Case law
Opinions from 1658 to today.
4,740 results
1.03s
Earth Resources Corp. v. United States
44 Fed. Cl. 274 · United States Court of Federal Claims · Jul 12, 1999
Does the doctrine of assignor estoppel implicate the doctrine of sovereign immunity? The government begins its argument by noting that the government’s liability depends on the extent of sovereign immunity. … A contractual relationship, alone, is not enough to establish privity in the context of assignor estoppel.
Cited 6 timesPublishedContreras v. Secretary of Health and Human Services
121 Fed. Cl. 230 · United States Court of Federal Claims · May 6, 2015
They clearly had no expectation that the fact-finder would credit his testimony after his untruths had been revealed. … But as the special master clearly shows in Contreras V, Dr.
Vacated on other grounds by Contreras v. Secretary of Health & Human Services, 844 F.3d 1363 (2017)Cited 164 timesPublishedLord v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 2, 2016
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 … McCusker testified, there are important similarities and differences between an immune response to an infection and an immune response to a vaccination.
Cited 0 timesPublished51 Fed. Cl. 527 · United States Court of Federal Claims · Jan 17, 2002
In addition to the guidelines given in the 1996 Kasch memorandum, in June 1996, the INS Human Resources and Development Office, in an effort to attract a ready, qualified applicant pool, sent a letter to approximately 600 … The issues raised by the plaintiff's complaint and by the defendant’s motion to dismiss are clearly presented and have been thoroughly briefed by both parties.
Cited 13 timesPublished35 Fed. Cl. 620 · United States Court of Federal Claims · May 28, 1996
The parties only dispute which sections of the Act apply and how their application affects the calculation of benefits. 3 Plaintiff bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence … Thus, plaintiff’s complaint is clearly grounded on the Secretary’s partial denial of compensation under the Act.
Cited 5 timesPublishedMatten v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 3, 2021
Perry stated, “the evidence shows that she clearly had a parainfluenza infection in her lungs, she clearly had parainfluenza in her heart...she has pathologic evidence of a longer standing viral process in her lungs as well … vaccine intended to elicit an immune response.
Cited 0 timesPublishedValdes v. Secretary of Health & Human Services
89 Fed. Cl. 415 · United States Court of Federal Claims · Sep 30, 2009
Geier “does not specialize in immunology, the field best suited to explain how a person might react to an immunization ... … effect on the ability of any petitioners in the future to find qualified experts willing to review their claims.”
Cited 59 timesPublishedMaine Community Health Options v. United States
United States Court of Federal Claims · Feb 15, 2019
In conjunction with these reforms, the Act provided for the establishment of an American Health Benefit Exchange (“exchange”) in each state by January 1, 2014, to facilitate the purchase of “qualified health plans” by individuals … The Tucker Act, the principal statute governing the jurisdiction of this court, waives sovereign immunity for claims against the United States, not sounding in tort, that are founded upon the United States Constitution, a
Cited 0 timesPublishedAndrews v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 3, 2021
The record further states that “chest x-ray revealed immune reaction to pneumovax.” Id. … It is Petitioner’s burden to establish her diagnosis by preponderant evidence.
Cited 0 timesPublished63 Fed. Cl. 591 · United States Court of Federal Claims · Jan 11, 2005
The government argues that it is only liable for attorneys’ fees upon an express waiver of sovereign immunity. … Clearly, Dr. Sweet’s action against his insurer did not involve “defending a claim for public liability.” As such it is beyond the *602 scope of the indemnity provision and not recoverable in this case.
Cited 6 timesPublishedReichert v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 19, 2018
The immune system reaction to a vaccine, Dr. … immune system’s “experience” with the presenting antigen).
Cited 0 timesPublished131 Fed. Cl. 54 · United States Court of Federal Claims · Mar 20, 2017
"Despite its spacious terms,§ 1346(a)(l) must be read in conformity with other statutory provisions which qualify a taxpayer's right to bring a refund suit upon compliance with certain conditions. … The Court Lacks Jurisdiction Over Plaintiff's Action To establish jurisdiction, Plaintiff must establish that he filed an administrative refund claim with the IRS prior to filing suit in this Court. 26 U.S.C. § 7422
Cited 7 timesPublishedS. v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 7, 2021
And he distinguished literature establishing that the HPV vaccine could promote a subsequent increased T-cell/immune response to the vaccine’s proteins (the very purpose of vaccination) from a demonstration that the “immune … Steinman was unquestionably qualified to offer an opinion in this case, and what is more he has conducted direct research into some of the alleged injuries, such as narcolepsy.
Cited 0 timesPublishedLyons Security Services, Inc. v. United States
38 Fed. Cl. 783 · United States Court of Federal Claims · Sep 16, 1997
Following an agency level protest, however, the bid was reinstated as qualified and INS awarded the contract to Lyons. Another bidder, Premier Security, protested the award before the General Accounting Office. … GAO ruled that Lyons was “clearly failing by the time of the sale,” yet Lyons never failed. Lyons retained its pre-sale assets and employees after the sale — including the management services of Mrs.
Cited 7 timesPublishedSanford Health Plan v. United States
United States Court of Federal Claims · Oct 11, 2018
This case arises out of a complaint filed by plaintiff Sanford Health Plan (“Sanford”), a health insurer that sells qualified health plans on health care exchanges established by the Patient Protection and Affordable Care … The Court does not reach this claim in light of its favorable disposition of Sanford’s statutory claim. 5 immunity and a jurisdictional grant, but it does not create a
Cited 0 timesPublishedUnited States Court of Federal Claims · Nov 5, 2015
Although there was recent immunization, a connection to the death could not be established.” Id. C. … The “immune reaction is . . . silent.” Id. Dr.
Cited 0 timesPublished62 Fed. Cl. 521 · United States Court of Federal Claims · Oct 27, 2004
The new test clearly lowers the threshold for establishing that a statute or regulation is money-mandating, for it replaces a normal ‘fairly interpreted’ test with a less demanding test of ‘reasonable amenability’ based on … In Mitchell II , the Supreme Court concluded that the Tucker Act and the Indian Tucker Act constituted the government’s waiver of sovereign immunity and that no further, or second, waiver of sovereign immunity was needed
Reversed on other grounds by Wolfchild v. United States, 559 F.3d 1228 (2009)Cited 33 timesPublishedTodd v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 13, 2020
Moalem-Taylor, The Neuro-immune Balance in Neuropathic Pain: Involvement of Inflammatory Immune Cells, Immune-like Glial Cells and Cytokines, 229 J. of Neuroimmunology 26, 36 (2010), filed as Ex. 44 at on Nov. 11, 2018 (ECF … Lancaster deemed qualified to evaluate the existence of small fiber neuropathies), another comprehensive workup established insufficient objective evidence of neuropathy (although treaters seemed willing to explore the matter
Cited 0 timesPublishedBona Fide Conglomerate, Inc. v. United States
96 Fed. Cl. 233 · United States Court of Federal Claims · Dec 2, 2010
Specifically, JWOD established the Committee to facilitate the Government’s “purchase of commodities and services from qualified nonprofit agencies.” 41 C.F.R. § 51-1.1 ; see 41 U.S.C. § 46 (a). … Once a good or service is added to the Procurement List, government entities — including executive agencies — are required to procure the good or service from a qualifying nonprofit agency (“NPA”) at a price established by
Cited 32 timesPublished68 Fed. Cl. 121 · United States Court of Federal Claims · Sep 26, 2005
United States, 690 F.2d 1368, 1370 (Fed.Cir.1982) (“[W]e deem it fitting, necessary, and proper to adopt an established body of law as precedent. … Trudeau and the United States does not “clearly and unmistakably” provide that the United States is liable for monetary damages in the event of breach.
Cited 9 timesPublished
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