Case law

Opinions from 1658 to today.

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  • Pendleton v. United States

    47 Fed. Cl. 480 · United States Court of Federal Claims · Aug 28, 2000

    Because the site appeared to meet emergency criteria and to qualify for direct federal action, DAL referred the matter on that same day to the Department of the Interior’s OSM. … The United States is immune from suit unless it consents to be sued by waiving its sovereign immunity. See United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976); United States v.

    Cited 5 timesPublished
  • Bull v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 25, 2021

    activate the immune system. … process that would indicate an immune-mediated response to the vaccine.

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

    United States Court of Federal Claims · Jul 28, 2021

    Standards for Adjudication The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a). … are clearly detrimental in the pathophysiology of MS;” however, “mechanisms by which T and B cells migrate through endothelial cells are key steps in the pathogenesis of MS.”

    Cited 0 timesPublished
  • H.J. Heinz Co. & Subsidiaries v. United States

    76 Fed. Cl. 570 · United States Court of Federal Claims · May 25, 2007

    The “end result” test, on the other hand, establishes a standard whereby: ... … Moreover, the Court never suggested that a transaction lacking a business purpose would be immune from the sham transaction doctrine.

    Cited 12 timesPublished
  • Smilo v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jun 9, 2023

    cause an immune response. … Using the definitions described above, both PEG tube insertions qualify as “surgery.”

    Cited 0 timesPublished
  • Speers v. United States

    38 Fed. Cl. 197 · United States Court of Federal Claims · Jun 23, 1997

    The jurisdiction of this court to entertain claims against the government and grant relief is limited by the extent to which the United States has unequivocally waived its sovereign immunity. United States v. … pension plans; and qualified investment' entities.

    Superseded by statute, as recognized in Hinck v. United StatesCited 9 timesPublished
  • Fairholme Funds, Inc. v. United States

    128 Fed. Cl. 410 · United States Court of Federal Claims · Sep 20, 2016

    Circuit in In re Sealed Case, which provides for a shifting burden: if the government establishes that the communications at issue qualify for the privilege, then the plaintiff must demonstrate why the evidence is important … However, even if the documents were clearly protected by the privilege, it would not affect the court’s ultimate conclusion that plaintiffs have established a need for them.

    Cited 7 timesPublished
  • Land Grantors in Henderson, Union v. United States

    86 Fed. Cl. 35 · United States Court of Federal Claims · Feb 24, 2009

    “To qualify as a legal claim, the claim must be viable in all terms — for example, it must not be barred by the applicable statute of limitations or by some other sovereign immunity defense.” Id. … It is well established that sovereign immunity bars suits against the United States, unless the federal government has consented to being sued. See United States v.

    Cited 6 timesPublished
  • Mager v. Secretary of Health and Human Services

    United States Court of Federal Claims · Feb 15, 2022

    Shafrir, is a uniquely potent stimulator of the immune system. … The Court may set aside a special master’s decision for abuse of discretion “if the decision is clearly unreasonable, arbitrary, or fanciful; is based on an erroneous conclusion of law; rests on clearly erroneous fact findings

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

    United States Court of Federal Claims · Jul 1, 2021

    Wallace was an anamnestic immune response. Tr. at 69. … Nov. 6, 2015) (petitioner established that her immune system was predisposed to autoimmune diseases such as RA, and that the Tdap vaccine significantly 10 Consideration of prior determinations is a two-way street that

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

    United States Court of Federal Claims · May 26, 2017

    The undersigned summarized the primary substantive issue in the case as being whether D.V.M.’s encephalopathy qualified as a Table injury. Id. at 1. … STANDARDS FOR ADJUDICATION The Vaccine Act was established to compensate vaccine-related injuries and deaths. §300aa-10(a).

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

    United States Court of Federal Claims · Jan 10, 2020

    Temporal proximity between vaccination and onset of symptoms is a necessary component in establishing causation in non-Table cases, but without more, temporal proximity “fails to establish a reasonable basis for a vaccine … Based on his knowledge, background, and experience, I qualified Dr. Santoro as an expert in gastroenterology at hearing.

    Cited 0 timesPublished
  • Lieber v. United States

    116 Fed. Cl. 1 · United States Court of Federal Claims · May 6, 2014

    The regulations provide that ,,[a] qualified soldier may be paid an SRB only once within each zone oritigititity.- ra. … The Tucker Act waives the sovereign immunity oithe United States to allow a suit for money damages, united States v.

    Cited 2 timesPublished
  • Prochorenko v. United States

    45 Fed. Cl. 494 · United States Court of Federal Claims · Jan 13, 2000

    Thus, the key question before this court is whether the “Collitti settlement,” qualifies as a settlement of “partnership items” under section 6224(c)(2). … The *501 Collittis’ liability for “partnership items” had been “conclusively” established by the Second Circuit decision as it has been for the Prochorenkos.

    Cited 3 timesPublished
  • California Industrial Facilities Resources, Inc. v. United States

    80 Fed. Cl. 633 · United States Court of Federal Claims · Mar 3, 2008

    bidders list, qualified manufacturers list, or qualified products list, or (B) has not been identified as meeting a qualification requirement established after October 19, 1984, if the potential offeror can demonstrate to … list, qualified manufacturers list, or qualified bidders list.”

    Cited 5 timesPublished
  • Levy v. United States

    83 Fed. Cl. 67 · United States Court of Federal Claims · Aug 8, 2008

    It cannot even be determined at this point in time if the criteria for promotion to captain during the two boards he was considered but not selected was “fully qualified” or “best qualified.” … It cannot even be determined at this point in time if the criteria for promotion to captain during the two boards [plaintiff] was considered but not selected was “fully qualified” or “best qualified.”

    Cited 7 timesPublished
  • Collier v. United States

    56 Fed. Cl. 354 · United States Court of Federal Claims · May 6, 2003

    Congressional consent to suit acts as a waiver of sovereign immunity. United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349 , 63 L.Ed.2d 607 (1980). … Waivers of sovereign immunity must be explicit and cannot be implied. United States v. King, 395 U.S. 1, 2 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).

    Cited 19 timesPublished
  • Pelletier v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 2, 2022

    Shapiro was unquestionably a knowledgeable, qualified expert with demonstrated understanding of the injury at issue and its context. … immune response.

    Cited 0 timesPublished
  • Rochman v. United States

    27 Fed. Cl. 162 · United States Court of Federal Claims · Nov 24, 1992

    Pursuant to the executed August 15, 1986, contract, plaintiffs had clearly enrolled corn base acreage. … However, courts have held without qualification that the CCC is immune from injunctions. Raines v. United States, 12 Cl.Ct. 530, 533 (1987) (citing Stroud v.

    Cited 0 timesPublished
  • Doug Paluck and Rhonda Paluck, as Parents and Natural Guardians on Behalf of Their Minor Son, Karl Paluck v. Secretary of Health and Human Services

    113 Fed. Cl. 210 · United States Court of Federal Claims · Oct 29, 2013

    To the left of the L-O-W-E-R is something that I think is an ampersand sign, meaning upper and lower, and then I think you can clearly read extremities after you see lower. … He maintained, however, that that the theoretical postulate was not established in this case because Karl did not get worse in January and February after the immunizations. Id.

    Cited 20 timesPublished

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