Case law

Insurance Co. of the West v. United States

55 Fed. Cl. 529 · United States Court of Federal Claims · Mar 11, 2003

the issue of sovereign immunity. … Plaintiff maintains that it could not serve as an assignee of contract funds because a surety does not qualify as a financial institution for the purposes of the Assignment of Claims Act of 1940.

United States v. Gulf Oil Corp.

760 F.2d 292 · Temporary Emergency Court of Appeals · Mar 29, 1985

Under this standard, we are not persuaded that the documents involved here qualify as attorney work product. … The court explained that: El Paso establishes its non-current tax account to bring its financial books into conformity with generally accepted auditing principles.

R.K. v. the Secretary of Health and Human Services

United States Court of Federal Claims · May 23, 2016

Doctor McCusker, who is far more qualified in this area than is Dr. Shafrir, opined that there is no evidence in A.K.’s medical history indicating that he had any immune deficiency or disorder.244 Tr. 1401. … Deth likewise failed to establish that A.K.’s gastrointestinal complaints are significant to his immune status or otherwise contributed to the cause of A.K.’s autism.

Head v. Secretary of Department of Health & Human Services

26 Cl. Ct. 546 · United States Court of Claims · Jul 23, 1992

The special master concluded: “Clearly, the statute bars this petition on both jurisdictional and evidentiary grounds. … . § 300aa-33(2), the term "legal representative" means "a parent or an individual who qualifies as a legal guardian under state law.” Thus, either parent apparently would qualify as a “legal representative.” .

Dawnwood Properties/78 v. United States

53 Fed. Cl. 168 · United States Court of Federal Claims · Aug 13, 2002

However, plaintiffs response brief did not raise an argument under RCFC 15(c) to attempt to establish standing. … Because of the limitation on this court’s jurisdiction to cases where the sovereign has clearly waived immunity “founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or

Koopmann v. United States

United States Court of Federal Claims · Sep 30, 2020

The moving party carries the burden of establishing that no genuine issue of material fact exists. Celotex Corp. v. Catrett, 477 U.S. 317, 322–23 (1986). … In order to fall within the Tucker Act’s waiver of sovereign immunity, a plaintiff’s claim for money damages against the United States must be based upon an express or implied contract, or a money-mandating constitutional

Major W.D. Foster v. United States

111 Fed. Cl. 658 · United States Court of Federal Claims · Jul 3, 2013

Citing lack of a qualifying traumatic event, the Office of Servicemembers’ Group Life Insurance (“OSGLI”) denied Major Foster’s first application on March 18, 2008, as well as his second and third applications on April 23 … Paraplegia is included in the list of qualifying traumatic injuries. §1980A(b)(1)(F).

Hovey v. Secretary of Department of Health & Human Services

38 Fed. Cl. 397 · United States Court of Federal Claims · Jun 19, 1997

The special master held that the Hoveys failed to establish that it is more likely than not that Carol received a DPT/P vaccination on September 21, 1960. Id. … The Vaccine Rules clearly establish that the special master may decide a case on the basis of written *401 filings without an evidentiary hearing. Vaccine Rule 8(d); see Dickerson, 35 Fed.Cl. at 598; Plummer v.

Sherman E. Morris v. Eric K. Shinseki

26 Vet. App. 494 · United States Court of Appeals for Veterans Claims · Mar 20, 2014

To hold otherwise, the Federal Circuit noted, “would lead to the peculiar result whereby non-qualifying heirs of veterans with fiduciaries could receive the veteran’s accrued unpaid benefits, while non-qualifying heirs of … Morris’s characterization of section 5121 as a “minor statute” that “established a limited exception to the Secretary’s long-established processes.” Appellant’s Br. at 20.

Lyashenko v. United States

41 Fed. Cl. 626 · United States Court of Federal Claims · Aug 14, 1998

Referencing the Treaty provisions upon which the plaintiff relied, the letter set forth the IRS position that “[t]he wages paid to you by [the University] are not payments from abroad and are not other qualifying payments … Discussion The plaintiff bears the burden of establishing subject matter jurisdiction. See McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 182 , 56 S.Ct. 780 , 80 L.Ed. 1135 (1936); Walker v.

Peach v. Commissioner

84 T.C. 1312 · United States Tax Court · Jun 20, 1985

Such regulations are legislative in nature and should be sustained unless clearly inconsistent with the statute they implement. Wing v. … We concluded that the regulation was clearly consistent with sec. 44C(c)(5)(A) which applies to energy derived from geothermal deposits.

Top Gun Services, LLC v. United States

United States Court of Federal Claims · Nov 11, 2020

Rather, Top Gun must establish that it was a “qualified bidder.” Id. at 1370–71. … First, Top Gun has failed to establish that it is a qualified bidder. Second, Top Gun is not a nonprofit agency. (Def.’s Mot., App. 66 (Nuckols Decl. Attach. 1)).

Lamson v. United States

117 Fed. Cl. 755 · United States Court of Federal Claims · Jul 31, 2014

As noted above, the second statute, 35 U.S.C. § 287(c), is a medical immunity provision which was established in 1996 as part of the Omnibus Consolidated Appropriations Act, Pub. L. No. 104-208, 110 Stat. 3009 (1996). … As a result, the provision is broader than a mere limitation on damages, which only prevents some recovery of damages; under § 287(c), a qualifying entity cannot be held to have infringed.

Cargo Carriers, Inc. v. United States

40 Cont. Cas. Fed. 76,871 · United States Court of Federal Claims · Dec 11, 1995

When Cargo Carriers subsequently submitted a rate tender, this was clearly an offer on the part of the plaintiff to enter into a contract for transportation services. … The well-established rule is that a party cannot recover interest from the Government absent an express waiver of sovereign immunity by Congress. Library of Congress v.

Zervas v. United States

26 Cl. Ct. 1425 · United States Court of Claims · Oct 21, 1992

The United States, as the sovereign, is immune from suit unless it consents to be sued by waiving its sovereign immunity. United States v. … Each section defines specific qualifying criteria and then states that federal employees who satisfy these criteria are “entitled” to be placed in a position at a certain level of pay or to receive a certain amount of pay

Riser v. United States

93 Fed. Cl. 212 · United States Court of Federal Claims · Jun 29, 2010

In essence, the Tucker Act acts as a waiver of the government’s sovereign immunity for certain money-mandating claims. United States v. … Riser “bears the burden of establishing by ‘cogent and clearly convincing evidence’ that the [Board’s] decision was arbitrary, capricious, unsupported by substantial evidence, or contrary to law.” Colon v.

William Taylor, Parent of Joseph Taylor, a Minor v. Secretary of Health & Human Services 0

108 Fed. Cl. 807 · United States Court of Federal Claims · Feb 15, 2013

Griesemer stated “I don’t know that I have the experience to offer a very qualified answer about [the toxic effect of the vaccine on a child’s brain].” Tr. I 100. … Childhood immunizations are often administered within the medically established time frame for the onset of infantile spasms, and therefore, the hypothetical relationship between pertussis and the disease has been carefully

Lamson v. United States

101 Fed. Cl. 280 · United States Court of Federal Claims · Oct 27, 2011

Supreme Court and Federal Circuit Precedent Clearly Establish That the Court of Federal Claims Does Not Have Jurisdiction to Entertain a Claim of Patent Infringement as a Fifth Amendment Taking Under the Tucker Act Plaintiffs … Plaintiff argues that passages in Florida Prepaid and Roche establish that patents are property under the Constitution.

Harris v. United States

4 Cl. Ct. 418 · United States Court of Claims · Jan 31, 1984

Despite the well established doctrine of strict construction of the sovereign’s waiver of immunity, plaintiff contends that a preliminary injunction can be granted as “an incident of and collateral to” his requested money … Moreover, the statutory language, which has been part of section 1491 since 1972, 2 clearly contemplates the entry of a money judgment in plaintiff’s favor before the Court can grant the corrective relief authorized.

Casa De Cambio Comdiv S.A. de C.V. v. United States

48 Fed. Cl. 137 · United States Court of Federal Claims · Oct 27, 2000

See Bowman, 35 Fed.Cl. at 401 (“cases such as the instant one — where the Government exacts property which it later sells and for which it receives money — -must *146 necessarily qualify for consideration under the established … However, the standard employed in Breault to define state action is clearly broader than that employed by the Supreme Court and the Federal Circuit in analyzing takings claims.