Case law
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43 Fed. Cl. 581 · United States Court of Federal Claims · Apr 27, 1999
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 . … The Smithsonian Staff Handbook clearly states that trust fund employees such as the plaintiffs “are employees paid from trust funds and appointed under the provisions of trust fund personnel policies.”
Cited 2 timesPublishedStacy v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 3, 2024
Steinman emphasized his view that Gautam clearly established that a homologic sequence of just four or five amino acids would be enough for a mimicking cross-reaction to occur. Tr. at 100. … Nor is it enough to offer an opinion from a generally- qualified expert, like Dr. Steinman, 13 and then assume causation has been established. I am not compelled to accept his opinion merely upon its utterance.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Aug 26, 2022
Court of Appeals for the Federal Circuit has clearly stated, this Court does not have jurisdiction over a Fifth Amendment taking claim based on the federal government’s in rem forfeiture of property when the plaintiff could … Additionally, under the “evidence test,” the same facts and evidence must be used in both cases to establish Plaintiff’s ownership interest in the property.
Cited 0 timesPublishedStockton East Water District v. United States
76 Fed. Cl. 497 · United States Court of Federal Claims · May 18, 2007
accordingly, even if the Appropriations Act was a sovereign act, HUD was still obligated to fulfill its obligations under the Repayment Agreement through the substitute performance of providing direct loans to Carabetta’s qualifying … into by the Government would immunize the Government from liability.
Reversed on other grounds by Stockton East Water Dist. v. United States, 583 F.3d 1344 (2011)Cited 34 timesPublished87 Fed. Cl. 413 · United States Court of Federal Claims · May 26, 2009
a more accurate record upon which to base the Board’s decision,” and represented that once the facts had been more clearly established, it would “be happy to provide an opinion at that time on the state of the law concerning … Here, Congress has authorized the payment of SBP annuities to qualifying individuals.
Cited 5 timesPublishedTaylor v. Secretary of Health and Human Services
United States Court of Federal Claims · May 2, 2018
Eighty to ninety percent of his research involves immune system responses to viruses, bacteria, and live virus vaccines. Id. at 231. … This course of illness, clearly established by the record in this case, is not 30 consistent with ADEM’s course as best understood.
Cited 0 timesPublishedZatuchni v. Secretary of Health & Human Services
69 Fed. Cl. 612 · United States Court of Federal Claims · Feb 9, 2006
It is further my opinion that your medical history is particularly well documented and clearly outlines your clinical course to date. ... … The record contains the analyses of many qualified physicians who examined Ms. Snyder, or who offered expert opinions based upon a review of her medical history.
Cited 16 timesPublishedAnderson Columbia Environmental, Inc. v. United States
43 Cont. Cas. Fed. 77,435 · United States Court of Federal Claims · Feb 19, 1999
Because that has not as yet occurred, the court may not grant Tanner “interested party” status even under the standard established by the GAO rules. Cf. WinStar, 41 Fed. … Extending the court’s jurisdiction to intervenors not qualifying as interested parties pursuant to the ADRA would violate the longstanding principle that waivers of immunity must be narrowly construed. See 441 4th St.
Cited 17 timesPublishedMcCarren v. Secretary of the Department of Health & Human Services
40 Fed. Cl. 142 · United States Court of Federal Claims · Dec 3, 1997
interpretation of the requirement, set forth in the Vaccine Injury Table, 42 U.S.C. § 300aa-14(a), that the onset of a residual seizure disorder following the administration of a DPT vaccine must occur within “three days” to qualify … Considering the purpose of the Table, the Chief Special Master’s interpretation in this case is clearly reasonable.
Cited 23 timesPublishedObsidian Solutions Group, LLC v. United States
United States Court of Federal Claims · Apr 8, 2021
The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process.” Sys. Application & Techs., Inc. v. … Section 3(a)(2) is entitled “Establishment of size standards.” 15 U.S.C. § 632(a)(2).
Cited 0 timesPublishedPacific National Cellular v. United States
41 Fed. Cl. 20 · United States Court of Federal Claims · Apr 28, 1998
Moreover, a waiver of the traditional sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v. … The making of such inherently contradictory claims, however, does not establish that if one is rejected the other is necessarily justified. Rains v.
Cited 9 timesPublishedNew Dynamics Foundation v. United States
70 Fed. Cl. 782 · United States Court of Federal Claims · Apr 24, 2006
The final ruling stated that NDF did not qualify as an exempt entity because it failed to establish: (i) that it was operated exclusively for purposes described in section 501(c)(3) of the Code; (ii) that its net earnings … An Advisory Committee is established over that account. The NDF Board of Directors establishes each Advisory Committee with at least three members of legal age.
Cited 15 timesPublishedNew Valley Corp. v. United States
67 Fed. Cl. 277 · United States Court of Federal Claims · Aug 19, 2005
The sale of the satellite, in other words, does not qualify as an undertaking in the mitigation of damages. Id. at 12. … Accordingly, it is that same hypothetical transaction to which we now must look to establish the measure of plaintiff’s damages.
Cited 4 timesPublishedChavez v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 15, 2022
Respondent’s expert stated T.C.’s epileptic encephalopathy “was clearly present from early infancy and, by report, did not worsen in the immediate days after any of her immunizations. … Wiznitzer opined that “[a] diagnosis of an epileptic encephalopathy . . . was clearly present from the time of birth, and by report, did not worsen in the immediate days after any of her immunizations.
Cited 0 timesPublishedRcf Information Systems, Inc. v. United States
United States Court of Federal Claims · Sep 19, 2018
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.” … In conclusion, along with its inability to demonstrate that an undisclosed mandatory minimum existed, plaintiff cannot establish that such a requirement would have prejudiced RCF in any way. C.
Cited 0 timesPublishedEnergy Capital Corp. v. United States
60 Fed. Cl. 315 · United States Court of Federal Claims · Mar 19, 2004
This Court has clearly ruled that the two allegations in question, if proven, constitute bad faith on behalf of the Government. … Fact Concerts, Inc., 453 U.S. 247 , 101 S.Ct. 2748 , 69 L.Ed.2d 616 , the Second Circuit held that states were immune from the latter, but not the former, despite the “punitive and deterrent flavor” of fee awards for bad
Cited 7 timesPublishedG4s Technology LLC v. United States
114 Fed. Cl. 662 · United States Court of Federal Claims · Feb 11, 2014
Cir. 1997) (plaintiff must “fall within a class clearly intended to be benefited thereby”). … Indeed, because waivers of sovereign immunity are construed narrowly, the right to sue the government on a contract to which one is not a party constitutes an “exceptional privilege.” Glass v.
Cited 11 timesPublished92 Fed. Cl. 220 · United States Court of Federal Claims · Apr 16, 2010
Leitner’s complaint if he fails to establish subject matter jurisdiction by a preponderance of the evidence. IV.DISCUSSION Mr. … United States, 89 Fed.Cl. 102, 109-10 (2009) (holding this Court has no jurisdiction where plaintiff alleged violation of the Privileges and Immunities Clause of Article IV of the Constitution).
Cited 12 timesPublishedWells Fargo & Company v. United States
117 Fed. Cl. 30 · United States Court of Federal Claims · Jun 27, 2014
The court finds the government’s reference to sovereign immunity to be misplaced. … Chertoff, 553 U.S. 571, 589 (2008) (“The sovereign immunity canon is just that—a canon of construction.
Cited 2 timesPublishedDean v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 10, 2017
Thus, he offered some literature that he argued demonstrates the “relationship between pertussis immunization and severe/fatal medical complications,” as well as neurological complications following pertussis immunization … But science confirming or discussing the role that cytokines are known to play in the immunization process is not enough by itself to establish Petitioners’ claim herein.
Cited 0 timesPublished
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