Case law

Martinez v. United States

77 Fed. Cl. 318 · United States Court of Federal Claims · Jun 29, 2007

Moreover, the plaintiff bears the burden of proving any deficiency by “cogent and clearly convincing evidence.” Wronke v. Marsh, 787 F.2d 1569, 1576 (Fed.Cir.1986). … AR at 11-12 (citing Testan, 424 U.S. at 402 , 96 S.Ct. 948 ) (“The established rale is that one is not entitled to the benefit of a position until he has been duly appointed to it.” (citation omitted)).

Bhattacharyya v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 8, 2020

It is not apparent that he is qualified to so opine and his supplemental reports did not, and could not, cure that deficiency. … Ruscetti would be fully qualified to discuss the medical significance of J.B.’s own history. Despite this, petitioners’ motion contained no explanation of why Mr.

Godfrey v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 20, 2016

It is now clearly established that special masters may use the framework established by Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), to evaluate such expert testimony on causation. Andreu v. … McCabe suggested the immune response should have occurred. Entitlement Decision at *15-*16.

Proxtronics Dosimetry, LLC v. United States

128 Fed. Cl. 656 · United States Court of Federal Claims · Sep 30, 2016

Standard for Establishing Standing As previously noted, the mere invocation of 28 U.S.C. § 1491(b)(1) does not establish this court’s jurisdiction. … Plaintiff Cannot Establish Standing to Challenge the 2014 Procurement The facts attendant to the 2014 procurement demonstrate that plaintiff does not qualify as an actual or prospective offeror and therefore is not

Silva v. United States

United States Court of Federal Claims · Jun 21, 2018

As with any waiver of sovereign immunity, EAJA must be “strictly construed in favor of the United States.” Id. … When the remand is required because of alleged agency error, the EAJA applicant qualifies as a prevailing party. Id.

Naylor v. United States

53 Fed. Cl. 172 · United States Court of Federal Claims · Aug 14, 2002

JURISDICTION The United States is immune from suit unless Congress specifically waives the government’s sovereign immunity. See United States v. … In addition, plaintiff has failed to clearly articulate for the court what any remaining claims may be. It is not the duty of the court to determine what the plaintiffs claims are. See Malissa Co. v.

Sunrise Village Mobile Home Park, L.C. v. United States

42 Fed. Cl. 392 · United States Court of Federal Claims · Dec 9, 1998

The burden of establishing jurisdiction is on the plaintiff. McNutt v. General Motors Acceptance Corp. of Indiana, 298 U.S. 178, 189 , 56 S.Ct. 780 , 80 L.Ed. 1135 (1936); Alaska v. … The individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Testan, 424 U.S. at 398 , 96 S.Ct. 948 .

Boddie-Noell Enterprises, Inc. v. United States

36 Fed. Cl. 722 · United States Court of Federal Claims · Nov 4, 1996

This is the situation where the U.S. government is going to exercise its sovereign immunity to deny a citizen its claim. Mr. … He has not been qualified as an HVAC expert. MS. POWER: For the Boddie-Noell units. MR. FRAHM: He has not been qualified as an expert in the design of the HVAC units generally, or for the Boddie-Noell units.

Draper v. United States

United States Court of Federal Claims · Nov 30, 2022

Cir. 1997) (noting that this additional requirement is based upon sovereign immunity principles). A money-mandating statute is “reasonably amenable to the reading that it mandates a right of recovery in damages.” … The lack of any show cause proceedings does not establish that Draper’s performance as Colonel merited retirement in grade.

Borden v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 15, 2022

The Vaccine Injury Table notes that immune thrombocytopenic purpura was formerly called idiopathic thrombocytopenic purpura. These terms would reduce to the same acronym – ITP. … Borden established a new primary care provider, Barbara Doro. Exhibit 4 at 30. Ms. Doro advised Ms. Borden should get her platelet levels checked every three months. Id. Ms.

Mark Dunning Industries, Inc. v. United States

58 Fed. Cl. 216 · United States Court of Federal Claims · Aug 1, 2003

It does not provide for automatic revocation of existing contracts that were procured as a result of the non-qualified contractor previously being on the list of qualified concerns. Id. … No. 1 OS-135, §§ 601-607, 111 Stat. 2592 , 2627-36 (codified at 15 U.S.C. § 657a), which established the HUBZone program.

Beta Analytics International, Inc. v. United States

44 Fed. Cl. 131 · United States Court of Federal Claims · Jun 14, 1999

Offerors are encouraged to clearly identify the managerial and administrative positions. The cost for such personnel can be included as additional line items or included in the indirect cost. … and set aside agency action, findings, and conclusions found to be— (A) arbitraty, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

S. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 23, 2020

Bourdette cited to case reports of patients with established POEMS syndrome, or within a few weeks or months of a neuropathy clearly had POEMS which was considered to be GBS-like at onset. … Dispenzieri clearly attributed petitioner’s 2013 neuropathy to POEMS. Tr. 110. Dr.

Doles v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 8, 2022

established medical treatment currently exists for idiopathic ATM.” … immune activation, may trigger the immune system to injure the nervous system.

Metropolitan Van & Storage, Inc. v. United States

101 Fed. Cl. 173 · United States Court of Federal Claims · Oct 6, 2011

Prior to EAJA, many different statutes had contained specific waivers of sovereign immunity for the United States. See Gavette v. Office of Pers. Mgmt, 808 F.2d at 1460 . … As the court determined SDDC improperly reviewed and accepted Guardian’s revised proposal, Metropolitan qualifies as a “prevailing party.”

Dawson v. United States

116 Fed. Cl. 664 · United States Court of Federal Claims · Jun 18, 2014

In establishing the [STEP] program, OPM did not intend to have STEP or SCEP students working on intermittent schedules. … While the Tucker Act constitutes a waiver of sovereign immunity, it does not give rise to a substantive cause of action. See United States v. Mitchell, 463 U.S. 206, 216 (1983).

Rodriguez v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 20, 2017

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 … The immune system can be divided into two branches: the innate immune system and the adaptive immune system.

Gross v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 17, 2022

Clearly GBS and CIDP are two different diseases with different time courses, different response[s] to treatment, different prognosis, and different pathogenesis.” Resp. Ex. E at 1. … The four criteria are (1) “establishment of an epidemiological association between the infectious agent and the immune-mediated disease;” (2) “identification of T cells or antibodies directed against the patient’s target

Woodard v. Secretary of Health & Human Services

31 Fed. Cl. 617 · United States Court of Federal Claims · Jul 14, 1994

Under § 13 of the Act, a petitioner may establish a table injury or aggravation by establishing three elements: first, that the petitioner received one of the covered childhood vaccines; second, that the petitioner subsequently … Lockman’s understanding of the Academy’s guidelines, a “static, stable neurological abnormality is not a contraindication to DPT immunization.” Tr. at 205. *626 Dr.

District of Columbia Water and Sewer v. United States

United States Court of Federal Claims · Sep 10, 2021

of the Home unless such action is clearly to the best interest of the old soldiers who are the beneficiaries of the trust. … Pena 518 U.S. 187, 192 (1996) (“[W]hen confronted with a purported waiver of the Federal Government’s sovereign immunity, the Court will ‘constru[e] ambiguities in favor of immunity.”