Case law

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  • Larry D. Tallacus v. United States

    113 Fed. Cl. 149 · United States Court of Federal Claims · Oct 17, 2013

    . § 206(d), as a result of a pay disparity between Plaintiff and several similarly qualified female CHSO incumbents. Am. … Next, the court will examine the “purpose of the [FLSA], the entirety of its text, and the structure of review that it establishes” to determine jurisdiction. See Horne, 133 S.

    Cited 1 timesPublished
  • Farmer v. United States

    United States Court of Federal Claims · Oct 31, 2019

    guardian of this immunity, has declined to do so’” (quoting Sanborn v. … Plaintiffs, for example, clearly label Counts III-VI as their “contract claims.” ECF No. 12 at 34.

    Cited 0 timesPublished
  • W.C. v. Secretary of Health & Human Services

    100 Fed. Cl. 440 · United States Court of Federal Claims · Jul 22, 2011

    C. must establish six elements. As this court explained in Loving v. … An autoimmune disease is "a disorder caused by an immune response directed against self-antigens.” Dorland's at 536.

    Cited 150 timesPublished
  • Zoltek Corp. v. United States

    51 Fed. Cl. 829 · United States Court of Federal Claims · Mar 14, 2002

    In 1990, Congress passed the Patent and Plant Variety Protection Remedy Clarification Act 16 that amended the patent code to clearly state Congress’s intention to abrogate state sovereign immunity as a defense to patent infringement … Fifth Amendment and Sovereign Immunity Under the principles of sovereign immunity, the government must give its consent in order to be sued.

    Cited 19 timesPublished
  • Dms Imaging, Inc. v. United States

    United States Court of Federal Claims · Oct 27, 2015

    “If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Ace-Federal Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed. Cir. 2000) (quoting Locke v. … The frustration of purpose doctrine is clearly inapplicable here.

    Cited 0 timesPublished
  • United Keetoowah Band of Cherokee Indians v. United States

    67 Fed. Cl. 695 · United States Court of Federal Claims · Sep 16, 2005

    The Cherokee Nation rightfully claims that under established precedent, Choctaw Nation v. … The court also finds that this dismissal qualifies as a final judgment sufficient to trigger the release of funds to the Cherokee Nation’s tribal trust account pursuant to 25 U.S.C. § 1779f(b)(3).

    Cited 4 timesPublished
  • Stevens v. Secretary of Department of Health & Human Services

    31 Fed. Cl. 12 · United States Court of Federal Claims · Feb 25, 1994

    R.Civ.P. 15(c), also would not allow the instant petition to qualify within the Vaccine Act statute of limitations. RUSCFC 15(c) provides: (c) Relation Back of Amendments. … The Vaccine Act establishes a government waiver of sovereign immunity with regard to suits involving alleged vaccine induced injuries due to a vaccination in eases which comply with the statute.

    Cited 10 timesPublished
  • Day v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 7, 2015

    He testified, “Clearly, there are genes that are predisposing her family to autoimmunity, [so] that their immune system is more likely to attack self-antigens” than someone else’s immune system. Tr. 130. … Leist, one of the Group’s individual participants worked in the CDC’s immunization office, and each of the Group’s members is a well-qualified pediatric and public health specialist.

    Cited 0 timesPublished
  • Doe/17 v. Secretary of Health & Human Services

    84 Fed. Cl. 691 · United States Court of Federal Claims · Dec 16, 2008

    The first dispute is whether Jane Doe/17 suffered from an immune deficiency before getting the varicella vaccinations. The particular immune deficiency alleged by petitioner is Common Variable Immunodeficiency (CVID). … This emailed comment does not qualify as expert opinion, medical record of a diagnosis, or scientific literature.

    Cited 47 timesPublished
  • Short v. United States

    37 Fed. Cl. 132 · United States Court of Federal Claims · Dec 17, 1996

    In the Distribution Order that established the Short Judgment Account, dated December 21, 1995, this Court made clear that “[t]he principal amount held in the ‘Short Judgment Account’ shall retain its character as federal … Thus, the custodia legis doctrine is clearly applicable in the present case.

    Cited 2 timesPublished
  • Walters v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 1, 2023

    If a petitioner establishes that she has suffered a “Table Injury,” causation is presumed. … Additionally, although highly qualified to opine on certain aspects of this case, the fact that Dr.

    Cited 0 timesPublished
  • Holloway v. United States

    60 Fed. Cl. 254 · United States Court of Federal Claims · Apr 6, 2004

    The relief here sought clearly falls within the ambit of the Tucker Act. See Holley v. … Id, There is no question that plaintiff’s request for an en banc rehearing with the Ninth Circuit qualifies as “pending” under § 1500. See Gargoyles, Inc. v.

    Cited 16 timesPublished
  • Rodd v. Secretary of Health and Human Services

    United States Court of Federal Claims · Dec 11, 2015

    Legal Standards to Establish Entitlement to Compensation The Vaccine Act established the Program to compensate vaccine-related injuries and deaths. § 300aa-10(a). … Rodd clearly described significantly different symptoms occurring in late October or early November and thereafter from those that occurred in the initial days after the flu shot.

    Cited 0 timesPublished
  • City of Wilmington, Delaware v. United States

    United States Court of Federal Claims · Jan 26, 2022

    In deciding that issue, this Court is mindful of the United States Supreme Court’s “established practice of construing waivers of sovereign immunity narrowly” and thus we “decline [the] invitation to read the statutory language … In this case, in contrast, Wilmington is seeking damages which must qualify under the Clean Water Act’s limited waiver of sovereign immunity. Am.

    Cited 0 timesPublished
  • Ashe-Cline v. Secretary of Department of Health & Human Services

    30 Fed. Cl. 40 · United States Court of Federal Claims · Oct 29, 1993

    Similarly, it is well established that statutes permitting the award of attorneys’ fees and costs against the government are waivers of sovereign immunity that must be construed strictly in the government’s favor. … Obviously, it makes far more sense to eliminate any ambiguity in § 15(e)(1) by reading compensation therein to include the qualifier “on the merits” once, than to read that qualifier into the definitions of compensation in

    Cited 2 timesPublished
  • Beckwith v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 9, 2026

    The Act identifies two ways for a petitioner to establish causation and thus qualify for compensation. … Other citations included a study not specific to GBS that determined the flu vaccine was “likely to encourage a faster immune response” and an article focused on the central nervous system (“CNS”), which “established that

    Cited 0 timesPublished
  • Health Republic Insurance Company v. United States

    129 Fed. Cl. 757 · United States Court of Federal Claims · Jan 10, 2017

    In conjunction with these three reforms, the Affordable Care Act required the establishment of an American Health Benefit Exchange (“exchange”) in each state by January 1, 2014, to facilitate the purchase of “qualified health … “The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.”

    Cited 8 timesPublished
  • Rooks v. Secretary of Department of Health & Human Services

    35 Fed. Cl. 1 · United States Court of Federal Claims · Jan 29, 1996

    Within the context of the Act’s purpose, the language of clause (c)(1)(A) does not itself clearly settle the issue. … The Program was established to award “vaccine-injured persons quickly, easily, and with certainty and generosity.” H.R.Rep.

    Cited 192 timesPublished
  • Gargoyles, Inc. v. United States

    45 Fed. Cl. 139 · United States Court of Federal Claims · Oct 15, 1999

    Defendant contends that “pending” in the above context “clearly refers to ‘pending a final, appealable judgment.’ ” The language does not “clearly” refer to final judgment by the trial court, but instead, like the second … Clearly, some of the defenses defendant raised were not as strong as others; indeed, the Court rejected several.

    Cited 18 timesPublished
  • Worthington v. United States

    50 Fed. Cl. 712 · United States Court of Federal Claims · Nov 5, 2001

    Based on a review of the EEO proceeding, it was clearly the type of administrative adjudication envisioned by the Supreme Court. … According to 5 U.S.C. § 6127 (a), agencies are permitted to establish compressed work schedules notwithstanding the basic 40 hour workweek and eight hour day established by 5 U.S.C. § 6101 (1988).

    Cited 4 timesPublished

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