Case law

Orient Overseas Container Line (UK) Ltd. v. United States

48 Fed. Cl. 284 · United States Court of Federal Claims · Dec 5, 2000

The court held that Congress, by creating the fund, clearly intended that the government, rather than the carriers, bear those costs. 77 F.3d at 1571 . … Defendant contends that the government has not waived sovereign immunity with respect to claims for interest, and that plaintiffs claim is therefore barred. Defendant’s Motion for Partial Summary Judgment at 9-12.

Humbert v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 20, 2023

She explained that she remembered this clearly due to important events in her professional career occurring at the same time. Id. Ms. … Standards for Adjudication The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a).

Frantz v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 7, 2019

Frantz’s immune system and in that circumstance the “immune response would be expected to be brisk,” noting that a vaccine injury can generally occur in 1-3 days. Id. at 3. For the range of 1-3 days, Dr. … However, the petitioner’s burden is to establish the reasonable basis for the claims set forth in the petition. This burden is not the same as the burden of establishing entitlement to compensation.

Sun v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 12, 2022

Although clearly easier to meet than the preponderant standard required for compensation, “courts have struggled with the nature and quantum of evidence necessary to establish a reasonable basis.” Wirtshafter v. … The medical records filed by Petitioner contain lists of immunizations in medical records from a November 19, 2019 visit, a January 22, 2020 telephone call and a January 24, 2020 telephonic consult, which include the vaccination

Bernard v. United States

59 Fed. Cl. 497 · United States Court of Federal Claims · Jan 22, 2004

If the complaint does not clearly state an independent money-mandating source, as a matter of law, the complaint must be dismissed. See Gollehon Farming v. United States, 207 F.3d 1373,1379 (Fed.Cir.2000); Palmer v. … TDRL status qualifies a soldier for disability retirement on a temporary basis, "when it is determined that the soldier is qualified for disability retirement under 10 U.S.C. § 1201 but for the fact that his or her disability

Sonoma Apartment Associates v. United States

127 Fed. Cl. 721 · United States Court of Federal Claims · Aug 24, 2016

Because it was “not clearly erroneous” for the Court of Federal Claims to find that its damages award constituted compensation for “lost monies that would not have been taxable,” the Federal Circuit “affirm[ed] the court’ … Nowhere within the statutory framework of the Rehabilitation Act or Title VII[] has Congress expressly waived sovereign immunity from tax enhancement damages.

ELVIRA v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Dec 3, 2024

Immune suppression The evidence clearly preponderates in favor of a finding that D.E.’s Kawasaki disease did not in itself result in a compromised or weakened immune system. … a surgical act or measure for diagnostic or therapeutic purposes taken to prevent harm of a patient or to improve the health of a patient – required to be conducted as a result of the vaccine injury qualifies

Diaz v. United States

United States Court of Federal Claims · Oct 14, 2021

This Court’s jurisdiction to entertain claims and grant relief depends on the extent to which the United States has waived sovereign immunity. United States v. Testan, 424 U.S. 392, 399 (1976). … Diaz argues that, should the CDA apply to his contract, the letter sent from to Deputy Managing Counsel for the USPS would qualify as a claim for purposes of the CDA.

Washington Federal v. United States

United States Court of Federal Claims · Jul 16, 2020

Congress chartered Fannie in 1938 and established Freddie in 1970. Id. ¶¶ 25, 27. … “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).

Smith v. Secretary of Health and Human Services

United States Court of Federal Claims · May 12, 2016

Onset of MS Symptoms In this case, the parties presented two highly qualified experts. The petitioner presented Dr. … Smith to testify more clearly, but as observed by both experts, the most that could be derived from the testimony were some scattered factoids and an opaque history. Tr. at 205-06; 284-85. Dr.

John Crawford v. United States

United States Court of Federal Claims · Jan 26, 2022

The plaintiff bears the burden of establishing each requirement, except the defendant must establish that its position was substantially justified. See Davis v. Nicholson, 475 F.3d 1360, 1366 (Fed. Cir. 2007); Doty v. … Because the EAJA renders defendant liable for attorneys’ fees for which it would not otherwise be responsible, the statute operates as a partial waiver of sovereign 3 immunity

B & H Medical, LLC v. United States

116 Fed. Cl. 671 · United States Court of Federal Claims · Jun 23, 2014

The language at issue in MIPPA, § 1395w-3(a)(1)(D)(i), clearly purports to impose a limitation on federal court jurisdiction. … Reconsideration by a Qualified Independent Contractor (QIC) (42 C.F.R.§§ 405.960-.978); 3.

Reid v. United States

95 Fed. Cl. 243 · United States Court of Federal Claims · Nov 10, 2010

The Tucker Act establishes and limits the jurisdiction of the United States Court of Federal Claims (Court of Federal Claims). 28 U.S.C. § 1491 (2006). … The court will transfer a case when a plaintiff articulates a clearly stated and non-frivolous complaint. See Phang v.

Nacchio v. United States

115 Fed. Cl. 195 · United States Court of Federal Claims · Mar 12, 2014

To qualify for a tax refund under 26 U.S.C. § 1341, Plaintiffs must establish both that Mr. … Unlike the fine, which was clearly punitive and was paid from assets unrelated to insider trading, the forfeiture exclusively represented the disgorgement of Mr. Nacchio’s illicit net gain from insider trading.

Smith v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 29, 2018

Smith suffered from post-vaccination immune-related acute motor-sensory axonal polyneuropathy (AMSAN). Exhibit 16 at 3. Dr. Morgan stated that this is a variant of GBS. Id. Dr. … Smith did not meet his burden to establish that he suffered from his alleged injury. The notes from the medical records failed to indicate that any of Mr.

Adams v. United States

27 Fed. Cl. 5 · United States Court of Federal Claims · Oct 30, 1992

Defendant argues that the United States has only waived sovereign immunity to the extent that FLSA confers upon plaintiffs a substantive right to receive money. … Second, “[t]he FLSA in effect establishes a presumption for a nonexempt status. The employer clearly has the burden of establishing a claimed exemption.” Id. at 590 ; see also Corning Glass Works v.

Gruber v. Secretary of Health & Human Services

61 Fed. Cl. 674 · United States Court of Federal Claims · Jul 28, 2004

She received her first set of immunizations on September 18, 1991, and her second set on November 20, 1991. … Respondent merely concedes that under the current state of the law SME constitutes an idiopathic condition which cannot qualify as a "factor unrelated.”

Resource Conservation Group, LLC v. United States Deparment of Navy

86 Fed. Cl. 475 · United States Court of Federal Claims · Mar 31, 2009

In response, the United States Congress authorized the Naval Academy to establish and operate a dairy. Id. … The burden of establishing jurisdiction falls upon the plaintiff. See FW/PBS, Inc. v.

Samish Indian Nation v. United States

58 Fed. Cl. 114 · United States Court of Federal Claims · Sep 30, 2003

. § 83.2 established that only officially recognized Indian tribes would be eligible for federal services and benefits. In 1987, the Samish’s 1972 petition for recognition was denied. … See Mitchell, 463 U.S. at 224 , 103 S.Ct. 2961 (stating that these other statutes "clearly give the Federal Government full responsibility to manage Indian resources”).

California Ridge Wind Energy LLC v. United States

United States Court of Federal Claims · Jun 20, 2019

In October 2012, California Ridge placed a qualified wind facility into service at a cost of $456,196,599 and applied for a Section 1603 cash grant totaling $136,858,980. … The Tucker Act establishes our jurisdiction and waives sovereign immunity over certain claims against the United States, including those founded upon the Constitution and federal statutes and regulations. Id.