 Fed. Cl. 571 · United States Court of Federal Claims · May 5, 2000
that it was satisfied that BPI was qualified to bid for and perform the Contract. … Such violation does not necessarily qualify as a ground for recovery in a bid protest action.
Cited 36 timesPublishedUnited 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
Cited 0 timesPublishedSchilling v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 13, 2022
Since Petitioner was 62 years old at the time of reactivation, he clearly fell within this at-risk category. Opp. at 20. … Steinman’s opinion establishes the contrary.
Cited 0 timesPublishedIna 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.
Cited 0 timesPublishedMaine Community Health Options v. United States
United States Court of Federal Claims · Jun 10, 2019
In conjunction with these reforms, the Act provided for the establishment of an American Health Benefit Exchange (“exchange”) in each state by January 1, 2014, to facilitate the purchase of “qualified health plans” by individuals … The Tucker Act, the principal statute governing the jurisdiction of this court, waives sovereign immunity for claims against the United States, not sounding in tort, that are founded upon the United States Constitution, a
Cited 0 timesPublishedMcCabe v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 19, 2018
McCabe’s diagnoses and medical care that she is not qualified to make and that are wrong. Id. First, Dr. Whitton states that, as a medically-qualified individual, he disagrees with Ms. … Mikovits states: “The clinical data clearly support our theory, and that is found in the report of Dr.
Cited 0 timesPublishedDeisher v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 26, 2019
Petitioner has failed, quite decisively, to establish that this is true. … Darnowski is qualified to opine on these matters at all. Dr.
Cited 0 timesPublishedRaybuck 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.
Cited 1 timesPublished67 Fed. Cl. 22 · United States Court of Federal Claims · Jul 22, 2005
As Fisher states, “The Tucker Act itself does not create a substantive cause of action; in order to come within the jurisdictional reach and the waiver [of sovereign immunity] of the Tucker Act, a plaintiff must identify … As a result, the Federal Circuit has stated, “It is well established that the Military Pay Act is a money-mandating statute.” Smith v. Secretary of the Army, 384 F.3d 1288, 1294 (Fed.Cir.2004) (citing Dysart v.
Cited 2 timesPublished99 Fed. Cl. 552 · United States Court of Federal Claims · Jun 3, 2011
, 1151 (9th Cir.1991) (“It is well established that when the federal government waives its immunity, the scope of the waiver is construed to achieve its remedial purpose.”). … On the other hand, as it does not merely "clarify or explain existing law or regulation,” the Act is clearly not just an interpretive rale. *559 Cf.
Cited 4 timesPublishedJordan M. Meschkow v. United States
109 Fed. Cl. 637 · United States Court of Federal Claims · Mar 14, 2013
Defendant reasons that because the United States is immune from suit except to the extent that it has waived its sovereign immunity, United States v. … Because Plaintiff clearly avers that the actions of the United States Trustee were improper, unauthorized, and in violation of the Stipulation and the bankruptcy court‟s order authority, see, e.g., Am.
Cited 5 timesPublishedD'Tiole v. Secretary of Health & Human Services
132 Fed. Cl. 421 · United States Court of Federal Claims · Mar 28, 2017
To achieve an immune response from the body’s adaptive immune system, the viral strains contained in the vaccine replicate at a temperature consistent with that found in the nasal cavity, but not at the higher temperatures … G at 13 ("the attenuated vaccine virus replicates to induce protective immunity").
Cited 44 timesPublished32 Fed. Cl. 400 · United States Court of Federal Claims · Dec 13, 1994
Moreover, it also is well established that “[t]he United States, as sovereign, is immune from suit save as it consents to be sued, and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain … Plaintiff Calhoun has the burden of proof to establish that this court has jurisdiction to entertain his claims.
Cited 16 timesPublishedUnited States Court of Federal Claims · Mar 29, 2022
Thus, standing alone, invocation of the Tucker Act is insufficient; a plaintiff must also identify a qualifying money mandating source such as a contract, statute, or regulation. Livingston v. … The plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.
Cited 0 timesPublishedLockheed Martin Corp. v. United States
49 Fed. Cl. 241 · United States Court of Federal Claims · Mar 30, 2001
Producing many of the components clearly required technologically-challenging research and design efforts. … Plaintiff’s cross-motion for summary judgment Plaintiff must establish not only “use[ ] in the conduct of qualified research,” as discussed above, but also that no expenses claimed as Supply QRE were spent on non-qualified
Cited 4 timesPublishedUnited States Court of Federal Claims · Jan 7, 2026
Meyer medically qualified and returned him to duty with an indefinite assignment limitation code (“ALC”) C1 restriction. AR at 97. Lt. Col. … While the Tucker Act “constitutes a waiver of sovereign immunity” of the United States for money damages, United States v.
Cited 0 timesPublishedMcClellan v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 29, 2019
On examination, she was found to demonstrate a two- to three-month delay in motor development, and qualified for early intervention services. Id. At Dr. … Given the short time period between vaccination and L.M.’s decline, any immune event would necessarily involve the innate immune system, not the adaptive immune system. Id. at 3; Romberg First Rep. at 3.
Cited 0 timesPublishedBohn v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 21, 2021
McCusker explains that the immune response to infection is not comparable to the immune response to vaccination. … McCusker is better qualified than either Dr. Waters or Dr. Miller to speak both to the immunology underlying cytokine storms and SCLS as well as the immune response to vaccination.
Cited 0 timesPublished
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