Case law

Alexander v. United States

28 Fed. Cl. 475 · United States Court of Federal Claims · Apr 30, 1993

Clearly, 1931 Act pay is not a similar type of supplement to an employees basic pay. … FPM Letter 551-5 has clearly been sustained by the Federal Circuit.

Miles v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 22, 2019

The Special Master clearly engaged in such an analysis. … However, those rules, when read together, clearly place the burden on the petitioner to establish his case, before the respondent is required to refute it.

Redd v. United States

United States Court of Federal Claims · Apr 8, 2020

A plaintiff must establish jurisdiction by a preponderance of the evidence. Taylor v. United States, 303 F.3d 1357, 1359 (Fed. Cir. 2002) (citation omitted). … It is well established that under the Tucker Act, “jurisdiction is confined to the rendition of money judgments in suits brought for that relief against the United States . . .

Piper v. United States

90 Fed. Cl. 498 · United States Court of Federal Claims · Dec 17, 2009

The waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … Thus, plaintiff cannot establish an implied-in-fact contract that invalidates his appointive SF-50. D.

Hebert v. Secretary of Health & Human Services

66 Fed. Cl. 43 · United States Court of Federal Claims · Apr 8, 2005

. *44 Background Through the Vaccine Act, Congress mandated the establishment of a National Vaccine Program “to achieve optimal prevention of human infectious diseases through immunization and to achieve optimal prevention … These non-binding cases are clearly distinguishable.

Abramson v. United States

45 Fed. Cl. 149 · United States Court of Federal Claims · Oct 18, 1999

Finally, precedent establishes that within this framework “the court has significant discretion in deciding when an award is proper.” Id. … that it was negligently brought or clearly without merit”). 2.

Gonzalez v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 7, 2016

M. again received immunizations at that visit. Id. at 19-20 (ECF No. 8-4 at 20-21). Since then, M. A-S. … In establishing a reasonable basis for the claim, a “petitioner must rely on more than speculation.” McKellar, 101 Fed.

Colonial Surety Co. v. United States

108 Fed. Cl. 622 · United States Court of Federal Claims · Jan 14, 2013

Defendant contends that plaintiff has failed to establish certain conditions precedent to recovery under an equitable subrogation theory and that plaintiff has failed to establish the existence of either an express or implied … There Are Genuine Issues of Material Fact as to Whether Colonial Can Establish a Contractual Basis for Recovery It is well established that neither the underlying contract between the government *643 and the contractor, ICW

M. v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 10, 2018

Petitioners Did Not Establish that A.P.M. … Frye, the record clearly establishes that he did so in error (confusing a 1.19 titer level for 1.9) (compare Pet’rs’ Ex. 16 at 38 with Pet’rs’ Ex. 16 at 35).33 B.

Heller v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 1, 2022

condition such as immunization.” … And I still think it's – it’s a logical theory that there's something in the vaccine that -- that clearly the body has recognized as foreign.

Rice v. United States

31 Fed. Cl. 156 · United States Court of Federal Claims · May 3, 1994

Accordingly, congressional consent to suit in this Court waives the Government’s traditional sovereign immunity, and must be clearly and unambiguously expressed. Puget Sound Power and Light Co. v. … A member is placed on the TDRL when the PEB determines that a disability may be permanent and the member is otherwise qualified for disability retirement.

Joslyn v. United States

90 Fed. Cl. 161 · United States Court of Federal Claims · Dec 2, 2009

Joslyn was physically qualified for an unqualified resignation and that he would be scheduled for the required medical examination prior to discharge. Id. Mr. … The Tucker Act provides the waiver of sovereign immunity necessary to sue the United States for money damages, but a plaintiff must establish an independent substantive right to money damages from the United States, that

Stromness Mpo, LLC v. United States

United States Court of Federal Claims · Oct 15, 2018

An unaudited, qualified balance sheet that is not prepared in accordance with the Generally Accepted Accounting Principles (GAAP) is not sufficient to establish net worth. See Scherr Constr. Co. v. United States, 26 Cl. … Stromness MPO, therefore, has established that it is a qualified private entity under EAJA eligible to seek reasonable EAJA attorneys’ fees and costs, subject to the court’s review.

Taha v. United States

United States Court of Federal Claims · Apr 10, 2018

Mohamad Taha was the owner of l0% of the stock of Atek Construction, Inc., a Califomia corporation qualified under Subchapter S ofthe Intemal Revenue Code, specifically 26 U.S.C. C'I.R.C.') $ 1361. … The plaintiffs bear the burden of establishing j urisdiction, see Reynolds v. Army & Air Force Exch. Serv.,846 F.2d 746,748 (Fed.

A. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 10, 2019

Leist briefly concluded that B.A. did not qualify at any level of diagnostic certainty for ADEM. Resp. Ex. I at 8; see also Tr. 320. Dr. … I agree that because B.A. had no positive findings on MRI, she would not qualify for the diagnosis at these levels. However, the third level does not require positive MRI findings.

Dixon v. United States

United States Court of Federal Claims · Jan 18, 2022

The United States has waived sovereign immunity and given this Court jurisdiction, concurrent with district courts, to entertain tax refund suits under 28 U.S.C. §§ 1346(a)(1), 1491. … Because Dixon Advisory Group could not qualify as a partnership at the time Mr.

Smith v. United States

114 Fed. Cl. 691 · United States Court of Federal Claims · Feb 21, 2014

Because the record establishes that Lt. Col. … Because the record establishes that Lt. Col.

Joppy v. United States

123 Fed. Cl. 701 · United States Court of Federal Claims · Oct 9, 2015

The Tucker Act serves as a waiver of sovereign immunity and a jurisdictional grant, but it does not create a substantive cause of action. J an’s_ Helicopter Serv., Inc. v. Fed. Aviation Admin, 525 F.3d 1299, 1306 (Fed. … J oppy’s claim seeking revision of his military records to qualify him for disability pay and benefits is also barred by the statute of limitations.

National Data Corp. v. United States

50 Fed. Cl. 24 · United States Court of Federal Claims · Jul 23, 2001

Clearly, Congress could have passed a provision intended to benefit one or two taxpayers and incidentally benefitted others. … It also argued that, to qualify, the taxpayer must have agreed to lease the entire building.

Fireman v. United States

44 Fed. Cl. 528 · United States Court of Federal Claims · Sep 2, 1999

The Tucker Act establishes the jurisdiction of this court. … Without an express waiver of sovereign immunity, this Court lacks subject matter jurisdiction to hear the case. Sovereign immunity is “strictly construed, in terms of its scope, in favor of the sovereign.”