Case law
Opinions from 1658 to today.
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Tejeda v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 21, 2025
He is board certified in neurology, with a subspeciality in electrodiagnostic medicine and neuromuscular disorders, and he maintains his medical license in New Jersey. (Id. at 1.) Dr. … Brown & Williamson Tobacco Corp., 509 U.S. 209, 242 (1993)); Bushnell v. Sec'y of Health & Human Servs., No. 02-1648V, 2015 WL 4099824, at *12 (Fed. Cl. Spec. Mstr. June 12, 2015) (finding that “because Dr.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jan 26, 2018
Brown v. United States, 105 F.3d 621,624 (Fed. Cir. 1997). Further, the only proper defendant in this court is the United States. E.g., United States v. Sherwood, 312 U.S. 584, 588 ( l94l ) (citations omitted). … See. e.9., Silva v. Crain, 169 F.3d 608,610 (9th Cir. 1999).
Cited 0 timesUnpublishedWetsel-Oviatt Lumber Co. v. United States
43 Fed. Cl. 748 · United States Court of Federal Claims · May 25, 1999
On November 2, 1992, the Forest Service conducted an oral auction for the sale of an estimated 4,380 thousand board feet (“MBF”) of timber known as the Bald Mountain timber sale, located on the Eldorado National Forest in … See, e.g., United Int’l Investigative Servs., Inc. v. United States, 41 Fed.Cl. 312, 323 (1998); PCI/RCI v. United States, 36 Fed.Cl. 761, 776 (1996); TRW Envtl. Safety Sys., Inc. v.
Cited 10 timesPublishedAlanis v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 9, 2026
Accordingly, I will reduce the sum to be awarded for damages briefing (a total of 28.0 hours, or $12,964.00) by ten percent. 6 Such an across-the-board reduction (which I am empowered to adopt) 7 fairly captures the overbilling … See, e.g., Abbott v. Sec’y of Health & Hum. Servs., 135 Fed. Cl. 107, 111 (2017); Raymo v. Sec’y of Health & Hum. Servs, 129 Fed. Cl. 691, 702-704 (2016); Sabella v. Sec’y of Health & Hum. Servs., 86 Fed.
Cited 0 timesUnpublishedSacramento Municipal Utility District v. the United States 09-587c &
United States Court of Federal Claims · Jan 31, 2013
As a result of a public referendum, on June 7, 1989, SMUD’s Board of Directors decided to shut down Rancho Seco permanently. Id. at 340. … Dist. v.
Cited 0 timesPublished56 Fed. Cl. 30 · United States Court of Federal Claims · Mar 27, 2003
Arizona v. … Interwest Constr. v. Brown, 29 F.3d 611, 614 (Fed.Cir.1994); Blinderman Constr. Co. v.
Cited 8 timesPublishedTyree v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 3, 2024
Avera v. Sec’y of Health & Hum. Servs., 515 F.3d 1343, 1348 (Fed. Cir. 2008) (emphasis added), (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)). … Fox v. Vice, 563 U.S. 826, 838, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011). Instead, in appropriate circumstances they may make reasonable, across-the-board percentage adjustments.
Cited 0 timesUnpublished98 Fed. Cl. 470 · United States Court of Federal Claims · May 6, 2011
(“We note that treating the FHLBB’s [Federal Home Loan Bank Board’s] forbearance letter [an offer of favorable accounting treatment for supervisory goodwill] as a counteroffer fits the transaction neatly into the mold of … See Bowen v. Massachusetts, 487 U.S. 879 , 905 & n. 40, 108 *489 S.Ct. 2722 , 101 L.Ed.2d 749 (1988); Richardson v. Morris, 409 U.S. 464, 465 , 93 S.Ct. 629 , 34 L.Ed.2d 647 (1973); Brown v.
Cited 3 timesPublishedSimanski ex rel. O.A.S. v. Secretary of Health & Human Services
115 Fed. Cl. 407 · United States Court of Federal Claims · Apr 2, 2014
Noting that both experts are board-certified in pediatrics and neurology with a special competence in child neurology, Special Master Moran wrote that, “[ujnlike Dr. Maertens, Dr. … He became board-certified in the relevant discipline, electrodiagnostic medicine, in 1999, and a primary part of his clinical practice is to conduct and to interpret pediatric EMGs. Additionally, Dr.
Cited 110 timesPublishedRosseter v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 9, 2022
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. … See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed.
Cited 0 timesUnpublishedDairyland Power Cooperative v. United States
79 Fed. Cl. 709 · United States Court of Federal Claims · Nov 20, 2007
Brown-stein’s declaration, then, only “recite[s] the general rationale for the deliberative process privilege without identifying any particular concern with disclosure of information on these issues.” Id. at 11. … Co-op. v. United States, 77 Fed.Cl. 330 (2007).
Cited 6 timesPublishedMonaco v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 8, 2026
Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). … Fox v. Vice, 563 U.S. 826, 838, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011). Instead, in appropriate circumstances they may make reasonable, across-the-board percentage adjustments.
Cited 0 timesUnpublishedCalifornia Oregon Broadcasting, Inc. v. United States
74 Fed. Cl. 394 · United States Court of Federal Claims · Nov 6, 2006
Co. of Am. v. … See Pruner v. Brown, 216 Va. 885 , 223 S.E.2d 890 (Va.1976); Steen v. Rus-tad, 132 Mont. 96 , 313 P.2d 1014 (1957); Associated Truck Lines, Inc. v.
Cited 5 timesPublishedBantugan v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 21, 2020
Harris is board certified in anatomic pathology and neuropathology. … In Daubert v.
Cited 0 timesPublishedAlvarado Construction, Inc. v. United States
39 Cont. Cas. Fed. 76,708 · United States Court of Federal Claims · Oct 4, 1994
Mayfair Construction Co. v. … In addition, defendant argues that Santa Fe Engineers, Inc. v.
Cited 0 timesPublishedUnited States Court of Federal Claims · Jan 26, 2018
Brown v. United States, I 05 F.3d 621, 624 (Fed. Cir. I 997). Further, the only proper defendant in this court is the United States. E4, United States v. Sherwood,312 U.S. 584, 588 (1941) (citations omitted). … E.q., Jefferson v. United States, 104 Fed. Cl. 81, 88-89 (2012). V.
Cited 0 timesUnpublishedPaltrowitz v. Secretary of Health and Human Services
United States Court of Federal Claims · May 18, 2026
Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). … Fox v. Vice, 563 U.S. 826, 838, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011). Instead, in appropriate circumstances they may make reasonable, across-the-board percentage adjustments.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jun 8, 2023
UnitedHealth Mil. & Veterans Servs., LLC v. United States, 132 Fed. Cl. 529, 551 (2017); Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. … In the SSEB’s report, the Board included each offeror’s percentage breakdowns, if provided, to explain its recency and relevancy determinations. (AR 3157–59).
Cited 0 timesPublished46 Fed. Cl. 640 · United States Court of Federal Claims · Apr 21, 2000
.”); Levy v. … . § 1491 (a)(1) (1994); see Brown v. United States, 105 F.3d 621, 623 (Fed.Cir.1997) (reh’g denied); Golden Pacific Bancorp, v.
Cited 9 timesPublishedPerfect Form Manufacturing LLC v. United States
United States Court of Federal Claims · Apr 24, 2019
Evid. 401; accord Oppenheimer Fund, Inc. v. … -6- taxpayer uses to set the prices of its goods directly affects” the I.R.C. § 6416(a) inquiry, Browning Arms Co. v. United States, 56 Fed.
Cited 0 timesPublished
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