Case law

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  • Rushing v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 12, 2024

    He is board certified in neurology from the American Board of Psychiatry and Neurology. Steinman CV at 2. Dr. Steinman has also published hundreds of peer-reviewed publications on neurology and autoimmune disease. … He is board certified by the American Board of Pediatrics in General Pediatrics and Hematology-Oncology. Id. at 5. Dr.

    Cited 0 timesUnpublished
  • Fishermen's Finest, Inc. v. United States

    United States Court of Federal Claims · Aug 27, 2021

    In addition to the permit and licensing requirements of this part, and except as provided in paragraph (k)(2) of this section, each vessel within the GOA or the BSAI must have an LLP groundfish license on board … Pursuant to 50 C.F.R. § 648.4(a)(5) (1996), the Atlantic Star was required to carry on board a valid Atlantic mackerel permit to fish for, possess, or land Atlantic Mackerel in or from the EEZ.

    Cited 0 timesPublished
  • Hine v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 29, 2020

    In Avera v. … V.

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

    United States Court of Federal Claims · Feb 15, 2017

    Huq is a board-certified neurologist with a special qualification in child neurology and clinical genetics. Tr. at 92, Pet’rs’ Ex. 28. Dr. … Cohen is board-certified in neurology, with special competence in child neurology, and has in the past been board-certified in pediatrics. Ex.

    Cited 0 timesPublished
  • Katzin v. United States

    127 Fed. Cl. 440 · United States Court of Federal Claims · Jul 15, 2016

    Cl. at 202; DX 1 at 11-12 (Report of the Puerto Rico Planning Board, “Culebra: A Plan for Conservation and Development” (Oct. 1973)). … E.g., Phillips v. Washington Legal Found., 524 U.S. 156, 164 (1998) (citing Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972)).

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

    United States Court of Federal Claims · Aug 30, 2018

    Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On October 4, 2016, Helen G. Isham (“Ms. … Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1349 (Fed. Cir. 2008).

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

    United States Court of Federal Claims · Mar 27, 2024

    Doe/11 v. Sec’y of Health & Human. Servs., No. XX-XXXV, 2010 WL 529425, at *9-10 (Fed. Cl. Spec. Mstr. Jan. 29, 2010) (citing Missouri v. Jenkins, 491 U.S. 274, 288 (1989)); Mostovoy v. Sec’y of Health & Human. … 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
  • Hernandez, Kroone and Associates, Inc. v. United States

    United States Court of Federal Claims · Jan 23, 2014

    In Farrar v. … Stillwell v. Brown, 46 F.3d 1111, 1113 (Fed. Cir. 1995) (quoting Chiu, 948 F.2d 715). The predominant issue in this case was the scope of the contract that the Corps of Engineers (“COE”) awarded to plaintiff.

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

    United States Court of Federal Claims · Jun 15, 2026

    He is board certified in ophthalmology. … See W.C. v. Sec’y of Health & Hum.

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

    United States Court of Federal Claims · Dec 4, 2023

    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
  • Tetzlaff

    United States Court of Federal Claims · Nov 25, 2015

    Plaintiff also requested clarification as to why there was no Special Needs Review Board or provider training regarding Epi-pen administration to children with special needs. … See 28 U.S.C. § 1346(b)(l); see also Brown v. United States, 74 Fed.

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

    United States Court of Federal Claims · May 8, 2024

    Hixson is board certified by the American Academy of Psychiatry and Neurology. Hixson First Rep. at 1. Clinically, he sees patients in both an outpatient and inpatient setting—on average, Dr. … Anand is board certified by the American Board of Psychiatry and Neurology, and she has also published extensively on topics in neurology. Anand CV at 1, 9–13; Anand First Rep. at 2. First Report Dr.

    Cited 0 timesUnpublished
  • Banks v. United States

    93 Fed. Cl. 41 · United States Court of Federal Claims · May 4, 2010

    Co. v. … Brown, 441 F.3d 1330, 1362 (11th Cir.2006))). Plaintiffs rely on Geico Casualty Co. v. Beauford (Geico), No. 8:05-cv-697-T-24EAJ, 2007 WL 2412974 , 2007 U.S. Dist. LEXIS 61379 (M.D.Fla. Aug. 21, 2007) and Washington v.

    Cited 9 timesPublished
  • Laferney v. United States

    United States Court of Federal Claims · Jan 14, 2020

    See, e.g., Potter v. United States, 108 Fed. … Brown v. United States, 74 Fed. Cl. 546, 550 (2006) (citing 28 U.S.C. § 1631).” The court has already determined that it lacks jurisdiction over plaintiffs claims.

    Cited 0 timesUnpublished
  • BINL, Inc. v. United States

    106 Fed. Cl. 26 · United States Court of Federal Claims · Jun 26, 2012

    Servs., LLC v. … Int'l, Inc. v.

    Cited 23 timesPublished
  • Miller v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 29, 2024

    Accordingly, I will reduce the sum to be awarded for damages briefing (a total of 34.5 hours, or $9,831.00) by twenty percent.8 Such an across-the-board reduction (which I am empowered to adopt)9 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
  • Rolshoven v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 1, 2018

    He is also board certified by the American Board of Psychiatry and Neurology. Id. at 3. Dr. … He is board certified in neurology, with special qualifications in pediatric neurology and neurodevelopmental disabilities. See Ex. B (Kruer CV) at 1; Tr. at 156. Dr.

    Cited 0 timesPublished
  • Lion Raisins, Inc. v. United States

    57 Fed. Cl. 505 · United States Court of Federal Claims · Aug 20, 2003

    Stillwell v. Brown, 46 F.3d 1111, 1113 (Fed.Cir.1995) (internal quotation marks and citations omitted); see also Clemmons v. … Vollmer Co. v.

    Cited 37 timesPublished
  • Mobile Medical International Corp. v. United States

    95 Fed. Cl. 706 · United States Court of Federal Claims · Aug 31, 2010

    B3H Corp., 75 F.3d 1577 (Fed.Cir.1996) (holding that Board of Contract Appeals should defer to agency’s best value decision as long as it is “grounded in reason ... even if the Board itself might have chosen a different bidder … units, 5,000 kW heating units, a HEPA filter system, 208V three phase 60 Hertz power system, 200A power source, two (2) Hevi-Duty SOLA Isolation Transformers, analog meters, three phase 208V main power distribution panel boards

    Cited 9 timesPublished
  • Hernandez, Kroone and Associates, Inc. v. United States

    United States Court of Federal Claims · Jan 23, 2014

    In Farrar v. … Stillwell v. Brown, 46 F.3d 1111, 1113 (Fed. Cir. 1995) (quoting Chiu, 948 F.2d 715). The predominant issue in this case was the scope of the contract that the Corps of Engineers (“COE”) awarded to plaintiff.

    Cited 0 timesUnpublished

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