Case law

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  • Dominguez v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 19, 2018

    Moran * v. … Shoenfeld, $350 per hour); Savin v. Sec'y of Health & Human Servs., No. 99-537V, 2008 WL 2066611, at *4 (Fed. Cl. Spec. Mstr. Apr. 22, 2008) (awarding another board-certified immunologist, Dr.

    Cited 0 timesPublished
  • Swope v. United States

    United States Court of Federal Claims · Apr 10, 2015

    In Holmes v. … In Cunningham v.

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

    United States Court of Federal Claims · Aug 29, 2024

    Andersson is board certified in Clinical Neurophysiology and Neurology. … He is board certified in internal medicine. Id. at 159.

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

    United States Court of Federal Claims · May 20, 2020

    He is not board certified in dermatology. In his report, Dr. … Though he is not board certified in dermatology, Dr.

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

    United States Court of Federal Claims · Nov 29, 2023

    Such an across-the-board reduction (which I am empowered to adopt) 6 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
  • Depena v. Secretary of Health and Human Services

    133 Fed. Cl. 535 · United States Court of Federal Claims · Aug 9, 2017

    Lokshin, the special master noted, was not board certified in immunology, did not have any training in T cells, and was not performing research. The special master qualified Dr. … Cir. 1994) (citing Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993); Jay v. Sec’y of HHS, 998 F.2d 979, 984 (Fed.

    Cited 33 timesPublished
  • Edwards v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 23, 2024

    See Rochester v. United States, 18 Cl. … Although an hourly rate of $500.00 is considered high in the Vaccine Program, the undersigned will allow that rate in this case based on his qualifications as a board-certified neurologist. II.

    Cited 0 timesUnpublished
  • Sparton Corp. v. United States

    68 Fed. Cl. 34 · United States Court of Federal Claims · Sep 28, 2005

    Id. at 1314 (citing Brown v. 3M, 265 F.3d 1349, 1352 (Fed.Cir.2001)). It is by applying this reformulated standard that the Court must construe the claims in this case. … However, as articulated by the Federal Circuit in Sage Prod., Inc. v.

    Cited 3 timesPublished
  • Martin v. United States

    30 Fed. Cl. 542 · United States Court of Federal Claims · Jan 28, 1994

    In United States v. … See United States v.

    Cited 25 timesPublished
  • Grass Valley Terrace v. United States

    69 Fed. Cl. 341 · United States Court of Federal Claims · Dec 21, 2005

    Ltd. v. … Co. v.

    Cited 10 timesPublished
  • Robinson v. United States

    United States Court of Federal Claims · Nov 19, 2025

    In November 2017, a Physical Evaluation Board (“PEB”) found him physically unfit for service and recommended him for medical retirement. Id. at 18, 22. … See Barnard v. United States, 620 F. App’x 961, 962 (Fed. Cir. 2015); Liberty Mut. Ins. Co. v. United States, 70 Fed. Cl. 37, 41 (2006); Mark Smith Const. Co. v. United States, 10 Cl.

    Cited 0 timesUnpublished
  • I3 Cable & Harness LLC v. United States

    132 Fed. Cl. 495 · United States Court of Federal Claims · Jun 30, 2017

    (capitalization and emphasis in original). 6 According to the initial Price Evaluation Report, prepared by the Source Selection Evaluation Board (SSEB) and issued … .” *** Nothing in Brown’s affidavit [whereby Am-Pro attempted to show bad faith], moreover, suggests that the government “had a specific intent to

    Cited 0 timesPublished
  • Rolle v. United States

    United States Court of Federal Claims · Jan 5, 2018

    Meeks v. United States, 2007 WL 5172431, at *3 (Fed. Cl. Aug. 6, 2007); see also Emerson v. United States, 123 Fed. Cl. 126, 129 (Fed. … See Stacey v. Warden, Apalachee Corr.

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

    United States Court of Federal Claims · Jan 31, 2025

    See Sabella v. Sec’y of Health & Human Servs., 86 Fed. … Arts is board-certified in otolaryngology and neurotology, and is currently a Clinical Professor Emeritus of Otolaryngology and Neurosurgery at the University of Michigan, and a Professor of Otolaryngology – Head & Neck Surgery

    Cited 0 timesUnpublished
  • Baylin v. United States

    30 Fed. Cl. 248 · United States Court of Federal Claims · Dec 20, 1993

    McKeague v. United States, 12 Cl.Ct. 671, 675 (1987) (quoting Keller Street Dev. Co. v. Commissioner, 688 F.2d 675, 681 (9th Cir. 1982); United States v. Gilmore, 372 U.S. 39 , 83 S.Ct. 623 , 9 L.Ed.2d 570 (1963)). … Chanticleer Skyline Room, Inc. v. Greer, 271 Md. 693, 700-701 , 319 A.2d 802 (1974) (citations and footnote omitted) Board of Educ. of Washington County v.

    Cited 1 timesPublished
  • Darby Development Company, Inc. v. United States

    United States Court of Federal Claims · May 17, 2022

    Tex.), appeal dismissed, 15 F.4th 683 (5th Cir. 2021 ); Brown v. Dep 't ofHealth & H11111. Servs. , 497 F. Supp. 3d 1270 (N.D. … V.

    Cited 0 timesPublished
  • Massachusetts Mutual Life Insurance v. United States

    66 Fed. Cl. 217 · United States Court of Federal Claims · Jun 30, 2005

    See Flora v. … In Brown v.

    Cited 2 timesPublished
  • Carr v. United States

    61 Fed. Cl. 326 · United States Court of Federal Claims · Jul 16, 2004

    Boling v. … Plaintiffs assert a constitutionally vested property interest based on Perry v. Sindermann, 408 U.S. 593 , 92 S.Ct. 2694 , 33 L.Ed.2d 570 (1972). Perry’s companion case, Board of Regents of State Colleges v.

    Cited 2 timesPublished
  • Monbo v. United States

    United States Court of Federal Claims · Mar 20, 2025

    (citing Brown v. United States, 131 Fed. Cl. 540, 543 (2017)); cf. Brown, 131 Fed. … Sept. 3, 2024); Monbo v. United States, No. 24-1658 (Fed. Cl. Oct. 15, 2024); Monbo v. United States, No. 24- 1683 (Fed. Cl. Oct. 17, 2024); Monbo v. United States, No. 24-2083 (Fed. Cl. Dec. 18, 2024); Monbo v.

    Cited 0 timesUnpublished
  • Progress for Bakersfield Veterans, LLC v. United States

    United States Court of Federal Claims · Jan 7, 2021

    Blue & Gold Fleet, L.P. v. United States, 492 F.3d 1308, 1314 (Fed. Cir. 2007) (quoting N.C. Div. of Servs. for the Blind v. United States, 53 Fed. … Design Grp. v. United States, 951 F.3d 1366, 1372 (Fed. Cir. 2020) (quoting Enhanced Veterans Sol., Inc. v. United States, 131 Fed. Cl. 565, 588 (2017)).

    Cited 0 timesPublished

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