Case law

Krauss v. United States

40 Fed. Cl. 834 · United States Court of Federal Claims · May 7, 1998

Discussion This Court follows well-established principles in reviewing military pay cases. … The plaintiff bears the burden of establishing such an infirmity in the BCNR decision with “cogent and clearly convincing evidence.” Dodson v.

Dorado Services, Inc. v. United States

128 Fed. Cl. 375 · United States Court of Federal Claims · Sep 30, 2016

locations no longer being qualified HUBZones.”5 Id. n.2. … In this context, such a decertification is clearly a governmental action in connection with a procurement. RCD Cleaning Serv., Inc. v. United States, 97 Fed. Cl. 582, 587 (2011).

Roberts v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 16, 2014

Tr. 268. 5 IgA is a part of the immune system that protects one from viruses and illnesses. Tr. 47. … M.R.’s predisposition, plus the intensive vaccine antigen load, caused M.R. to have an “enhanced immune response” because his “immune system [was] overwhelmed.” Tr. 121. Dr.

United Aero Group, LLC. v. United States

United States Court of Federal Claims · Sep 29, 2025

The Sanford Hangar—located only twenty-five miles from Orlando—certainly qualifies as “Central Florida.” See, e.g., Stanley v. City of Sanford, Fl., 145 S. Ct. 2058 (2025); United States v. … Clearly, the work that Arista now challenges—“depot level and other maintenance,” Am. Compl. ¶ 35—fits within the broad scope of work contemplated by the AAR IDIQ.

National Telecommuting Institute, Inc. v. United States

123 Fed. Cl. 595 · United States Court of Federal Claims · Oct 28, 2015

item must do so through a qualified nonprofit agency. … Doing so would have clearly violated the purpose and intent of Ms. Ballard’s December 20, 2013 remand letter.”).

Cubic Defense Systems, Inc. v. United States

45 Fed. Cl. 239 · United States Court of Federal Claims · Sep 23, 1999

In addition, the notice stated that Metric was the only qualified source, and found Metric to be uniquely qualified because it owned the Pods and the Debriefing Stations and the proprietary data to the hardware and software … Cubic’s proposal was general in nature, clearly not tailored to the CLS procurement it challenges now.

Science Applications International Corp. v. United States

102 Fed. Cl. 644 · United States Court of Federal Claims · Dec 20, 2011

To establish a direct economic interest, the protestor must establish that it had a “substantial chance” of a contract award. Labatt Food Serv., Inc. v. … This is unlike finding whether an entity qualifies as a small business—an objective analysis—or other clearly disqualifying factor such as failure to submit a price proposal, failing to submit a proposal at all or filing

Iei-Cityside Jv v. United States

122 Fed. Cl. 750 · United States Court of Federal Claims · Aug 25, 2015

Further, IEI-Cityside is clearly an interested party. It is an actual bidder whose direct economic interest has been affected by the SBA’s decision. … Pl.’s Br. 11, 14 (claiming that the transition period establishes impossibility of complying with regulations).

Jarvis v. Secretary of the Department of Health & Human Services

99 Fed. Cl. 47 · United States Court of Federal Claims · Jun 22, 2011

Tornatore’s theory [of causation] clearly passes Daubert muster” because the “principles and methods” that Dr. … Tornatore’s theory clearly passes Daubert muster in this regard.” Id. at 13.

Feiss, M.D. v. United States

United States Court of Federal Claims · May 30, 2018

Feiss failed to establish a valid claim for breach of implied contract. Id. at 9. In his Response, Dr. … Although the Tucker Act explicitly waives the sovereign immunity of the United States against such claims, it “does not create any substantive right enforceable against the United States for money damages.”

Herbert v. United States

36 Fed. Cl. 299 · United States Court of Federal Claims · Aug 9, 1996

Thus, copying is established because the Academy clearly had access to the manuscript, and the court finds that the eventual publication was substantially similar to Dr. Herbert’s works. … The walls, floor, and ceiling of the laboratory are enough to qualify as government facilities.

Diversified Maintenance Systems, Inc. v. United States

93 Fed. Cl. 794 · United States Court of Federal Claims · Jul 28, 2010

HUBZone small business contractor eligible for award here, such discovery is clearly warranted. … HUBZone-qualified by SBA on January 18, 2006.

Lehrman v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 16, 2018

Additionally, what petitioner may have thought his descriptive terms meant clearly had different meanings to his physicians. However, I understood petitioner’s testimony to be that he tried to explain to Dr. … Petitioner’s immune system was already activated due to the URI; the flu vaccine was a subsequent immune challenge which “boosted” the immune response.

Paluck ex rel. Paluck v. Secretary of Health & Human Services

104 Fed. Cl. 457 · United States Court of Federal Claims · Apr 18, 2012

The Vaccine Act establishes two methods of proving causation. … Frye’s theory begins with the process of immune activation. Foreign agents, such as vaccines, activate the body’s immune system. Tr. 55:5-21 (Frye).

Lone Star Industries, Inc. v. United States

109 Fed. Cl. 746 · United States Court of Federal Claims · Feb 27, 2013

The Tucker Act operates as a waiver of sovereign immunity, but does not create causes of action against the United States. United States v. Mitchell, 463 U.S. 206, 216 (1983); United States v. … The Louisiana Supreme Court admonishes against finding servitudes where they do not clearly exist.

J. Cooper & Associates, Inc. v. United States

47 Fed. Cl. 280 · United States Court of Federal Claims · Aug 4, 2000

The letter contract contemplated performance of marketing and advertising tasks to increase public awareness of the INS and increase the number of qualified applicants. … Once jurisdiction is challenged by the court or the opposing party, the plaintiff bears the burden of establishing jurisdiction. McNutt v.

Wackenhut International, Inc. v. United States

42 Cont. Cas. Fed. 77,236 · United States Court of Federal Claims · Jan 13, 1998

The contract solicitation established a point system for evaluating competing proposals. … Section 4864 clearly expresses Congress’ intent that the preference therein not be interpreted to oblige DOS to grant a contract to an offeror who is not properly licensed by the host government.

Buxkemper v. Secretary of Department of Health

32 Fed. Cl. 213 · United States Court of Federal Claims · Oct 4, 1994

The symptoms which qualify as a residual seizure disorder are described in 42 U.S.C. § 300aa-14(b)(2). … The eligibility determinations for compensation resulting from vaccine-related injuries or vaccine-related deaths clearly are distinguishable in the statute.

Tarsell v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 8, 2016

Phillips was qualified to explain epidemiological studies. Tr. 335-38. Ultimately, Dr. Phillips’s opinion was that the HPV vaccination did not cause Christina’s death. Tr. 338-39. … When the body’s immune system responds to the antigen, the immune system mistakenly attacks the host. Tr. 193; see also Tr. 375, 418. The term for a similarity in molecular structure is “homology.” See Dorland’s at 868.

Travelers Insurance v. United States

46 Fed. Cl. 458 · United States Court of Federal Claims · Apr 13, 2000

Finally, all of the above was shown by a “custodian or other qualified witness.” Mr. Shannon is the custodian of these records for Travelers, and Mr. Stange and Mr. … Morgan, as discussed above, constitute qualified witnesses.