Case law

Maracalin v. United States

52 Fed. Cl. 736 · United States Court of Federal Claims · Jun 17, 2002

The only remaining question is whether the jurisdictional decision issued by Judge Bruggink on November 27, 2000, qualifies as a decision “on the merits.” … Plaintiff asserts that reasonable cause was not established to authorize a search conducted at night. . See supra note 4. . Mr.

Clinicomp International, Inc. v. United States

134 Fed. Cl. 736 · United States Court of Federal Claims · Oct 18, 2017

And so, while a plaintiff need not show that it would have received the award in a competition, a plaintiff must show that it would have been a qualified bidder or offeror to establish standing. Id. at 1370-71. … Because CliniComp has not established standing, CliniComp similarly fails to establish that it is entitled to the injunctive relief that it seeks in this matter.

Wagner v. United States

56 Fed. Cl. 634 · United States Court of Federal Claims · Jun 4, 2003

JURISDICTION The United States is immune from suit unless Congress specifically waives the government’s sovereign immunity. See United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976). … United States, 124 F.3d 1462,1465 (Fed.Cir.1997) (stating that “[i]t is well established that 37 U.S.C. § 204 ... serves as the money-mandating statute applicable to military personnel claiming damages and ancillary relief

Ferguson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2022

When this level is reached, either the clinical picture of disease or immunity occurs. Id. Dr. Forman opined that “post-immunization . . . … The word “definitely” is defined as “without doubt” or “clearly.” 50 However, the applicable burden of proof here is preponderant evidence, more likely than not. § 13(a)(1); Moberly, 592 F.3d at 1322 n.2.

Sherril K. Stillwell v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 17, 2013

Kinsbourne noted that such cases were “clearly mentioned in the literature.” Tr. 38. … Thus, petitioner cannot establish a Table injury. Instead, she must establish that the vaccine she received caused her neurologic complications. See Cedillo v. Sec’y of Health & Human Servs., 617 F.3d 1328, 1335 (Fed.

Giannantonio v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 30, 2023

Standards for Adjudication A petitioner is required to establish his case by a preponderance of the evidence. 42 U.S.C. § 300aa–13(1)(a). … Ghacibeh has not persuasively shown that he is better positioned or better qualified than these two pediatric neurologists. See Lombardi v. Sec’y of Health & Hum. Servs., 656 F.3d 1343, 1353-54 (Fed.

Kreizenbeck v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 2, 2018

Boles was eminently qualified to opine. But, as noted above, I find (based on a comparison of Dr. Boles’s report with those of Drs. … Rather, the record establishes that (a) C.J.K.

George Hyman Construction Co. v. United States

39 Cont. Cas. Fed. 76,601 · United States Court of Federal Claims · Dec 2, 1993

[I]t is apparent that, insofar as they relate to these particular claims, the releases are clearly conditional or contingent in nature. … including this, only the subcontractor’s own attorneys actually prosecute the suit, at the subcontractor’s sole expense, and the contractor is not even exposed to liability for a false certification since it is permitted to qualify

Community Health Choice, Inc. v. United States

United States Court of Federal Claims · Feb 15, 2019

In conjunction with these reforms, the Act provided for the establishment of an American Health Benefit Exchange (“exchange”) in each state by January 1, 2014, to facilitate the purchase of “qualified health plans” by individuals … The Tucker Act, the principal statute governing the jurisdiction of this court, waives sovereign immunity for claims against the United States, not sounding in tort, that are founded upon the United States Constitution, a

Brown v. United States

30 Fed. Cl. 227 · United States Court of Federal Claims · Dec 30, 1993

The ABCMR denied plaintiffs application, finding that “[t]he facts in this case clearly show that his rights were not violated, that he was properly discharged on 16 November 1988, and he is not due back pay and allowances … DISCUSSION SUBJECT-MATTER JURISDICTION The United States enjoys immunity from suit unless Congress expressly provides otherwise. United States v. Shaw, 309 U.S. 495, 500 , 60 S.Ct. 659, 661 , 84 L.Ed. 888 (1940).

Wechsberg v. United States

54 Fed. Cl. 158 · United States Court of Federal Claims · Oct 11, 2002

A claimant sues the United States by means of a *164 waiver of sovereign immunity; waivers of sovereign immunity must be explicit; and “any statute that creates a waiver of sovereign immunity must be strictly construed in … s option for a plaintiff to elect statutory damages. “ ‘[W]hen two statutes are capable of co-existence ... it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each

Forman-Franco v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 21, 2020

can stimulate a positive immune response. … The undersigned finds the evidence discussed in this ruling qualifies as preponderant evidence to show the flu vaccine caused petitioner’s shoulder injury within the time frame required.

Silver State Solar Power South, LLC v. United States

United States Court of Federal Claims · Oct 27, 2020

Section 48 of the I.R.C. defines “qualified property” and provides, in relevant part, that “the term ‘qualified property’ [includes] . . . … Lastly, the MIPSA established the pricing methodology for the EPC agreement. (Def.’s Mot. at 714–15).

Terry v. United States

96 Fed. Cl. 131 · United States Court of Federal Claims · Dec 15, 2010

Bid Protests Second, the Tucker Act waives sovereign immunity for claims against the United States in bid protests. … According to plaintiff, she was the only qualified offeror and would have received the contract award but for the AAFES’s alleged procurement errors and Ms. Roldan’s acts of bad faith. Id.; see also Am.

HARKINS v. United States

United States Court of Federal Claims · Oct 14, 2025

Cl. at 609 (“[I]f a plaintiff cannot establish that he is currently on active duty, he must assert and ultimately establish that his separation was involuntary in order to fit within the scope of, and take advantage of, the … On the issue of competence, counsel have demonstrated their expertise throughout this litigation, and their track record handling similar cases—including class actions—is clearly sufficient. 11 But given plaintiffs’ failure

Frantz v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 20, 2019

Petitioner clearly held an “honest belief” that she had sustained a vaccine injury throughout the early stages of her claim. … Frantz’s theory of causation was clearly discredited.

Bender v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 14, 2017

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Bender’s TM, he also proposed an opinion regarding causation (a topic he was somewhat less qualified to opine upon than Dr. Byers). See generally Tr. at 200-25.

Renda Marine, Inc. v. United States

71 Fed. Cl. 782 · United States Court of Federal Claims · Jun 30, 2006

“Absent any express and unequivocal statutory basis, this court may not, under long established principles, waive or extend a statutory limitation on the sovereign’s immunity to suit.” Dico, Inc. v. … App (Final Decision) at 5 (clearly and expressly informing plaintiff of its appeal rights and applicable limitations periods).

Lockheed Martin Corp. v. United States

39 Fed. Cl. 197 · United States Court of Federal Claims · Sep 25, 1997

Id. *203 Clearly, in this case, the newly discovered qualified research expenditures could have been separately raised, as sole or independent claims for refunds, and are not factually “integral to nor subsidiary of’ plaintiffs … The statute and the regulation clearly require that the IRS be given the chance.

North v. United States

123 Fed. Cl. 457 · United States Court of Federal Claims · Oct 9, 2015

Second, defendant notes that the government’s answer clearly references PMI 338-1, although this pay policy is not identified as an affirmative defense. … Congress carefully provided a procedure enabling the Department to employ highly qualified personnel to discharge the mission of OCR and pay those highly qualified personnel commensurate