Case law

Opinions from 1658 to today.

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  • Blueport Co., LLP v. United States

    76 Fed. Cl. 702 · United States Court of Federal Claims · May 7, 2007

    Reynolds, 846 F.2d at 748 ; Zunamon v. Brown, 418 F.2d 883, 886 (8th Cir. 1969) (“[T]he court may demand that the party alleging jurisdiction justify his allegations by a preponderance of evidence.”) (quoting McNutt v. … Ltd. v.

    Cited 7 timesPublished
  • Buckeye Power, Inc. v. United States

    38 Fed. Cl. 154 · United States Court of Federal Claims · May 28, 1997

    Ass’n v. … Holiday Village Shopping Ctr. v. United States, 773 F.2d 276 , 280 (Fed.Cir.1985); see Halle v. Commissioner, 83 F.3d 649, 655 (4th Cir.1996); Dalton v. IRS, 77 F.3d 1297, 1304 (10th Cir. 1996).

    Cited 3 timesPublished
  • Marquardt Co. v. United States

    101 Fed. Cl. 265 · United States Court of Federal Claims · Oct 27, 2011

    Locke v. … Sept. 6, 2011); Whitesell Corp. v. Whirlpool Corp., No. 1:05-CV-679, 2009 WL 3327241 , at *3 (W.D.Mich. Oct. 13, 2009); Baron Fin. Corp. v. Natanzon, 509 F.Supp.2d 501, 517 (D.Md.2007); Brown v. Buschman Co., No. Civ.

    Cited 18 timesPublished
  • Brantley-Karasinski v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 1, 2024

    Such an across-the-board reduction (which I am empowered to adopt)9 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
  • Nathan and Deborah Childers v. the United States 08-1981

    112 Fed. Cl. 617 · United States Court of Federal Claims · Aug 5, 2013

    United States v. … See United States v.

    Cited 5 timesPublished
  • Bath Iron Works Corp. v. United States

    40 Cont. Cas. Fed. 76,840 · United States Court of Federal Claims · Sep 28, 1995

    United States v. Dun can, 919 F.2d 981, 988 (5th Cir.1990); United States v. Robinson, 774 F.2d 261, 276 (8th Cir.1985). Second, the underlying evidence must itself be admissible. Martin v. … Vasey v. Martin Marietta Corp., 29 F.3d 1460, 1468-69 (10th Cir.1994); United States v. Drougas, 748 F.2d 8, 25 (1st Cir.1984); Needham, 639 F.2d at 403 ; Pritchard v.

    Cited 14 timesPublished
  • Datamill, Inc. v. United States

    91 Fed. Cl. 722 · United States Court of Federal Claims · Mar 23, 2010

    Brown, 886 S.W.2d 530 , 549 (Tenn.1992)). … Co. v.

    Cited 25 timesPublished
  • Barlow v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 14, 2020

    Brad Klein is a board-certified neurologist by the American Board of Psychiatry and Neurology. Pet. Ex. 6 at 1. … In Daubert v.

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

    United States Court of Federal Claims · May 30, 2024

    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
  • Paluck ex rel. Paluck v. Secretary of Health & Human Services

    104 Fed. Cl. 457 · United States Court of Federal Claims · Apr 18, 2012

    Frye is board-certified in general pediatrics and in neurology with special competence in child neurology. … Snodgrass is board-certified in neurology, with special competence in child neurology.

    Cited 90 timesPublished
  • May v. United States

    United States Court of Federal Claims · Jul 13, 2022

    See Brown Park, 127 F.3d at 1458. … . ¶¶ 56, 83, fair no better because “a claim based upon a single distinct event, which may have continued ill effects later on, is not a continuing claim,” Brown Park, 127 F.3d at 1456.

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

    United States Court of Federal Claims · Mar 12, 2024

    Such an across-the- board reduction (which I am empowered to adopt)8 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
  • Murphy v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 3, 2017

    Grice v. Sec’y of Health & Human Servs., 36 Fed. … I will accordingly pay her a flat rate of $300 across the board, including time testifying, rather than differentiating by task as her invoice does. Fees App. Ex. 2 at 2. Dr.

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

    72 Fed. Cl. 460 · United States Court of Federal Claims · Sep 19, 2006

    Bill’s Coal Co. v. Board of Pub. Utils., 887 F.2d 242 , 245 (10th Cir.1989). … See Bill’s Coal Co. v. Board of Pub. Utils., 887 F.2d at 245 (“Sellers have the burden of proving that they are lost volume sellers____”) (applying Missouri law); R.E. Davis Chemical Corp. v.

    Cited 13 timesPublished
  • M. Nicolas Enterprises, Llc.

    United States Court of Federal Claims · Sep 1, 2021

    Relying on two cases, Carey v. Piphus, 435 U.S. 247 (1978), and Bivens v. … See Brown v. United States, 105 F.3d 621, 624 (Fed. Cir. 1997).

    Cited 0 timesPublished
  • Moden v. United States

    60 Fed. Cl. 275 · United States Court of Federal Claims · Apr 9, 2004

    See Brown v. United States, 105 F.3d 621, 623 (Fed.Cir. 1997); Morris v. United States, 33 Fed.Cl. 733, 740 (1995); Poorbaugh v. United States, 27 Fed.Cl. 628, 631 (1993). … Clark v.

    Cited 5 timesPublished
  • Ullman v. United States

    64 Fed. Cl. 557 · United States Court of Federal Claims · Mar 25, 2005

    United States v. … Brown v. United States, 105 F.3d 621, 623 (Fed.Cir.1997). Plaintiffs claim for “pain and suffering” sounds in tort and is not within the jurisdiction of this court. See, e.g., Pratt v.

    Cited 7 timesPublished
  • Bradley v. United States

    United States Court of Federal Claims · Jun 24, 2022

    . § 3727; District of Columbia v. … Cl. 1955) (holding that an attorney’s lien authorized by the plaintiff’s board of directors was “ineffectual because of the Anti-Assignment Act”).

    Cited 0 timesUnpublished
  • Saguaro Chevrolet, Inc. v. United States

    77 Fed. Cl. 572 · United States Court of Federal Claims · Jul 25, 2007

    Plaintiff alleges that on or about July 14, 2004, it mailed its notice of appeal to the Interior Board of Indian Appeals Office of Hearing and Appeals (IBIA) filing office. Id. … United States v.

    Cited 7 timesPublished
  • Johnson v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 17, 2024

    She is board certified in psychiatry and neurology. (Id.) She is currently an assistant professor in the Department of Neurology at Boston Medical Center at Boston University. (Id.) … Andreu v. Sec’y of Health & Human Servs., 569 F.3d 1367, 1378-79 (Fed. Cir. 2009) (citing Capizzano v. Sec’y of Health & Human Servs., 440 F.3d 1317, 1325-26 (Fed. Cir. 2006)).

    Cited 0 timesUnpublished

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