Case law
Opinions from 1658 to today.
4,740 results
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International Business Sales & Services Corporation v. United States
United States Court of Federal Claims · Jun 3, 2026
Thus, under CACI, we are clearly required to make a statutory standing determination in this case. … Accordingly, to be an “interested party” under 28 U.S.C. § 1491(b)(1) and thus establish statutory standing, a protestor must “establish that it (1) is an actual or prospective 8 bidder
Cited 0 timesPublishedBangerter v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 14, 2022
Petitioner’s failure to establish Althen prong one in this case necessarily means she cannot establish Althen prong three. Dr. … Mar. 12, 2010) (petitioner's expert far less qualified to offer opinion 40 on general causation issues pertaining to autism than specific issues pertaining to the petitioner's
Cited 0 timesPublishedSimanski ex rel. O.A.S. v. Secretary of Health & Human Services
115 Fed. Cl. 407 · United States Court of Federal Claims · Apr 2, 2014
This is unlike [O.A.S.]’s history, one that is clearly documented in the records of her multiple hospitalizations. … Petitioners note that "[o]f these 141 patients, only 47, or approximately 33% qualified for further study.”
Cited 110 timesPublishedParker Beach Restoration, Inc. v. United States
58 Fed. Cl. 126 · United States Court of Federal Claims · Sep 30, 2003
The district court granted partial summary judgment, holding that BEG was immune from lawsuit for infringement by the devices used at Eglin AFB. … Since Defendant certainly qualifies as one “acting in concert or participation with” BEC, this provision applies to Defendant. The language is clear and unambiguous on its face.
Cited 6 timesPublishedSalazar v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 1, 2021
The operative report clearly states that the surgery was done on the left ulnar nerve, not the right. See Pet. Ex. 21 at 1-2. … Chopra, opined that petitioner’s flu shot “clearly caused her injuries.” Pet. Ex. 16 at 1.
Cited 0 timesPublishedGordon v. Secretary of Health and Human Services
United States Court of Federal Claims · May 17, 2021
Gordon does not qualify for an award of attorneys’ fees because she has failed to establish a reasonable basis for the assertion that Mr. Gordon received the flu vaccination. The evidence shows that Mr. … June 15, Exhibit 1, 5 Box “Previously immunized during this current 2015
Cited 0 timesPublishedH.C. v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 20, 2022
Delves, Acquired Immunity, Merck Manual, https://www.msdmanuals.com/home/ immune-disorders/biology-of-the-immune-system/acquired-immunity# (last reviewed Sept. 2021) (explaining how IgE antibodies trigger “immediate allergic … These phases may “overlap and may not be clearly distinguishable.” Id.
Cited 0 timesPublishedFranklin Savings Corp. v. United States
56 Fed. Cl. 720 · United States Court of Federal Claims · Jun 16, 2003
The district court commenced its analysis by noting that because of the doctrine of sovereign immunity, the court would not have subject matter jurisdiction over Franklin’s claim unless the government clearly waived its immunity … This argument is clearly infirm.
Cited 19 timesPublishedMetcalf Construction Co. v. United States
53 Fed. Cl. 617 · United States Court of Federal Claims · Jul 2, 2002
Well established rules of contract interpretation are therefore apposite. … Given such, Metcalf urges that the Navy clearly violated the foregoing regulation when it expressly informed Unnamed Corp. during discussions that Section 1A.7 established budget ceilings for each separate line item at which
Cited 71 timesPublished56 Fed. Cl. 291 · United States Court of Federal Claims · Apr 18, 2003
The first method for receiving LEO credit occurs when an agency determines that a position qualifies for LEO credit. … The doctrine is well established in the jurisprudence of administrative law, see McKart v.
Cited 2 timesPublishedMarkarian v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 24, 2023
Legal Standard The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a). … But clearly, tetanus toxoid contained in the Tdap vaccine has been reported as the “offending agent” known to be linked to postvaccination neuropathy. Pet. Ex. 16 at 1;44 Pet.
Cited 0 timesPublished102 Fed. Cl. 9 · United States Court of Federal Claims · Nov 17, 2011
Thus, the determination was the functional equivalent of lay people disagreeing with qualified mental health professionals. … It must be established that the underlying diagnosis actually interferes significantly with the member’s ability to carry out the duties of his office, grade, rank or rating....” .
Cited 3 timesPublished33 Fed. Cl. 337 · United States Court of Federal Claims · May 1, 1995
Rather, plaintiffs unsupported allegation is merely that the white officers were “less qualified.” … Congress has stated clearly that claims of racial discrimination based on a federal statute may only be brought in United States District Court. 28 U.S.C. § 1343 .
Cited 17 timesPublishedPrairie County, Montana and Greenlee County, Arizona v. United States
113 Fed. Cl. 194 · United States Court of Federal Claims · Oct 29, 2013
Binding precedent holds the distinction between a contractually based program and qualifying for participation in a benefits program as not equivalent. … To establish the existence of an implied-in-fact contract, plaintiffs must demonstrate the same elements required to establish the existence of an express contract: mutuality of intent, consideration, unambiguous offer and
Cited 12 timesPublishedUnited States Court of Federal Claims · Jul 15, 2021
“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.” … Amir’s claims are clearly beyond the subject matter jurisdiction of this court. Finally, the court notes that Mr.
Cited 0 timesPublishedTerhune v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 13, 2022
Whitton opines that petitioner’s disease severity “was clearly increasing prior to, or contemporaneous with, the vaccination.” (Ex. C, p. 4.) Like Dr. Deak, Dr. … The proposition that narcolepsy may be “an immune-mediated condition is fairly well-established” in the Program. McCollum v. Sec'y of Health & Human Servs., No. 14- 790V, 2017 WL 5386613, at *16 (Fed. Cl. Spec. Mstr.
Cited 0 timesPublished50 Fed. Cl. 483 · United States Court of Federal Claims · Sep 26, 2001
While the statute clearly contemplates future contracts, it explicitly leaves the decision to enter into such contracts to the Secretary. … Nor do the CFRDA and its implementing regulations establish the Government as a fiduciary to qualified loan applicants.
Cited 15 timesPublished99 Fed. Cl. 581 · United States Court of Federal Claims · Jul 26, 2011
The Tucker Act establishes and limits the jurisdiction of the United States Court of Federal Claims (Court of Federal Claims). 28 U.S.C. § 1491 (2006). … The eoui’t will transfer a case when a plaintiff articulates a clearly stated and non-frivolous complaint, see Phang v.
Cited 14 timesPublishedUnited States Court of Federal Claims · Feb 25, 2021
Regarded as a “condition of the government’s waiver of sovereign immunity[,]” MacClean v. United States, 454 F.3d 1334, 1336 (Fed. … “The burden of proving mental incapacity is on the claimant in order to qualify as suffering from a legal disability within the intendment of 28 U.S.C. § 2501.” Goewey v. United States, 222 Ct. Cl. 104, 112 (1979).
Cited 0 timesPublishedUnited States Court of Federal Claims · Dec 6, 2017
immunity as to the types of claims allowed. … Each federal court establishes its own criteria to establish when reciprocal suspension or disbarment is appropriate. See LCrR. 83.11; N.D. Ind. R. 83-5; S.D. Ind. R. 83-5.
Cited 0 timesPublished
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