Case law
Opinions from 1658 to today.
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Rogero v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 27, 2017
Thus, Petitioners’ claim clearly fails under Prong 1 of Althen. C. Petitioners have failed to establish Prong 2 of Althen in this case. … Thus, Petitioners have clearly failed to establish Prong 3 as well. 84 E. This is not a close case.
Cited 0 timesPublished100 Fed. Cl. 621 · United States Court of Federal Claims · Sep 27, 2011
Title 5 does not ignore judicial branch personnel in establishing laws relevant to the civil service. … (quoting 18 U.S.C. § 3602 (a)). *636 Plaintiff argues that “Semper’s discharge without cause, if proven, clearly qualifies as an unjustified or unwarranted personnel action as envisioned by the Back Pay Act.”
Cited 5 timesPublishedMaine Community Health Options v. United States
133 Fed. Cl. 1 · United States Court of Federal Claims · Jul 31, 2017
CHO is approved by the Centers for Medicare and Medicaid Services (“CMS”) to offer qualified health care plans (“QHPs”). … The Secretary shall establish and administer a program of risk corridors for calendar years 2014, 2015, and 2016 under which a qualified health plan offered in the individual or small group market shall
Cited 4 timesPublishedHughes v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 5, 2021
Richards et al., Complex Regional Pain Syndrome Following Immunization, (0) Arch. Dis. … And as special master I am not called upon (or even qualified) to make such a diagnosis myself.
Cited 0 timesPublishedDefenza v. Secretary of Health and Human Services
United States Court of Federal Claims · Jun 16, 2026
“In such instances, clearly the special master must evaluate what evidence a claimant presents as part of determining whether the claimant makes a prima facie case.” Id. … Polakowski expressly qualified her study by acknowledging that her “ability to account for preceding respiratory/gastrointestinal illness was limited.”
Cited 0 timesPublished71 Fed. Cl. 473 · United States Court of Federal Claims · May 24, 2006
Colon bears the burden of establishing by “‘cogent and clearly convincing evidence’” that the ABCMR’s decision was arbitrary, capricious, unsupported by substantial evidence, or contrary to law. Wronke v. … Consequently, the court holds that plaintiff has failed to establish that the ABCMR’s denial of Mr.
Cited 15 timesPublishedState of California v. United States
47 Fed. Cl. 688 · United States Court of Federal Claims · Sep 26, 2000
The making of such inherently contradictory claims, however, does not establish that if one is rejected the other is necessarily justified. Rains v. … Plaintiff argues that the Tucker Act of 1887, 28 U.S.C. § 1491 (1994), which waives sovereign immunity for contract actions, was not partially repealed by the Flood Control Act of 1928, and did not establish immunity from
Cited 1 timesPublishedValeria Flores v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 12, 2013
Kerr argued that one part of the body’s immune system, the “innate” immune system, would produce inflammation soon after vaccination (Tr. 42-43), and he seemed to suggest that such inflammation, produced by the innate immune … To be sure, Valeria’s medical records do indicate that in the ambulance, she may have lost consciousness, which might qualify as a case of syncope. (See Tr. 55.) But Dr.
Cited 0 timesPublishedARRA Energy Co. I v. United States
97 Fed. Cl. 12 · United States Court of Federal Claims · Jan 18, 2011
The Tucker Act merely “waiv[es] sovereign immunity and provid[es] the forum for adjudication! … The court further concluded that the government had no discretion to refuse to enter into a contract with any qualified producer.
Cited 31 timesPublishedGreenlee County v. United States
68 Fed. Cl. 482 · United States Court of Federal Claims · Nov 3, 2005
No. 40-1, 469 U.S. 256, 258 , 105 S.Ct. 695 , 83 L.Ed.2d 635 (1985) (noting the Payment in Lieu of Taxes Act “compensates local governments for the loss of tax revenues resulting from the tax-immune status of federal lands … Defendant questioned initially whether plaintiff qualified as a "unit of local government” as contemplated by the statute.
Cited 5 timesPublished131 Fed. Cl. 350 · United States Court of Federal Claims · Apr 28, 2017
Bias has the burden of establishing jurisdiction. See Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed. Cir. 1988). … The Tucker Act waives sovereign immunity and allows a plaintiff to sue the United States for money damages, United States v.
Cited 6 timesPublished51 Fed. Cl. 690 · United States Court of Federal Claims · Feb 21, 2002
In sum, we think the evidence is clear that UNICOR is a NAFI and that Congress has clearly indicated an intent to keep its financial obligations completely separate from those of the Treasury generally. … For in that situation, Congress necessarily intended to waive the bar of sovereign immunity.
Cited 10 timesPublished68 Fed. Cl. 62 · United States Court of Federal Claims · Aug 31, 2005
Therefore, in order to qualify as a “public safety officer,” under the PSOBA in this case, Plaintiff Samantha Scott (“Plaintiff”) must establish that Ms. … suit, the United States is immune from an interest award.”).
Cited 2 timesPublishedMcGuinness v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 15, 2021
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Nov. 6, 2015) (petitioner established that her immune system was predisposed to autoimmune diseases such as RA, and that the Tdap vaccine significantly aggravated her pre-existing RA); Campbell v. Sec'y of Health & Hum.
Cited 0 timesPublished43 Fed. Cl. 346 · United States Court of Federal Claims · Mar 19, 1999
The six-year statute of limitations is jurisdictional in nature, and an express limitation on the waiver of sovereign immunity. See United States v. Kubrick, 444 U.S. 111, 117 , 100 S.Ct. 352 , 62 L.Ed.2d 259 (1979). … The record clearly indicates that even in the most favorable light, plaintiff was no longer suffering from any legal disability by 1978.
Cited 10 timesPublishedHughes v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 12, 2021
He also found significant the timing of the onset of symptoms after the immunizations. This “long onset” after vaccination was, according to Dr. Lyons-Weiler “established in the medical literature.” Id. at 4. … , on the criteria for CRPS, the onset of pain two months after immunization and Dr.
Cited 0 timesPublished80 Fed. Cl. 251 · United States Court of Federal Claims · Jan 23, 2008
The first underlined phrase establishes this court’s jurisdiction, and the third underlined phrase clearly modifies the first. In this way, the statute is similar to the combined effect of the statutes in Wein-berger. … 15(a) gave him the right to amend his complaint "once as a matter of course at any time before a responsive pleading is served," and argued that defendant's consolidated motion to dismiss and for summary judgment did not qualify
Cited 17 timesPublishedMartin v. Secretary of Health and Human Services
United States Court of Federal Claims · Aug 18, 2020
Her second report more clearly incorporated Dr. Vargas’s opinion (presumably because both of Respondent’s experts’ first reports were prepared and filed simultaneously),30 and clearly included the opinion that Mr. … Martin’s established comorbidities (in particular uncontrolled diabetes) likely impacted his health and/or immune response. Respondent, however, has maintained that Mr.
Cited 0 timesPublishedD'Angiolini v. Secretary of Health & Human Services
122 Fed. Cl. 86 · United States Court of Federal Claims · Jul 27, 2015
The National Vaccine Injury Compensation Program (the “Program”) was established by the National Vaccine Childhood Injury Act of 1986 in order to “achieve optimal prevention of human infectious diseases through immunization … “An abuse of discretion may be found when (1) the court’s decision is clearly unreasonable, arbitrary, or fanciful; (2) the decision is based on an erroneous conclusion of the law; (3) the court’s findings are clearly erroneous
Cited 48 timesPublished101 Fed. Cl. 435 · United States Court of Federal Claims · Oct 18, 2011
DoDI 3.1.3.1. establishes “fully qualified for retention” as an independent ground for eligibility for full separation pay; this AFI provision does not. … scheme established by Congress. .
Cited 3 timesPublished
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