Case law
Opinions from 1658 to today.
4,740 results
2.57s
Shapiro v. Secretary of Health & Human Services
101 Fed. Cl. 532 · United States Court of Federal Claims · Oct 31, 2011
Petitioner would have this court overturn the Special Master's findings based primarily on the contrary conclusion of its undoubtedly qualified expert, Dr. Shoenfeld. … However, "proof of causation entails more than having a well-qualified expert proclaim that the vaccination caused a disease.” Doyle, 92 Fed.Cl. at 8 .
Cited 573 timesPublished49 Fed. Cl. 560 · United States Court of Federal Claims · Jan 19, 2001
Individual claimants must, therefore, look beyond the Tucker Act as a jurisdictional statute for an appropriate waiver of sovereign immunity in order to maintain a suit under the Act. … Id. at 1314. 13 Cases such as Palmer are clearly distinguishable from those in which a Reservist plaintiff has been called onto active duty.
Cited 13 timesPublishedClaybrook ex rel. Estate of Downey Financial Corp. v. United States
104 Fed. Cl. 680 · United States Court of Federal Claims · Apr 18, 2012
United States, 40 F.3d 373, 374 (Fed.Cir.1994) (“Section 7422(a) waives the United States’ sovereign immunity from [federal tax] refund suits, provided the taxpayer has previously filed a qualifying administrative refund … Several jurisdictional prerequisites must be established, before a taxpayer has standing.
Cited 0 timesPublishedReed v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 2, 2019
Based on [I.R.]’s developmental history and current functioning, he has clearly made marked improvements. … Niyazov intimated that the Giulivi paper establishes the presence of immune dysfunction in mitochondrial patients, nothing in the paper suggests any clinical evaluation of immune function.
Cited 0 timesPublished120 Fed. Cl. 552 · United States Court of Federal Claims · Apr 1, 2015
Plaintiffs respond that “[j]udgments and compromises are not synonymous and should be viewed independently [and that] [t]he statute clearly indicates that the Attorney General (or designee) can approve settlements paid in … The agreement clearly states that “[c]ommencing twenty-six (26) years after the purchase of the annuity, yearly payments 15 in the amount of ninety thousand and 00/100 Dollars
Cited 6 timesPublishedCentral Freight Lines, Inc. v. United States
87 Fed. Cl. 104 · United States Court of Federal Claims · May 5, 2009
In order to contract with the government, the carrier must be a pre-qualified transportation service provider (“TSP”). … “Absent privity between the plaintiff and the United States, there has been no waiver of sovereign immunity for a suit in contract.” Central Transport, 63 Fed.Cl. at 338 . B.
Cited 13 timesPublishedUnited States Court of Federal Claims · Jun 21, 2016
The distinction, however, does not matter to the outcome of this case, since it is clear that Petitioners rely on the same evidence to establish both claims, and have clearly failed to show either. … Therefore, Petitioners clearly have failed to establish Prong 4 of Loving/Prong 1 of Althen in this case. e.
Cited 0 timesPublishedUusi, LLC, and Oldnar Corp. v. United States
110 Fed. Cl. 604 · United States Court of Federal Claims · Apr 25, 2013
The third parties clearly have interests in this litigation. … Although GHSP would clearly qualify as an intervenor as of right, this additional procedural tack was unnecessary.
Cited 8 timesPublished98 Fed. Cl. 632 · United States Court of Federal Claims · Apr 29, 2011
See Maher, 314 F.3d at 603 n. 1 (“[Plaintiffs] can establish privity of contract ... by establishing that they are intended third-party beneficiaries of a contract with the United States.”). … Here, we need not reach the fourth prong, for the first three are clearly lacking. .
Cited 20 timesPublished57 Fed. Cl. 253 · United States Court of Federal Claims · Jul 11, 2003
The Federal Circuit also has written that “a soldier who has sought relief from a correction board is bound by its decision unless he can demonstrate by ‘cogent and clearly convincing evidence that the correction board acted … notes that Air Force Instruction 36-3207, paragraph 1.12 provides for an exception to the two-year “sanctuary period,” as follows: “The Air Force normally doesn’t [sic] involuntarily separate officers within 2 years of qualifying
Cited 1 timesPublishedRenewal Body Works, Inc. v. United States
64 Fed. Cl. 609 · United States Court of Federal Claims · Apr 1, 2005
Renewal’s complaint was filed more than 8 years after the date of accrual, well past the six-year limit established in 28 U.S.C. § 2501 . … Issuance of a NITU provides for a 180-day period in which the railroad may negotiate an agreement for interim trail use with a qualified trail operator. Id.
Cited 9 timesPublishedWinnebago Tribe v. United States
101 Fed. Cl. 229 · United States Court of Federal Claims · Oct 25, 2011
Other treaties established the reservation upon which the Tribe currently resides. … The facts forming the basis of the two suits are clearly intertwined.
Cited 13 timesPublishedKnorr v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 11, 2019
I acknowledge that the existing record does not clearly establish an etiology for Ms. … Gershwin was qualified to opine on immunologic matters, and his demonstrated expertise on such fronts required me to take seriously his opinion.
Cited 0 timesPublishedSi Wireless, LLC v. United States
United States Court of Federal Claims · May 13, 2026
In July of 2024, the FCC suspended payments until an investigation could establish SI’s eligibility. … Either would normally be enough to establish subject matter jurisdiction under the Tucker Act.
Cited 0 timesPublishedUnited States Court of Federal Claims · Aug 29, 2013
And he admitted that oligoclonal bands are indicative of an immune response. Tr. at 268-69. In fact Dr. … Rather, it was clearly an abnormal response.
Cited 0 timesPublished119 Fed. Cl. 277 · United States Court of Federal Claims · Dec 23, 2014
Employees who perform a combination of exempt duties set forth in this regulation may also qualify for exemption.”). … In the Comments section to the proposed regulation, OPM explained that it chose not to explicitly state the circumstances under which a “training facility” qualified as an educational establishment because: Training
Cited 5 timesPublished113 Fed. Cl. 156 · United States Court of Federal Claims · Oct 18, 2013
When taken together, the six-year limitation, the statutory tolling period, and DFARS Subpart 227.70 constitute the scope of the Government’s waiver of sovereign immunity. … It is at this point that Unitrac’s claim is clearly and finally denied, and at which point the tolling period ended. c.
Cited 13 timesPublished27 Fed. Cl. 480 · United States Court of Federal Claims · Jan 27, 1993
It is well established that the United States “as sovereign, is immune from suit save its consent to be sued.” United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767, 769 , 85 L.Ed. 1058 (1941). … An individual is not entitled to receive pay or other benefits of a position unless and until he or she has qualified as an employee by having performed the function of that position. See, e.g., McCarley v.
Cited 1 timesPublished96 Fed. Cl. 666 · United States Court of Federal Claims · Mar 2, 2011
Plaintiff qualified for, and began receiving, monthly Social Security payments in January 2009, the year of his release from prison. Id. … United States, 566 F.3d 1358, 1360 (Fed.Cir.2009) (“[Wjaivers of the United States’s sovereign immunity are to be construed narrowly”).
Cited 3 timesPublished106 Fed. Cl. 112 · United States Court of Federal Claims · Jul 23, 2012
The APPLY Board is charged with selecting the best and fully qualified officers for appointment to billets. Id. at 1, 11 . … The APPLY Board is charged by the Commander 2 with ensuring that each billet assignment goes to the “best and fully qualified” officer. Def.’s Appx. at 13.
Cited 12 timesPublished
Ask Donna