Case law
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102 Fed. Cl. 61 · United States Court of Federal Claims · Nov 30, 2011
A commitment to buy is not a term which merely gives clarity or definition to an established contractual relationship. … Rensselaer Water Co., 247 N.Y. 160 , 159 N.E. 896 (1928), where there clearly can be no presumed intent to create enforcement rights in individual members of the public.
Cited 15 timesPublished38 Fed. Cl. 386 · United States Court of Federal Claims · May 14, 1997
Jurisdiction The jurisdiction of this court to entertain claims against the government and grant relief is limited by the extent to which the United States has unequivocally waived its sovereign immunity. … To the extent jurisdiction might be established in U.S.
Cited 25 timesPublishedTemes v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 12, 2020
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 … Bellanti was more qualified to opine on the presented topics overall, his theories were too thin and relied too heavily upon case reports to successfully carry Petitioner’s burden.
Cited 0 timesPublishedPelelo v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 9, 2021
He noted that “[a]utoimmune and immunizations” are an understood cause for brachial neuritis, and maintained it was reasonable to view it as immune-mediated. J. … Donofrio credibly and persuasively established in his reports that even in the event of a speedier immune response attributable to a prior exposure to the HPV vaccine, onset for an immune-mediated, adaptive response (through
Cited 0 timesPublished117 Fed. Cl. 798 · United States Court of Federal Claims · Aug 13, 2014
The plaintiff bears the burden of establishing subject matter jurisdiction, Alder Terrace. Inc. v. United stares, l6l F.3d 1372, 1377 (Fed. cir. l99g) (citing McNutt v. … In such circumstances, there has not been a waiver of sovereign immunity for claims against the United states under the ADA and the case must be dismissed. Gray, 69 Fed. Cl. at 102.
Cited 7 timesPublishedEstate of Braude v. United States
38 Fed. Cl. 476 · United States Court of Federal Claims · Jun 23, 1997
The burden of establishing communication, *483 falsity, misrepresentation, and malice 13 is on the plaintiff. … United States, 3 Cl.Ct. 762, 775-76 (1983) (congressional references waive statute of limitations and similar defenses, not sovereign immunity to tort claims). V.
Cited 3 timesPublished50 Fed. Cl. 701 · United States Court of Federal Claims · Nov 1, 2001
” or “best qualified.” … Clearly, at some point, the Air Force believed plaintiffs initial assignment to the Chief of Airfield Management position at Ofutt to be in its best interest.
Cited 6 timesPublishedLong v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 6, 2015
Clearly, on the issue of the potential effects of a genetic variant, Dr. Cederbaum is much more qualified than Dr. Megson. Moreover, Dr. … HHS, 704 F.3d at 1537 (“The Loving test combines the first three Whitecotton factors, which establish significant aggravation, with the Althen factors, which establish causation.”)
Cited 0 timesPublished93 Fed. Cl. 643 · United States Court of Federal Claims · Jul 9, 2010
The plaintiff must establish that the court has subject matter jurisdiction over its claims. Reynolds v. Army and Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988); Hansen v. … Sisk, “The Tapestry Unravels: Statutory Waivers of Sovereign Immunity and Money Claims Against the United States,” 71 Geo. Wash. L.Rev. 602 (2003).
Cited 20 timesPublishedB & B Medical Services, Inc. v. United States
114 Fed. Cl. 658 · United States Court of Federal Claims · Feb 10, 2014
In denying this protest, the CO explained that the OHA “decision clearly states that the appropriate NAICS Code to be assigned to the requirements set out in the referenced solicitation is 532291, Home Health Equipment Rental … Cir. 2001) --- is established by alleging “a non-trivial competitive injury which can be redressed by judicial relief.” Weeks Marine, Inc. v. United States, 575 F.3d 1352, 1361–63 (Fed.
Cited 10 timesPublishedNilson v. Secretary of Health & Human Services
69 Fed. Cl. 678 · United States Court of Federal Claims · Feb 7, 2006
That is, respondent must establish only that cardiac arrest led to encephalopathy. … VAERS collects and analyzes information from reports of adverse events following immunization....
Cited 5 timesPublishedGreenleaf Construction Co. v. United States
67 Fed. Cl. 350 · United States Court of Federal Claims · Aug 31, 2005
Because, in the panel’s estimation, Greenleaf was “clearly the most technically qualified” and offered the lowest price, the TEP recommended it for award. … This is clearly not the case. Greenleafs protest hinged on a legitimate dispute concerning the use of the cascade procedure.
Cited 13 timesPublishedAeolus Systems, LLC v. United States
79 Fed. Cl. 1 · United States Court of Federal Claims · Oct 31, 2007
A “HUBZone” is defined as any area which is located within *7 one or more qualified census tracts, qualified nonmetropolitan counties, lands -within the external boundaries of an Indian reservation, redesignated areas, or … According to defendant, [i]f a HUBZone SBC were allowed to utilize non-owner deferred compensation plans to satisfy the program’s employee requirement, a company could establish its qualified status for purposes of the program
Cited 9 timesPublishedUnited States Court of Federal Claims · Dec 7, 2020
Gray qualifies as an officer. Def.’s Reply in Supp. of Mot. to Strike at 3 (first quoting Gray Decl. at 1; and then quoting Osage Const. art. VII, § 1). … Conversely, in Mitchell II, “the statutes and regulations [] clearly give the Federal Government full responsibility to manage Indian resources and land for the benefit of the Indians” and “thereby establish[es] a fiduciary
Cited 0 timesPublishedWeaver v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 21, 2022
The activated immune cells spread throughout the body, which creates (by design) inflammation reflective of the innate immune response. Id. at 76–77, 160, 196; Huq Rep. at 6. … In particular, vaccine antigens attract locally- present immune cells which secrete pro-inflammatory cytokines intended to further the overall immune response (including “teaching” the immune system to recognize the relevant
Cited 0 timesPublishedMelwood Horticultural Training Center, Inc. v. United States
United States Court of Federal Claims · Nov 30, 2020
Cl. 8, 17 (2017) (“It is protestor’s burden to establish ripeness.”). … There are specific policy reasons for these procedures clearly delineated by the statute—providing employment for the blind and severely disabled.
Cited 0 timesPublishedSt. Vincent's Medical Center v. United States
29 Fed. Cl. 165 · United States Court of Federal Claims · Aug 30, 1993
It begins with the well known maxim that waivers of sovereign immunity must be explicitly and strictly construed. … It attempts to enforce rights under its Medicare contract. *172 Those rights are established in a complex legislative and regulatory scheme.
Cited 1 timesPublishedSturdivant v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 12, 2016
D, E), which makes him at least somewhat qualified to opine as to the issues here. But Dr. Bingham is much better qualified. Dr. … Thus, Petitioners’ claim clearly fails under Althen Prong 1. C.
Cited 0 timesPublished69 Fed. Cl. 684 · United States Court of Federal Claims · Feb 8, 2006
See Fisher, 364 F.3d at 1376-78 (holding that "White Mountain [established] a new test [that] clearly lowers the threshold for establishing that a statute or regulation is money-mandating, for it replaces a normal 'fairly … MILPERSMAN 1910-144, in accordance with DODDIR 1332.14, clearly reflects that only qualifying convictions may be the basis of administrative separation.
Cited 12 timesPublishedEstep v. Secretary of the Department of Health & Human Services
28 Fed. Cl. 664 · United States Court of Federal Claims · Jun 25, 1993
Thus, he did use the correct legal standard for establishing causation in fact. … Indeed, in vaccine cases, special masters are uniquely qualified to weigh evidence; therefore there is less need to exclude evidence.
Cited 10 timesPublished
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