Case law

Unitrac, LLC v. United States

113 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.

Antonellis v. United States

106 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.

Braun v. United States

United States Court of Federal Claims · Aug 30, 2019

And | believe he qualifies as an officer, agent or contractor with the United States Government.” … The Privacy Act waives immunity only to the extent of the expressly allowed damages; sovereign 7 immunity is not waived as to Braun’s claim for $750,000 in damages.

Carlow v. United States

42 Cont. Cas. Fed. 77,288 · United States Court of Federal Claims · Apr 9, 1998

According to 25 U.S.C. §§ 450b and 450f(a), a road construction contract, as in the instant case, qualifies as a self-determination contract. … Moreover, a waiver of the traditional sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v.

Locane v. Secretary of Health & Human Services

99 Fed. Cl. 715 · United States Court of Federal Claims · Jul 15, 2011

Arnold Tanis, her pediatrician, for a routine physical examination in order to qualify her to participate in highschool athletics. … Bellanti explained positive reehallenge “from an immunologic standpoint” as meaning: “if you have been immunized with a given antigen and you are re-exposed to the same antigen or a similar one, you get a boost in the immune

Brazos Electric Power Cooperative, Inc. v. United States

52 Fed. Cl. 121 · United States Court of Federal Claims · Mar 21, 2002

Qualifying that “undue risk and expense” standard, Williston goes on to say that “almost any risk of considerable loss to the injured person if he attempts to mitigate should be considered undue.” Id. … Brazos was clearly concerned about minimizing any prepayment penalty, as the Government acknowledged in its letter to Brazos of October 25, 1995.

Giannetta v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 26, 2017

Onset of MS Symptoms The parties in this case presented highly qualified experts. Dr. Steinman and Dr. Mar debated the issue of onset of petitioner’s multiple sclerosis. … increase the immune response.

Royal v. United States

United States Court of Federal Claims · Jul 26, 2022

At this Court, a plaintiff can only meet his considerable burden by presenting “cogent and clearly convincing evidence” that the board’s decision was in error. Stuart, 123 Fed. Cl. at 421. … Plaintiff claims this “establishes plaintiff was Stage 1 within 6 months post the exposure”. ECF 30 n. 16.

Cooper v. United States

United States Court of Federal Claims · Sep 9, 2015

"The United States, as sovereign, is immune from suit save as it consents to be sued." United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity "cannot be implied but must be unequivocally expressed." … Plaintiff has not established that he has filed any valid claims for refund with the IRS.

Coast-To-Coast Financial Corp. v. United States

45 Fed. Cl. 796 · United States Court of Federal Claims · Jan 19, 2000

To the contrary, it is reasonable to presume (unless the opposite clearly appears) that the sovereign does not promise that none of its multifarious sovereign acts, needful for the public good, will incidentally disable it … First Heights has thus established a sufficient connection between the documents it seeks and the legislative history of the Guarini bill.

City of Cincinnati v. United States

39 Fed. Cl. 271 · United States Court of Federal Claims · Oct 28, 1997

Stormwater costs shall be spread throughout the city, except where activities or facilities are clearly unusual and in excess of the normal level of service city-wide. … This view, we believe, comports with the principal purpose of the immunity doctrine, that of forestalling ‘clashing sovereignty,’ McCulloch v.

Johnson v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 15, 2016

To establish entitlement to compensation under the Program, Petitioner must establish each of the three prongs of Althen by a preponderance of the evidence. Id. … Cetaruk, “autoimmune diseases stem from a hyperactive and deranged immune system activity. Adjuvants are stimulators of hyperactive immune responses (whether it be Th1 or Th2).

Lockheed Martin Corp. v. United States

50 Fed. Cl. 550 · United States Court of Federal Claims · Oct 16, 2001

The court also focused on various contractual provisions which clearly established the parties’ intent to have the contractor serve as the Government’s agent and to give the subcontractor a right of direct appeal against … Because waivers of sovereign immunity must be strictly construed, there must be a clear contractual intent to establish privity between the Government and the subcontractor.

McDonald v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 7, 2023

MacGinnitie had a “cookie cutter” view of immune activation or noting that Dr. … Wallace is eminently qualified to opine on toxicology matters. Id. at 21–22. The other two Althen prongs are also unmet, Respondent contends.

Double Lion Uchet Express Trust v. United States

United States Court of Federal Claims · Jul 31, 2020

-2- Id. at 40; see also id. at 51-52 (asserting that “[i]n the context of International law the Washitaw has established itself as a sovereign independent nation”), 55 … “The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941).

Taylor v. United States

54 Fed. Cl. 423 · United States Court of Federal Claims · Nov 18, 2002

Where the Court’s jurisdiction is challenged, the nonmoving party “bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” Reynolds v. … Waivers of sovereign immunity must be explicit and cannot be implied. United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).

Clary v. United States

52 Fed. Cl. 390 · United States Court of Federal Claims · Apr 18, 2002

The Board found that the evidence did not establish the existence of material error or injustice. Plaintiff filed this case on February 11, 1998. … JURISDICTION The United States is immune from suit unless Congress specifically waives the government’s sovereign immunity. See United States v.

Blaze Construction, Inc. v. United States

27 Fed. Cl. 646 · United States Court of Federal Claims · Jan 29, 1993

A waiver of sovereign immunity must be explicit; it cannot be implied. United States v. … As clearly articulated in P. Francini & Co. v.

Woodson v. United States

89 Fed. Cl. 640 · United States Court of Federal Claims · Nov 9, 2009

the authority to bind the government to pay money and (2) specific monetary liability had been clearly intended as compensation by the parties in the event of a breach.” … Therefore, plaintiff has not brought forth any proof that would establish jurisdiction in this court. .

Woods v. Secretary of Health & Human Services

105 Fed. Cl. 148 · United States Court of Federal Claims · Jun 4, 2012

On October 22, 2009, Cason received immunizations for influenza and the H1N1 virus from his pediatrician. On January 31, 2010, Cason sought treatment at a hospital emergency room for back pain and leg weakness. … In order to find an abuse of discretion, this court must rule that the special master’s decision was (1) ... clearly unreasonable, arbitrary, or fanciful; (2) ... based on an erroneous conclusion of the law; (3) ... clearly