Case law
Opinions from 1658 to today.
4,740 results
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Doles v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 26, 2021
of immune regulation in the CNS. … established medical treatment currently exists for idiopathic ATM.”
Cited 0 timesPublished67 Fed. Cl. 39 · United States Court of Federal Claims · Jul 26, 2005
Furthermore, like Mowafi, plaintiff clearly had an end result in mind when preparing the exhibits for trial, ie., meeting the hours requirements set forth in § 469(c)(7)(B). In Fowler v. … Nor do the pictures or letters establish how many hours were devoted to such activities.
Cited 6 timesPublishedStarside Security & Investigation, Inc. v. United States
United States Court of Federal Claims · Jun 27, 2025
As a general rule, “[o]nce Congress has made such a waiver” of sovereign immunity “the same rebuttable presumption of equitable tolling applicable to suits against private defendants should also apply to suits against the … Starside has also established that extraordinary circumstances, beyond its control, prevented it from filing a protest by August 25.
Cited 0 timesPublishedJones Automation, Inc. v. United States
92 Fed. Cl. 368 · United States Court of Federal Claims · Apr 22, 2010
“Clearly, the public interest in honest, open, and fair competition in the procurement process is compromised whenever an agency abuses its discretion in evaluating a contractor’s bid.” … United States, 87 Fed.Cl. 673, 677 (2009) ("Jurisdiction, of course, is the predicate to qualify for a substantial likelihood of success on the merits."); Four Rivers Investments, Inc. v.
Cited 18 timesPublishedOrm v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 18, 2023
Shoenfeld opined that “[P]etitioner clearly developed celiac disease after receiving the first vaccination with HPV.” Pet. Ex. 321 at 2. … But he never explains how alum triggers an immune response, and how that immune response causes celiac disease.
Cited 0 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 · Apr 6, 2018
Although the Tucker Act expressly waives the sovereign immunity of the United States, it “does not create any substantive right enforceable against the United States for money damages.” United States v. … As such, this provision only establishes the norm. SecAF had the inherent authority to deviate from this date.
Cited 0 timesPublishedCowles v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 31, 2023
“Clearly the clinical decision is yours, but I would suspect that this represents a vestibular migraine. … The FluMist does not persist in the body and is cleared by an anti-influenza immune response in humans with normal immune systems like petitioner. Resp Ex. C at 6. Dr.
Cited 0 timesPublished105 Fed. Cl. 213 · United States Court of Federal Claims · Jun 22, 2012
It is axiomatic that “[t]he United States, as sovereign, is immune from suit save as it consents to be sued.” Id. at 586 , 61 S.Ct. 767 . The waiver of immunity “cannot be implied but must be unequivocally expressed.” … It is well established that such contentions lack merit.
Cited 36 timesPublishedMesa Grande Band of Mission Indians v. United States
121 Fed. Cl. 183 · United States Court of Federal Claims · May 20, 2015
Specifically, the government avers that because “the language of the 1926 statute clearly states that beneficial ownership of the 1926 [Tract] is directly linked to that of Santa Ysabel Tract [1],” the Assistant Secretary … In United Keetoowah Band, the Federal Circuit addressed what qualified as an “interest” under RCFC 19(a).
Cited 1 timesPublishedSparton Corp. v. United States
77 Fed. Cl. 1 · United States Court of Federal Claims · Apr 18, 2007
; (b) identification of all documents or other evidence which the United States contends establishes the existence of an implied license or right to use/manufacture, and specifically how such evidence establishes the existence … as an attorney, is not qualified to compete with the judge.”)
Cited 18 timesPublishedEchols v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 9, 2023
To establish actual causation, Ms. … Echols established Althen prongs one and two.
Cited 0 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 timesPublished130 Fed. Cl. 415 · United States Court of Federal Claims · Feb 6, 2017
Foxx has the burden of establishing jurisdiction. See Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed. Cir. 1988). … The moving party has the burden of establishing that no genuine issue of material fact exists. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986).
Cited 1 timesPublishedBlue Dot Energy Co. v. United States
61 Fed. Cl. 548 · United States Court of Federal Claims · Aug 18, 2004
On July 23, 2003, the Air Force issued Solicitation F45613-03-Q-A028 for HUBZone qualified companies. See AR at 719-46. Again, Waste Management protested. See AR at 747-54. … Midcal Aluminum, Inc., 445 U.S. 97 , 100 S.Ct. 937 , 63 L.Ed.2d 233 (1980), however, a unanimous Court established a two-part test to clarify that state action antitrust immunity is not absolute.
Cited 5 timesPublished90 Fed. Cl. 210 · United States Court of Federal Claims · Jun 5, 2008
Defendant contends that the claim is barred by the statute of limitations and that no basis to toll the statute can be established. The plaintiff, Bryce F. … Furthermore, he accepted the severance pay awarded him as a result of his established physical disability of arthralgia at the time.
Cited 12 timesPublishedPowers v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 25, 2019
immune responses. … Mar. 12, 2010) (finding petitioner’s expert far less qualified to offer opinion on general causation issues pertaining to autism than specific issues pertaining to the petitioner’s actual medical history, given the nature
Cited 0 timesPublishedSAI Industries Corp. v. United States
63 Fed. Cl. 1 · United States Court of Federal Claims · Oct 29, 2004
Furthermore, said consent must occur through an unequivocal, express waiver of sovereign immunity. United States v. … Consequently, we may neither expand nor narrow the express waiver of sovereign immunity contained within the EAJA. Id.
Cited 6 timesPublished124 Fed. Cl. 278 · United States Court of Federal Claims · Nov 23, 2015
Grady has failed to establish that his claims are within the jurisdiction of this Court. … While the govemment's arguments are not without some force, the Court finds it unnecessary to reach them, given its conclusion that it clearly lacks jurisdiction over the contract claims Mr.
Cited 2 timesPublishedNew England Electric System v. United States
32 Fed. Cl. 636 · United States Court of Federal Claims · Jan 24, 1995
In this context, the notation made by Palmer on the Form 5701 clearly had the import of asserting a present right to a refund at some future time. … Also clearly, the amount of the refund and the reasons were very specific and well understood by Mr. Mason and the IRS.
Cited 19 timesPublished
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