Case law

Jennette v. United States

77 Fed. Cl. 132 · United States Court of Federal Claims · Jun 19, 2007

. § 1915(a), and is found to qualify for informa pauperis status.”). … A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” King, 395 U.S. at 4 , 89 S.Ct. 1501 .

David L. Henderson v. James B. Peake

22 Vet. App. 217 · United States Court of Appeals for Veterans Claims · Jul 24, 2008

After considering and distinguishing several situations that do not qualify as jurisdictional time limits, 1 the Supreme Court held *219 unequivocally: “Today we make clear that the timely filing of a notice of appeal in … However, Bowles establishes that the premise upon which the Federal Circuit in Bailey and its progeny applied Irwin to the time period established in section 7266(a) can no longer stand.

Jaafar v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 21, 2018

Byers never clearly identified any medical literature that supported the idea that innate immune system memory, versus the standard innate immune system, would have a response time less than four hours. … Byers did not establish that this more robust response was a quicker response. Thus, the undersigned finds that Ms. Jaafar has failed to establish the Althen timing prong.

Jones v. Brown

6 Vet. App. 101 · United States Court of Appeals for Veterans Claims · Dec 28, 1993

As a waiver of sovereign immunity, the Act’s *105 terms must affirmatively establish liability, not merely fail to preclude it. The D.C. … But in Nordic Village, the Supreme Court held that, although the statute had waived sovereign immunity, it had failed to unambiguously establish and unequivocally express that the waiver extended to monetary recovery in bankruptcy

McGowan v. Secretary of Department of Health & Human Services

31 Fed. Cl. 734 · United States Court of Federal Claims · Aug 4, 1994

. § 300aa-ll(c)(l)(B)(i)(III) (1988), to establish jurisdiction under the Vaccine Act in respect of an injured person who has returned to the United States no later than six months after vaccination. … In keeping with the doctrine of limited waiver of sovereign immunity, the court cannot embellish the six-month requirement.

Ramsay v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 8, 2016

McCabe … is qualified to address such an issue.” See Order, filed March 30, 2012, at 1. … To establish entitlement to compensation under the Program, a petitioner is required to establish each of the three prongs of Althen by a preponderance of the evidence. See id.

Nelson Construction Co. v. United States

79 Fed. Cl. 81 · United States Court of Federal Claims · Oct 29, 2007

Cir.1997) (stating that the intended benefieia-ry need not be specifically identified but must be in a class clearly intended to be benefitted). … In addition, the court must distinguish between incidental and indirect beneficiaries and direct beneficiaries because only direct beneficiaries qualify for third-party beneficiary status. Schuerman v.

Burris v. Principi

15 Vet. App. 348 · United States Court of Appeals for Veterans Claims · Dec 17, 2001

Burris’ DIC claim in January 1996 and, in March 1996, issued an SOC that again found insufficient evidence to establish service connection for the veteran’s cause of death. R. at 133-35, 143-46. Mrs. … Therefore, the Court holds that the Board’s finding with respect to this issue is not clearly erroneous. See Lovelace and Gilbert , both supra.

Agricultural Sec. Corp. v. Commissioner

39 B.T.A. 1103 · United States Board of Tax Appeals · May 25, 1939

S. 312 ; that the restriction unless otherwise provided 18 upon the power of administrative officers to construe the law is well known and well established, Old Farmers Oil Co., 12 B. T. … New York, supra: “* * * if it appears that there is no ground for implying a constitutional immunity, there is equally a want of any ground for assuming any purpose on the part of Congress to create an immunity.”

Application of William True Davis, Jr., and Fred M. Murdock

305 F.2d 501 · Court of Customs and Patent Appeals · Jul 18, 1962

contention is clearly found in the art. … Under such circum *505 stances we do not think appellants have established that synergism is present. Having found none of the errors alleged, the decision is affirmed. Affirmed.

Althen v. Secretary of Department of Health & Human Services

58 Fed. Cl. 270 · United States Court of Federal Claims · Sep 30, 2003

However, this is not definitive and one cannot clearly evaluate the possibility of edema.” (P.Ex. 18 at 109). … Rev. 394 , 396 (Spring 1986) (observing "even [special] masters with clearly limited mandates seem pressured or tempted to gravitate into larger spheres.

Rodoni v. Commissioner

105 T.C. 29 · United States Tax Court · Jul 24, 1995

For example, each plan must establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. Sec. 414(p)(6)(B). … Furthermore, , the judgment fails to qualify as a QDRO, because it fails to clearly specify certain facts as required by section 414(p)(2).

Mora v. United States

59 Fed. Cl. 234 · United States Court of Federal Claims · Dec 23, 2003

Mora, the plaintiff in that case could not establish his burden that the government had waived its sovereign immunity under the Act. … Therefore, plaintiff has not met his burden of establishing a waiver of the government’s sovereign immunity.

Cape Fox Corp. v. United States

4 Cl. Ct. 223 · United States Court of Claims · Dec 27, 1983

On April 24, 1974, the Forest Service informed ATC that the contract expired on December 31, 1974, and that it might not qualify for an extension. … ANCSA establishes a procedure for selection and conveyance of lands to the regional and village corporations.

Stinson, Lyons & Bustamante, P.A. v. United States

33 Fed. Cl. 474 · United States Court of Federal Claims · May 8, 1995

It is well established, therefore, that such a substantive right to a payment of money from the government must be made with specificity and arise from either (1) an express or implied contract with the United States, (2) … Accordingly, the district court’s conclusion that Stinson does not qualify as an “original source” was clearly necessary for, rather than incidental to, the court’s judgment.

Deakins v. United States

3 Cl. Ct. 97 · United States Court of Claims · May 20, 1983

The court agreed that the government was immune from suit. … This provision clearly anticipates that there will be occasions when local standards will be stricter than the MPS and defers to those standards.

National Medical Enterprises, Inc. v. United States

28 Fed. Cl. 540 · United States Court of Federal Claims · Jun 9, 1993

As a public not-for-profit entity, the Authority qualified as an eligible entity under the Hill-Burton Act for financial assistance. … In applying this statutory provision, the Court of Claims established the standard of whether transfer of a case to a district court would further the “interest of justice.” Moss v.

Testimonial Immunity Before Congress of the Former Counsel to the President

Department of Justice Office of Legal Counsel · May 20, 2019

The Counsel to the President clearly qualifies as a senior adviser entitled to testimonial immunity. … Plainly, the Counsel to the President qualifies as an immediate adviser to the President.

Immunity of the Director of the Office of Political Strategy and Outreach from Congressional Subpoena

Department of Justice Office of Legal Counsel · Jul 15, 2014

These instances of voluntary testimony do not undermine the Executive Branch’s long-established position on absolute immunity. … that immunity were qualified rather than absolute.

Snyder v. Secretary of Health & Human Services

102 Fed. Cl. 305 · United States Court of Federal Claims · Nov 28, 2011

Raymond, who the Special Master considered to be “the most qualified expert to express an opinion.” Id. at *14. … Wiznitzer was not better qualified to interpret the NCES study than Dr. Kinsbourne. Id.