Case law

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  • Echols v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 9, 2023

    To establish actual causation, Ms. … Echols established Althen prongs one and two.

    Cited 0 timesPublished
  • Haddad v. United States

    United States Court of Federal Claims · Feb 28, 2018

    Cl. 1982) ("[T]he case law clearly establishes the applicability of [the Assignment of Claims Act] to prevent assignment of patent claims on patents issued subsequent to 1918.")). … Cl. at 940 ("[T]he case law clearly establishes the applicability of [the Assignment of Claims Act] to prevent assignment of patent claims on patents issued subsequent to 1918). 10 As such, "voluntary assignments of patent

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

    United States Court of Federal Claims · Oct 25, 2019

    immune responses. … Mar. 12, 2010) (finding petitioner’s expert far less qualified to offer opinion on general causation issues pertaining to autism than specific issues pertaining to the petitioner’s actual medical history, given the nature

    Cited 0 timesPublished
  • SAI Industries Corp. v. United States

    63 Fed. Cl. 1 · United States Court of Federal Claims · Oct 29, 2004

    Furthermore, said consent must occur through an unequivocal, express waiver of sovereign immunity. United States v. … Consequently, we may neither expand nor narrow the express waiver of sovereign immunity contained within the EAJA. Id.

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

    United States Court of Federal Claims · Jan 23, 2020

    Bourdette cited to case reports of patients with established POEMS syndrome, or within a few weeks or months of a neuropathy clearly had POEMS which was considered to be GBS-like at onset. … Dispenzieri clearly attributed petitioner’s 2013 neuropathy to POEMS. Tr. 110. Dr.

    Cited 0 timesPublished
  • Lockwood v. United States

    90 Fed. Cl. 210 · United States Court of Federal Claims · Jun 5, 2008

    Defendant contends that the claim is barred by the statute of limitations and that no basis to toll the statute can be established. The plaintiff, Bryce F. … Furthermore, he accepted the severance pay awarded him as a result of his established physical disability of arthralgia at the time.

    Cited 12 timesPublished
  • Blue Dot Energy Co. v. United States

    61 Fed. Cl. 548 · United States Court of Federal Claims · Aug 18, 2004

    On July 23, 2003, the Air Force issued Solicitation F45613-03-Q-A028 for HUBZone qualified companies. See AR at 719-46. Again, Waste Management protested. See AR at 747-54. … Midcal Aluminum, Inc., 445 U.S. 97 , 100 S.Ct. 937 , 63 L.Ed.2d 233 (1980), however, a unanimous Court established a two-part test to clarify that state action antitrust immunity is not absolute.

    Cited 5 timesPublished
  • Grady v. United States

    124 Fed. Cl. 278 · United States Court of Federal Claims · Nov 23, 2015

    Grady has failed to establish that his claims are within the jurisdiction of this Court. … While the govemment's arguments are not without some force, the Court finds it unnecessary to reach them, given its conclusion that it clearly lacks jurisdiction over the contract claims Mr.

    Cited 2 timesPublished
  • Golding v. United States

    48 Fed. Cl. 697 · United States Court of Federal Claims · Mar 1, 2001

    The Supreme Court restated settled principles for the waiver of sovereign immunity: A waiver of the Federal Government’s sovereign immunity must be unequivocally expressed in statutory text, and will not be implied. … Moreover, a waiver of the Government’s sovereign immunity will be strictly construed, in terms of its scope, in favor of the sovereign____A statute’s legislative history cannot supply a waiver that does not appear clearly

    Cited 10 timesPublished
  • Richard v. United States

    98 Fed. Cl. 278 · United States Court of Federal Claims · Mar 31, 2011

    A waiver of immunity “cannot be implied but must be unequivocally *281 expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … Waivers of sovereign immunity, including the Tucker Act, must be narrowly construed. Radioshack Corp. v. United States, 566 F.3d 1358, 1360 (Fed.Cir.2009).

    Cited 1 timesPublished
  • Godfrey v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 20, 2016

    It is now clearly established that special masters may use the framework established by Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), to evaluate such expert testimony on causation. Andreu v. … McCabe suggested the immune response should have occurred. Entitlement Decision at *15-*16.

    Cited 0 timesPublished
  • Veryzer v. Secretary of Health & Human Services

    100 Fed. Cl. 344 · United States Court of Federal Claims · Sep 29, 2011

    Second, the special master observed that “[petitioner repeatedly pulls out of context any reference to the immunization as evidence of causation,” id. at *14, such that a review of the relied-upon report as a whole entirely … Astruc states he is not qualified to opine on the appropriate time from vaccine to onset of petitioner’s symptoms in the case of demyelination____[This] calls into question whether he is qualified to opine regarding a theory

    Cited 390 timesPublished
  • MacIel v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 30, 2018

    ” and the immune system “attack[s] components of the nervous system.” … Petitioner seemed healthy at the time of vaccination, but clearly was not thereafter. Id. at 66-67. Despite “resolving,” however, Dr.

    Cited 0 timesPublished
  • Peoples v. United States

    87 Fed. Cl. 553 · United States Court of Federal Claims · Jun 29, 2009

    He is not physically qualified for (NPQ) for service in the Naval Reserve. … Indeed, Navy regulations clearly provide for such a situation. See SECNAVINST 1850.4D, §§ 8001-8016.

    Cited 90 timesPublished
  • Walther v. United States

    54 Fed. Cl. 74 · United States Court of Federal Claims · Sep 12, 2002

    DISCUSSION The Court of Federal Claims has jurisdiction to determine claims seeking refund of taxes paid, insofar as Congress has waived sovereign immunity in tax refund matters, pursuant to 28 U.S.C. § 1491 (a). … To qualify for this exception, plaintiff must satisfy all three elements set out in former Rule 3(b)(2)(C). See Carter v. United States, 15 Cl.Ct. 753, 754 (1988).

    Cited 5 timesPublished
  • Loeh v. United States

    53 Fed. Cl. 2 · United States Court of Federal Claims · Jun 28, 2002

    on active duty until he is qualified for retirement and then retired, unless he is sooner retired or discharged under another provision of law. … This mandate, however, is qualified by 10 U.S.C. § 639 , which provides that the Secretary may delay retirement pending completion of a court-martial. .

    Cited 9 timesPublished
  • Lehner v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 16, 2015

    He clearly disagreed with Dr. … Vincent is clearly qualified to opine regarding C.L.’s VGKC antibodies, she essentially conceded that only VGKC complex antibodies against the specific proteins LGl1, CASPR2, and Contactin-2 are biomarkers or causal of disease

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

    United States Court of Federal Claims · Mar 13, 2026

    He had failed multiple treatments and clearly fit the category of NDPH. … The lab had apparently considered that the TNFα norms for CSF could be established by establishing it from the same serum samples. Dr. Saxon contended that Dr.

    Cited 0 timesUnpublished
  • Urs Energy & Construction, Inc. v. United States

    United States Court of Federal Claims · Apr 14, 2016

    Only the last of those four elements is clearly present in the certification letter provided by MK on October 22, 2010. … The Transamerica holding permits the prime contractor to express qualified support for a pass-through claim.

    Cited 0 timesPublished
  • Ffl Pro LLC v. United States

    124 Fed. Cl. 536 · United States Court of Federal Claims · Dec 18, 2015

    The program manager and instructors are well qualified. … Rather, offerors were only required to “[d]emonstrate accessibility to qualified facilitators.”

    Cited 9 timesPublished

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