Case law

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  • Mesa Grande Band of Mission Indians v. United States

    121 Fed. Cl. 183 · United States Court of Federal Claims · May 20, 2015

    Brown, 418 F.2d 883, 886 (8th Cir. 1969) (in turn quoting McNutt, 298 U.S. at 189)). … Cir. 1996); Keweenaw Bay Indian Cmty. v. Michigan, 11 F.3d 1341, 1347 (6th Cir.1993); Makah Indian Tribe v. Verity, 910 F.2d 555, 558 (9th Cir. 1990); McLaughlin v.

    Cited 1 timesPublished
  • Supernaw v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 30, 2025

    Such an across-the-board reduction (which I am empowered to adopt) 7 fairly captures the overbilling evidenced by this work, without requiring me to act as a “green eye-shaded accountant” in identifying with specificity each … 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 timesUnpublished
  • Suess v. United States

    52 Fed. Cl. 221 · United States Court of Federal Claims · Apr 1, 2002

    In Suess v. … Bank v.

    Vacated on other grounds by Suess v. United States, 535 F.3d 1348 (2008)Cited 22 timesPublished
  • R & D Dynamics Corp. v. United States

    80 Fed. Cl. 715 · United States Court of Federal Claims · Aug 30, 2007

    consists of an evaluation by “a panel of senior level Army scientists and technologists (Technical Area Chiefs—TACs) who review the forwarded proposals from an Army-wide perspective and together as the Source Selection Board … Bannum, Inc. v.

    Cited 6 timesPublished
  • Martinez v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 3, 2022

    See Tucker v. Sec’y of Health & Hum. Servs., No. 17-566V, 2019 WL 1796124, at *2 (Fed. Cl. Spec. Mstr. Apr. 2, 2019). Dr. Halbrecht is a board-certified orthopedic surgeon. Pet. Ex. 25 at 5. … Halbrecht’s qualifications and experience as a board- certified orthopedic surgeon, the prevailing rates of other similar experts being up to $600.00, the report Dr.

    Cited 0 timesUnpublished
  • Wall v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 24, 2020

    Moran Petitioners, * v. … Miglis is a board-certified neurologist and autonomic specialist with extensive experience. See Exhibit 30; Pet’rs’ Mot. IAFC at 4-5.

    Cited 0 timesUnpublished
  • Global Dynamics, LLC v. United States

    United States Court of Federal Claims · Jan 25, 2017

    No. 16-1311C (Originally filed: December 16, 2016) (Reissued: January 25, 2017)1 ********************** GLOBAL DYNAMICS, LLC, Plaintiff, v. … The Army received 45 offers, and the Source Selection Evaluation Board (“SSEB”) met and reviewed the technical volumes of the proposals, and the Performance Risk Assessment Group met and reviewed the performance risk submissions

    Cited 0 timesPublished
  • Jerdine v. United States

    United States Court of Federal Claims · Aug 21, 2020

    See Brown v. United States, 105 F.3d 621, 624 (Fed. Cir. 1997). This court is also without jurisdiction to consider claims sounding in tort. … See, e.g., Katz v. Cisneros, 16 F.3d 1204, 1207 (Fed.

    Cited 0 timesUnpublished
  • Coleman v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 7, 2021

    He is board certified in internal medicine, rheumatology, and allergy and clinical immunology. Id. at 3. Dr. Gershwin authored two expert reports. Pet. Exs. 14, 36. b. … See Broekelschen v. Sec’y of Health & Hum. Servs., 618 F.3d 1339, 1347 (Fed.

    Cited 0 timesPublished
  • James v. United States

    United States Court of Federal Claims · Jul 12, 2018

    See Collins v. United States, 67 F.3d 284, 288 (Fed. Cir. 1995) (due process clause is not money mandating); James v. Caldera, 159 F.3d 573, 581 (Fed. … Brown v. United States, l 05 F .3d 62 l, 623 (Fed. Cir. 1997) (Court of Federal Claims lacks jurisdiction over tort actions against the United States) (citing 28 U.S.C. § 1491(a) and Keene Corp. v.

    Cited 0 timesUnpublished
  • McCarn v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 10, 2026

    Accordingly, I will reduce the sum to be awarded for damages briefing (a total of 23.0 hours, or $9,200.00) by ten percent. 5 Such an across-the-board reduction (which I am empowered to adopt) 6 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 timesUnpublished
  • Public Housing Authorities Directors Association v. United States

    130 Fed. Cl. 522 · United States Court of Federal Claims · Jan 18, 2017

    See United Food & Commercial Workers Union Local 751 v. Brown Grp., Inc., 517 U.S. 544, 554 (1996) (observing that Warth v. … United States v. Winstar Corp., 518 U.S. 839, 912 (1996) (quoting Lynch v. United States, 292 U.S. 571, 579 (1934)); see also Mobil Oil Expl. & Producing Se., Inc. v. United States, 530 U.S. 604, 607–08 (2000).

    Cited 7 timesPublished
  • Textron, Inc. v. United States

    74 Fed. Cl. 277 · United States Court of Federal Claims · Nov 17, 2006

    Corp. v. … . § 759 (f)(5)(B), which allowed the agency board discretion in deciding if violation of mandatory requirement merited relief); Andersen Consulting v. United States, 959 F.2d 929 (Fed.Cir.1992) (same).

    Cited 119 timesPublished
  • Concept Automation, Inc. v. United States

    42 Cont. Cas. Fed. 77,348 · United States Court of Federal Claims · Jul 23, 1998

    Corp. v. … See Doty v.

    Cited 12 timesPublished
  • Taebel v. United States

    United 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. Eg", United States v. Sherwood, 312 U.S. 584, 588 (1941) (citations omitted). … 4, Jefferson v. United States, 104 Fed. CI.81,88-89 (2012).

    Cited 0 timesUnpublished
  • Greene v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 30, 2025

    See Mostovoy v. … 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 timesUnpublished
  • Wright v. United States

    53 Fed. Cl. 466 · United States Court of Federal Claims · Aug 28, 2002

    In Kori Corp. v. … Id.; Standard Mfg., 42 Fed.Cl. at 779 ; Gargoyles, Inc. v. United States, 37 Fed.Cl. 95, 109 (1997); see also Allen Archery, Inc. v. Browning Mfg.

    Cited 7 timesPublished
  • Labat-Anderson, Inc. v. United States

    50 Fed. Cl. 254 · United States Court of Federal Claims · Aug 24, 2001

    Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). … Bliss Co. v. United States, 77 F.3d 445, 447 (Fed.Cir.1996) (quoting Lincoln Servs., Ltd. v. United *260 States, 230 Ct.Cl. 416 , 678 F.2d 157, 158 (1982)).

    Cited 0 timesPublished
  • Precision Pine & Timber, Inc. v. United States

    81 Fed. Cl. 235 · United States Court of Federal Claims · Sep 14, 2007

    In that case, plaintiff argued that the Armed Services Board of Contract Appeals (“Board”) “should have awarded [it] anticipated profits and fixed overhead associated with future contracts which, it contended], it would have … See Greer Properties, Inc. v.

    Cited 10 timesPublished
  • Tinsley v. United States

    72 Fed. Cl. 326 · United States Court of Federal Claims · Aug 2, 2006

    See Haines v. … See Brown v.

    Cited 0 timesPublished

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