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  • 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.

    Cited 1 timesPublished
  • Smith & Son Manufacturing Co. v. United States

    15 Ct. Cust. 277 · Court of Customs and Patent Appeals · Nov 14, 1927

    It also held that the fact that this vaccine was a biological substance could make no difference, because it was a medicinal substance and therefore clearly within paragraph 23. … It is also true that an equally important purpose is to prevent disease by rendering the patient immune from its attack.

    Cited 6 timesPublished
  • 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.

    Cited 8 timesPublished
  • 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.

    Cited 0 timesPublished
  • Fullard v. United States

    78 Fed. Cl. 294 · United States Court of Federal Claims · Aug 31, 2007

    The Sherman Act and the Civil Rights Act Plaintiffs Complaint does not indicate clearly his theory for relief against defendant. … Plaintiff qualifies as a prisoner under Section 1915A. 13 Plaintiffs Complaint meets both grounds for dismissal under Section 1915A. First, plaintiffs Complaint is frivolous.

    Cited 41 timesPublished
  • 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.

    Reversed by Snyder v. Secretary of Health & Human Services, 553 F. App'x 994 (2014)Cited 13 timesPublished
  • International Electronics Corp. v. United States

    646 F.2d 496 · United States Court of Claims · Apr 8, 1981

    Clearly, however, the *229 liquidated damages clause in the IEC contract cannot reasonably be construed as a penalty. … Also, the evidence clearly established that the calibration technician qualifications had been stiffened in the IEC contract so as to eliminate loopholes that had allowed prior contractors to hire personnel of dubious ability

    Cited 20 timesPublished
  • Mountain Gateway Order, Inc. v. Virginia Community College System

    Trademark Trial and Appeal Board · Jun 6, 2024

    Scripps Networks Inc., 90 USPQ2d 1020, 1022 (TTAB 2009) (entitlement established by introducing evidence of common-law use of petitioner’s mark). C. … labeled and numbered – use separator pages between exhibits and clearly label each exhibit using sequential letters or numbers; and 5) the entire submission should be text-searchable.

    Cited 0 timesPublished
  • Immunity of the Assistant to the President and Director of the Office of Political Strategy and Outreach From Congressional Subpoena

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

    that immunity were qualified rather than absolute. … Simas’s immunity from congressional compulsion to testify, assuming that immunity were qualified rather than absolute.4 4 Even if it were appropriate to apply the Sealed Case standard for overcoming qualified

    Cited 0 timesPublished
  • Chapman v. Commissioner

    9 T.C. 619 · United States Tax Court · Oct 9, 1947

    The seat of the League was established at Geneva, Switzerland, and the permanent Secretariat was established there. … His first contention is that the definition of gross income contained in section 22 (a) does not clearly include the amounts received by him from the League.

    Cited 17 timesPublished
  • Rotoli v. Secretary of Health & Human Services

    89 Fed. Cl. 71 · United States Court of Federal Claims · Sep 2, 2009

    Bellanti was a highly qualified expert witness whose extensive credentials are not in dispute. At the time of the hearings in this ease, Dr. … highly qualified expert such as Dr.

    Reversed by Porter v. Secretary of Health and Human Services, 663 F.3d 1242 (2011)Cited 25 timesPublished
  • The Equal Employment Opportunity Commission's Use of the Collateral Source Rule in Federal Sector Discrimination Cases

    Department of Justice Office of Legal Counsel · Aug 12, 2024

    Nor does it impose any caps on recoveries for past pecuniary costs, which clearly encompass healthcare costs. … immunity based on inferences from legislative history in the face of clear statutory direction waiving that immunity.”

    Cited 0 timesPublished
  • Loving v. Secretary of the Department of Health & Human Services

    86 Fed. Cl. 135 · United States Court of Federal Claims · Mar 4, 2009

    In his view, both were qualified and credible witnesses. As the special master observed, “[b]oth parties’ presentations were strong.” Id. at * 10 . … Shuman explained, all DTaP vaccines “clearly state that seizure[s] are a contraindication.”

    Cited 225 timesPublished
  • Keith and Beverly Langland, on Behalf of Their Daughter, M.L.] v. Secretary of Helath and Human Services

    109 Fed. Cl. 421 · United States Court of Federal Claims · Feb 26, 2013

    Frick qualified to testify; and that when respondent’s counsel chose to forego voir dire of Dr. Frick, the government waived all objections based on Dr. Frick’s competence --- including those based on Daubert. … See Tr. at 31-32. 16 Another record, quoted but not highlighted by petitioners, see Pet’rs’ Mot. at 3, is clearly of the same ilk. See Pet’rs’ Ex. 4 at 16-17 (record from Dr.

    Cited 139 timesPublished
  • Mountain Gateway Order, Inc. v. Virginia Community College System

    Trademark Trial and Appeal Board · Jun 6, 2024

    Scripps Networks Inc., 90 USPQ2d 1020, 1022 (TTAB 2009) (entitlement established by introducing evidence of common-law use of petitioner’s mark). C. … labeled and numbered – use separator pages between exhibits and clearly label each exhibit using sequential letters or numbers; and 5) the entire submission should be text-searchable.

    Cited 0 timesPublished
  • New York and Presbyterian Hospital v. United States

    128 Fed. Cl. 363 · United States Court of Federal Claims · Sep 19, 2016

    According to the government, section 3102(b) is an immunity provision. … provision and not money-mandating, the statute must be interpreted in a manner that does not waive sovereign immunity because waivers of sovereign immunity must be strictly construed.

    Reversed by New York & Presbyterian Hospital v. United States, 881 F.3d 877 (2018)Cited 3 timesPublished
  • Agarwal v. Secretary of Health & Human Services

    33 Fed. Cl. 482 · United States Court of Federal Claims · May 9, 1995

    Another, written immediately below the notation of the fourth immunization, states “child had another convulsion.” (Id.) … Finally — and the key question in most cases under the Program — the petitioner must also establish a link, either temporal or causal, between the vaccination and the injury.

    Cited 0 timesPublished
  • Wheeler Bros., Inc.

    650 F.2d 291 · United States Court of Claims · Dec 19, 1980

    It is fundamental that the "Court of Claims jurisdiction to grant relief depends wholly upon the extent to which the United States has waived its sovereign immunity to suit and that such waiver cannot be implied but must … We read the second sentence of the quoted ASPR section as qualifying the first sentence and creating an exception.

    Cited 1 timesPublished
  • Shaw v. United States

    131 Fed. Cl. 181 · United States Court of Federal Claims · Mar 31, 2017

    “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). A waiver of immunity “cannot be implied but must be unequivocally expressed.” … By comparison, avers the United States, any obligation it assumes is clearly articulated. Id. at 3.

    Cited 4 timesPublished
  • Giorgio Foods, Inc. v. United States

    804 F. Supp. 2d 1315 · United States Court of International Trade · Nov 17, 2011

    II BACKGROUND In order to qualify for distributions under the CDSOA,1 an entity must qualify as an “affected domestic producer.” 19 U.S.C. § 1675c(a) (2000) (repealed … Cir. 2008) (“Given that the United States, and the agencies thereof, are cloaked in sovereign immunity, a party may only sue the United States for monetary damages when Congress has affirmatively waived the government’s immunity

    Cited 4 timesPublished

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