Case law

Opinions from 1658 to today.

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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 timesPublished
  • D'Avanzo v. United States

    67 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 timesPublished
  • Starside 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 timesPublished
  • Jones 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 timesPublished
  • Orm 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 timesPublished
  • Henderson v. United States

    United 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 timesPublished
  • Baude v. United States

    United 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 timesPublished
  • Cowles 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 timesPublished
  • Cox v. United States

    105 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 timesPublished
  • Mesa 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 timesPublished
  • Sparton 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 timesPublished
  • Echols 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 timesPublished
  • Markarian 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 timesPublished
  • Foxx v. United States

    130 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 timesPublished
  • Blue 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 timesPublished
  • Lockwood v. United States

    90 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 timesPublished
  • Powers 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 timesPublished
  • SAI 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 timesPublished
  • Grady v. United States

    124 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 timesPublished
  • New 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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