Case law

Opinions from 1658 to today.

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  • Evergreen Trading, LLC ex rel. GN Investments, LLC v. United States

    80 Fed. Cl. 122 · United States Court of Federal Claims · Dec 21, 2007

    Kovel, 296 F.2d at 922 ; see also Cavallaro, 284 F.3d at 247 ; Adlman I, 68 F.3d at 1500 ; United States v. Brown, 478 F.2d 1038, 1040 (7th Cir.1973); In re G-I Holdings, Inc., 218 F.R.D. at 434-35 ; United States v. … Brown Bag Software v. Symantec Corp., 960 F.2d 1465, 1470 (9th Cir.1992); see also Eggleston v.

    Cited 35 timesPublished
  • Oasis International Waters, Inc. v. United States

    110 Fed. Cl. 87 · United States Court of Federal Claims · Apr 18, 2013

    Commodity Futures Trading Comm’n v. Weintraub, 471 U.S. 343, 348 (1985). This is because “[s]tate corporation laws generally vest management authority in a corporation’s board of directors . . . … [and] [t]he authority of officers derives legally from that of the board of directors.” Id. at 348 n.4; see also Alexander v.

    Cited 18 timesPublished
  • Quest Diagnostics, Inc. v. United States

    110 Fed. Cl. 716 · United States Court of Federal Claims · May 1, 2013

    Fed’n of Gov’t Emps. v. United States, 258 F.3d 1294, 1302 (Fed. Cir. 2001). … V. United States, 39 Fed. Cl. 231 (1997). All that is required of an agency is that it has a reasonable basis for its decision. See Honeywell, Inc. V. United States, 570 F.2d 644, 684 (Fed. Cir. 1989).

    Cited 2 timesPublished
  • Dharia v. United States

    United States Court of Federal Claims · Apr 5, 2019

    United States v. … This court does not possess jurisdiction to hear claims against individual federal government officials M Brown v. United States, 105 F.3d 621, 624 (Fed.

    Cited 0 timesUnpublished
  • Voith Hydro, Inc. v. United States

    United States Court of Federal Claims · May 8, 2019

    See Voith Hydro, Inc. v. United States, 142 Fed. Cl. 233 (2019); Voith Hydro, Inc. v. United States, 141 Fed. … Corp. v. Dalton, 88 F.3d 990, 1000 (Fed.

    Cited 0 timesPublished
  • Brunswick Corp. v. United States

    34 Fed. Cl. 532 · United States Court of Federal Claims · Nov 30, 1995

    Markman v. Westview Instr., Inc., 52 F.3d 967, 979 (Fed.Cir.1995) (citing Unique Concepts, Inc. v. Brown, 939 F.2d 1558,1561 (Fed.Cir.1991)). … Markman, 52 F.3d at 980 (citing Brown v. Piper, 91 U.S. 37, 41 , 23 L.Ed. 200 (1875)); Seattle Box Co. v.

    Cited 5 timesPublished
  • Winterfeld v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 2, 2018

    Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1347-48 (Fed. Cir. 2008) (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)). … See Rosof v. Sec'y of Health & Human Servs., No. 14–766V, 2017 WL 1649802, at *4 (Fed. Cl. Spec. Mstr. Mar. 31, 2017); Brown v. Sec'y of Health & Human Servs., No. 09–426V, 2012 WL 952268, at *10–11 (Fed. Cl. Spec.

    Cited 0 timesUnpublished
  • Kettle v. United States

    104 Fed. Cl. 699 · United States Court of Federal Claims · Apr 18, 2012

    See Deutsche Bank AG v. United States, 95 Fed.Cl. 423 , 427 n. 3 (2010) (citing Brown & Williamson, Ltd. v. … FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 132 , 120 S.Ct. 1291 , 146 L.Ed.2d 121 (2000) (quoting Chevron U.S.A., Inc. v. Natural Res. Def.

    Cited 2 timesPublished
  • Fisher v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 28, 2024

    He is board certified in pediatrics, neurology with special competence in child neurology, and clinical neurophysiology. Id. Dr. … Davis v. Sec’y of Health & Hum. Servs., 94 Fed.

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

    United States Court of Federal Claims · Feb 17, 2026

    Latov is board-certified by the American Board of Psychiatry and Neurology, and is licensed to practice in New York state. Curriculum Vitae, filed as Ex. 33 (ECF No. 37-2) (“Latov CV”) at 2. … Callaghan is board certified in both Neurology and Electrodiagnostic Medicine. Id. Throughout his practice, Dr.

    Cited 0 timesUnpublished
  • James Talcott Construction, Inc. v. United States

    United States Court of Federal Claims · Mar 4, 2019

    Sheathing is a board of material, usually wood, used to construct floors, roofs, and walls. … Talcott elected to use untreated “Exposure 1” Opposed Strand Board for the first-floor sheathing and Opposed Strand Board joists for crawl spaces framing; Exposure 1 requires the moisture content level to be maintained below

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

    United States Court of Federal Claims · Sep 9, 2025

    Such an across-the-board reduction (which I am empowered to adopt)9 fairly captures the overbilling evidenced by billed for drafting an entitlement and damages brief and responsive entitlement and damages brief, respectively … ); Templin v.

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

    United States Court of Federal Claims · Sep 3, 2025

    Accordingly, I will reduce the sum to be awarded for entitlement damages briefing (a total of 38.4 hours, or $16,320.00), but only by twenty percent.9 Such an across-the- board reduction (which I am empowered to adopt)10 … 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
  • Auld v. United States

    United States Court of Federal Claims · Feb 16, 2023

    V. … Cir. 2001) (“only the Merit Systems Protection Board, and not the Court of Federal Claims, is authorized to review removals of federal employees”).

    Cited 0 timesUnpublished
  • United Air Lines, Inc. v. United States

    51 Fed. Cl. 722 · United States Court of Federal Claims · Aug 10, 2001

    Bubble Room, Inc. v. United States, 159 F.3d 553, 561 (Fed.Cir.1998). … Flight attendants could request that a meal be boarded for them, but were required to make such a request 45 to 60 days before the trip via the union.

    Cited 0 timesPublished
  • Free-Pacheco v. United States

    117 Fed. Cl. 228 · United States Court of Federal Claims · Jul 16, 2014

    Legato points to the Nevada Gaming Board Regulation 14.040(2)(a), which, according to Mr. … Brown v. United States, 427 F.2d 57, 62 (9th Cir.1970). However, where “the government does not raise a[ ] [new] offset issue . . . , a taxpayer could not raise any setoff.” Union Pac. R.R. Co. v.

    Cited 3 timesPublished
  • Veryzer v. Secretary of Health & Human Services

    98 Fed. Cl. 214 · United States Court of Federal Claims · Feb 17, 2011

    Cedillo v. … But see Ryman v.

    Cited 136 timesPublished
  • Cheryl Koehn, as Mother and Next Friend of Vanessia Koehn v. Secretary of Health and Human Services

    United States Court of Federal Claims · May 30, 2013

    McCabe’s hypothesis by presenting a contrary opinion from Carlos Rose, M.D., a board-certified rheumatologist. As detailed in section IV below, Dr. … See, e.g., Snyder v. Sec’y of Health & Human Servs., 88 Fed. Cl. 706, 742-45 (2009); Cedillo v. Sec’y of Health & Human Servs., 89 Fed. Cl. 158, 181-82 (2009), aff’d, 617 F.3d at 1338; Bazan v.

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

    United States Court of Federal Claims · Jun 17, 2025

    (ECF No. 35, p. 25 (quoting § 300aa-15(a)(3)(A)) (citing Brown v. Sec’y of Health & Human Servs., No. 00-0182V, 2005 WL 2659073, at *6-8 (Fed. Cl. Spec. Mstr. … See Gross, 2021 WL 2666685, at *6; Brown v. Sec’y of Health & Human Servs., No. 20-1287V, 2024 WL 5410122, at *6. (Fed. Cl. Spec. Mstr. Dec. 18, 2024); Cyr v.

    Cited 0 timesUnpublished
  • Barry 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

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