Case law
Opinions from 1658 to today.
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Luther Brady Tansil v. United States
113 Fed. Cl. 256 · United States Court of Federal Claims · Oct 30, 2013
It determined that “the evidence submitted was insufficient to establish the existence of probable material error or injustice.” Id. at 100. … A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 (1969).
Cited 1 timesPublishedAviation & General Insurance Company, Ltd. v. United States
121 Fed. Cl. 206 · United States Court of Federal Claims · May 26, 2015
In 1996, amendments to the Foreign Sovereign Immunities Act (“FSIA”) lifted Libya’s sovereign immunity in relation to its state sponsorship of terrorism. Id. ¶ 37. … Thus, the Court declines to give weight to these cases in determining what qualifies as property under the Takings Clause.
Cited 1 timesPublishedBurgess v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 5, 2022
He cited papers by Murata 42 and Murata and Tsurumi 43 to establish that the “[p]hysiological stimuli that trigger viral reactivation in vivo have not been clearly identified.” Id. at 4, 6 (quoting Resp. 40Dr. … Respondent argues that Petitioner has not clearly established the nature of the illness which she alleges is vaccine-related, and that alleging an underlying autoimmune disorder is insufficient. Dr.
Cited 0 timesPublishedUnited States Court of Federal Claims · Jul 21, 2022
“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.” … Further, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith because, as alleged, plaintiff’s claim is clearly beyond the jurisdiction of this court.
Cited 0 timesPublishedWaters v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 7, 2014
Pet’rs’ Ex. 92 at 2.20 These authors, however, have not established that such an immune-mediated mechanism exists. … That fact alone does not establish a vaccine-related injury.
Cited 0 timesPublishedLoyd v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 1, 2021
The record clearly established the CBC panel ordered at Ms. Loyd’s request revealed a normal platelet level of 340,000. Id. at 112–13; Ex. 2 at 40. Dr. … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v.
Cited 0 timesPublishedHolmes v. Secretary of Health and Human Services
115 Fed. Cl. 469 · United States Court of Federal Claims · Apr 24, 2014
Kinsbourne’s “claim of a complex febrile seizure as a result of [Td] immunization occurring in a 14 year old adolescent.” Id. at 3. 2. … She found that petitioner’s expert relied on facts that were not established and was not as qualified as respondent’s expert in the areas of “diagnosing and treating febrile seizures and epilepsy.” Id.
Cited 29 timesPublishedRowan v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 30, 2014
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 … The primitive immune system, which fights infections, has “toll-like receptors” which “start the cascade of the immune system.” Tr. 186. Dr.
Cited 0 timesPublishedUnited States Court of Federal Claims · Jan 7, 2014
Pet’rs’ Ex. 92 at 2.20 These authors, however, have not established that such an immune-mediated mechanism exists. … That fact alone does not establish a vaccine-related injury.
Cited 0 timesPublished69 Fed. Cl. 369 · United States Court of Federal Claims · Jan 31, 2006
Therefore, in order to qualify as a “public safety officer,” under the PSOBA in this case, Plaintiff Samantha Scott must establish that Ms. … suit, the United States is immune from an interest award.”).
Cited 2 timesPublished98 Fed. Cl. 737 · United States Court of Federal Claims · Apr 22, 2011
The Internal Revenue Code specifies that before doing so, the taxpayer must comply with the tax refund scheme established in the Code. … United States that: “Clearly, Congress did not intend to waive the United States’s sovereign immunity and thereby expose the federal treasury to unknown claims from unspecified taxpayers for an unlimited period of time.”
Cited 18 timesPublishedAmerican Floor Consultants & Installations, Inc. v. United States
70 Fed. Cl. 235 · United States Court of Federal Claims · Mar 14, 2006
However, “[i]t is well established that the Court of Federal Claims has jurisdiction only where and to the extent the government has waived its sovereign immunity, and any waiver of sovereign immunity cannot be implied but … Consequently, if a plea, immunity, or witness protection agreement is violated, the United States is obligated to pay money for its breach “only if the agreement clearly and unmistakably subjects the United States to monetary
Cited 0 timesPublished46 Fed. Cl. 616 · United States Court of Federal Claims · Apr 5, 2000
Leaders of this nature do not qualify for exemption as executive employees. FPM Letter 551-7 § B(1)(b). Although this letter has a checkered history, we held that it captured the relevant standard. … It is well-settled, however, that interest does not run against the United States in the absence of a contract provision or an explicit statutory waiver of sovereign immunity. See Doyle v.
Cited 7 timesPublished55 Fed. Cl. 103 · United States Court of Federal Claims · Jan 6, 2003
In the court’s view, these eases establish that section 5343(a) is money-mandating. … The established rule is that one is not entitled to the benefit of a position until he has been duly appointed to it. 424 U.S. at 402 , 96 S.Ct. 948 .
Cited 8 timesPublishedKelsey v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 4, 2026
Kelsey has not established that he is entitled to compensation. Mr. … Kelsey’s asserted onset (one day) was too rapid to qualify for a presumption of causation. See 42 C.F.R. § 100.3(a)¶ XIV.D. Mr. Murphy also stated that Mr.
Cited 0 timesPublishedJ v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 31, 2022
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 … Zamvil tried to establish that the mechanism of molecular mimicry could instigate immune-mediated disease processes, he had offered little in the way of evidence directly connecting the Tdap vaccine to TM in this manner.
Cited 0 timesPublished97 Fed. Cl. 221 · United States Court of Federal Claims · Feb 16, 2011
United States, 566 F.3d 1358, 1360 (Fed.Cir.2009) (“waivers of the United States’s sovereign immunity are to be construed narrowly”). … CONCLUSION Plaintiff failed to discharge his burden to establish jurisdiction.
Cited 4 timesPublishedChapman Law Firm v. United States
63 Fed. Cl. 25 · United States Court of Federal Claims · Nov 23, 2004
If the showing meets the test, nothing more need be done to establish the trial court’s jurisdiction.” Id. at 1378 . … Consistent with the Federal Circuit’s guidance in Fisher , plaintiff has established the court’s jurisdiction. 364 F.3d at 1378 (stating that a plaintiff “establish[es] the trial court’s jurisdiction” upon fifing “a well-pleaded
Cited 16 timesPublishedDGR Associates, Inc. v. United States
94 Fed. Cl. 189 · United States Court of Federal Claims · Aug 13, 2010
By using the phrases “notwithstanding any other provision of law ... a contract opportunity shall be awarded on the basis of competition to qualified HUBZone small business concerns,” Congress established a priority for the … To further the goal of aiding small businesses, Congress has established certain programs to assist qualifying small businesses in obtaining “a fair proportion” of Federal contracts. 2 Id. §§ 631(a), 637(a)(1)(C), 657a.
Reversed on other grounds by DGR Associates, Inc. v. United States, 690 F.3d 1335 (2012)Cited 25 timesPublishedPratcher v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 30, 2020
. 2) that Petitioner filed, the immunization report (Ex. 1) and the other medical records from the VA Ann Arbor Healthcare System. … The immunization record and the medical records provide different dates for the immunizations that Petitioner received. None of Petitioner’s medical records support his claim that a vaccine caused his injuries.
Cited 0 timesPublished
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