Case law

Opinions from 1658 to today.

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  • Aaron v. United States

    51 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 timesPublished
  • Garreaux v. United States

    77 Fed. Cl. 726 · United States Court of Federal Claims · Jul 27, 2007

    Moreover, waivers of sovereign immunity are to be strictly construed. Sherwood, 312 U.S. at 590 , 61 S.Ct. 767 . The Tucker Act, 28 U.S.C. § 1491 (2000), constitutes a waiver of sovereign immunity. United States v. … Plaintiff has not alleged sufficient facts stating who the “bad men” are, much less showing that they qualify as “bad men” under the Treaty.

    Cited 21 timesPublished
  • Pamela Ann Dillon v. Secretary of the Department of Health and Human Services

    United States Court of Federal Claims · Jun 25, 2013

    Truwit asserted the thoracic MRI study performed on October 22, 2008, clearly showed that Ms. … The record establishes that Ms.

    Cited 0 timesPublished
  • Lea v. United States

    132 Fed. Cl. 705 · United States Court of Federal Claims · Aug 8, 2017

    The issue before the district court was therefore whether the new rule “altered a clearly established policy without sufficient explanation.” Id. at 28 n.4 (emphasis omitted). … As noted above, the district court concluded only that there was no clearly established prior policy recognizing state claims of ownership pursuant to escheatment proceedings where the bonds were not in the state’s possession

    Reversed by Laturner v. United States, 933 F.3d 1354 (2019)Cited 2 timesPublished
  • Valeria 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 timesPublished
  • Davis v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 10, 2014

    In order to receive compensation, the petition must be supported by either medical records or the opinion of a qualified physician which proves a causal relationship. See § 300aa- 13(a)(1). … Burris further stated that foreign substances cause antigens and that vaccines elicit an immune response and the production of antibodies. Id.

    Cited 0 timesPublished
  • Simmons v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 6, 2015

    The immune system consists of the innate (nonspecific immunity) and the adaptive immunity (specific immunity). Id. at 208. … The Vaccine Act established a federal “compensation program” under which awards are to be “made to vaccine-injured persons quickly, easily, and with certainty and generosity.”

    Cited 0 timesPublished
  • Camery v. Secretary of the Department of Health & Human Services

    42 Fed. Cl. 381 · United States Court of Federal Claims · Dec 8, 1998

    Other physicians at the Children’s Clinic that treated Bobby adopted the diagnosis of “post-pertussis immunization perive-nous encephalitis,” or “post-immunization encephalopathy.” Id. … Guggenheim determined that Bobby’s medical records clearly indicated that Bobby was healthy until February 14, 1950. Dr.

    Cited 444 timesPublished
  • Robert A. Athey v. the United States 9

    108 Fed. Cl. 617 · United States Court of Federal Claims · Jan 30, 2013

    In addition, in a motion for a dismissal on the basis of subject-matter, the non-moving party bears the burden of establishing jurisdiction. Meyers v. United States, 50 Fed. Cl. 674, 680 (2001). … In so much as these laws are money-mandating, they are statutes that are also covered by the Tucker Act which waives sovereign immunity giving citizens the right to bring the claim.

    Cited 5 timesPublished
  • Vellanti v. United States

    119 Fed. Cl. 570 · United States Court of Federal Claims · Jan 9, 2015

    While the Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages, United States v. Mitchell, 463 U.S. 206, 212 (1983), it does not confer any substantive rights on a plaintiff. … To the contrary, pursuant to 10 U.S.C. § 12686(b), the Air Force was clearly authorized to require such a waiver for tours of duty of less than 180 days, like the one Major Vellanti served.

    Cited 4 timesPublished
  • Geiler/Schrudde & Zimmerman v. United States

    133 Fed. Cl. 578 · United States Court of Federal Claims · Jul 7, 2017

    Athough 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.” … The Court reiterates that the Agency determines what qualifies as adequate work under the RFP. Glenn Def. Mañne (Asia), PTE Ltd. v.

    Cited 1 timesPublished
  • Price v. United States

    133 Fed. Cl. 128 · United States Court of Federal Claims · Jul 17, 2017

    ’s limited waiver of sovereign immunity pursuant to the Tucker Act. … (2) If such position does not exist, or with his consent, the employee shall be placed in a vacant existing position, or in a new continuing position, for which he is qualified,

    Cited 18 timesPublished
  • Le v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 24, 2023

    However, he noted that “half of TM cases occur spontaneously without any clearly identifiable preceding event.” Resp. Ex. C at 6. He therefore dismissed Dr. Conomy’s and Dr. … First, the medical literature filed by Petitioner establishes that molecular mimicry is a well-known immune response in immunology that has been identified in medical literature as a mechanistic theory for how infectious

    Cited 0 timesPublished
  • Samish Indian Nation v. United States

    82 Fed. Cl. 54 · United States Court of Federal Claims · May 27, 2008

    In sum, the Supreme Court held: Because the statutes and regulations at issue in this case clearly establish fiduciary *63 obligations of the Government in the management and operation of Indian lands and resources, they … As noted above, the Supreme Court found qualifying trust relationships in Mitchell II and White Mountain Apache Tribe, and the Federal Circuit found a qualifying trust relationship in Navajo Nation II.

    Cited 7 timesPublished
  • Blazavich v. United States

    29 Fed. Cl. 371 · United States Court of Federal Claims · Sep 30, 1993

    This is clearly reflected, and admitted, within the four corners of plaintiffs complaint, including attachments, and we so find. … Clearly then, plaintiff has failed to establish a claim upon which relief can be granted through any possible argument that the government has breached an implied contract of bailment with the plaintiff.

    Cited 17 timesPublished
  • Aviation & General Insurance v. United States

    121 Fed. Cl. 357 · United States Court of Federal Claims · May 26, 2015

    In 1996, amendments to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605A, lifted Libya’s sovereign immunity for its state sponsorship of terrorism. Id. ¶ 25. … Thus, the Court declines to give weight to these cases in determining what qualifies as property under the Takings Clause.

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

    United States Court of Federal Claims · Jan 16, 2014

    IVIG “is used to treat a range of immune- mediated neurologic diseases,” including GBS. … As such, and for the reasons explained below, neither a lumbar puncture nor IVIG therapy qualifies as a “surgical intervention.” 1.

    Cited 0 timesPublished
  • McKown v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 29, 2019

    Gibbons emphasized the absence of evidence establishing that the POTS she experienced was consistent with the immune-mediated form of the condition. … At most, the records established that Petitioner clearly had eczema (most likely in a mild form) as an infant, along with various preexisting environmental allergies. Id. at 467, 469.

    Cited 0 timesPublished
  • Bianchi v. United States

    46 Fed. Cl. 363 · United States Court of Federal Claims · Feb 14, 2000

    Sovereign Immunity The sole issue to be decided in this case is whether the United States has waived its sovereign immunity to allow for the payment of interest on the EAJA award the DLA withheld as an offset. … “Clearly, the statute does not contemplate full recoupment. .. .It even more clearly does not contemplate recoupment of delay damages.” Chiu, 948 F.2d at 721 (citing Pierce v.

    Cited 0 timesPublished
  • Hamza v. United States

    39 Cont. Cas. Fed. 76,687 · United States Court of Federal Claims · May 13, 1994

    The Tucker Act alone does not create a substantive right to recover money, but instead waives sovereign immunity under specific conditions. United States v. … Accordingly, this court must consider whether plaintiffs letters collectively qualify as a certified claim. 1.

    Cited 23 timesPublished

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