Case law

Heinzelman v. Secretary of Health & Human Services

98 Fed. Cl. 808 · United States Court of Federal Claims · Jun 24, 2011

Lastly, Respondent argues that since the Vaccine Act is a waiver of sovereign immunity and “loss of earnings” and “Federal ... health benefits program” are both ambiguous terms, then principles of sovereign immunity require … Respondent also argues that waivers of sovereign immunity, like the Vaccine Act, must be narrowly construed and that courts "must resolve textual ambiguity in a statutory waiver in favor of immunity." Zoltek Corp. v.

North Hartland, L.L.C. v. United States

78 Fed. Cl. 172 · United States Court of Federal Claims · Aug 27, 2007

“It long has been established, of course, that the United States, as sovereign, ‘is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define that court’s jurisdiction … Plaintiff argues that because defendant’s motion does not “qualify] as a true motion challenging jurisdiction, [it] cannot go beyond the facts pleaded in the Complaint.” Id. at 2.

Cohen v. United States

98 Fed. Cl. 156 · United States Court of Federal Claims · Apr 14, 2011

U.S.C. § 501 (b) [ (2006) ], he fails to qualify as a ‘copyright owner’ under 28 U.S.C. § 1498 (b).” … Cohen qualified as a beneficial owner under 17 U.S.C. § 501 (b).” Def.’s Mot. 6. Defendant admits that “Dr.

Whitney v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 28, 2015

Whitney “clearly feels very strongly at this point against resuming them now, though she did seem to leave the door open for his receiving his immunizations at some point in the future.”9 Id. at 325-26. … See 42 U.S.C. § 300aa– 13(a)(1). 16 qualified doctor who disagreed with the proposition that the vaccinations caused S.W.’s transverse myelitis.

Brooks v. United States

70 Fed. Cl. 479 · United States Court of Federal Claims · Feb 28, 2006

To be eligible for retired pay for non-regular service, a member must complete a *482 minimum of 20 years of qualifying service and serve the last eight years of qualifying service ... as a member of a Reserve component. … Having been advised by the ABCMR that only a special act of Congress could establish his eligibility to receive retired pay, plaintiff wrote Senator Barbara Boxer in March 2000.

Hartford Fire Insurance v. United States

857 F. Supp. 2d 1356 · United States Court of International Trade · Aug 13, 2012

of sovereign immunity. … read to waive sovereign immunity in this case.

Kelley v. Secretary of Health & Human Services

68 Fed. Cl. 84 · United States Court of Federal Claims · Aug 31, 2005

Tomatore’s credentials, see, e.g., id. at *7 & n. 14 (observing that petitioner’s expert, a board-certified neurologist and Georgetown University Medical Center professor, “is clearly well qualified”); id. at *14 n. 26 (noting … While he is clearly well qualified, his testimony strayed from accepted medical princip[le]s into speculative, argumentative, and unsupported statements. The undersigned suspects that Dr.

Moore v. United States

93 Fed. Cl. 411 · United States Court of Federal Claims · Jul 16, 2010

The United States Supreme Court has found that “a court may dismiss a claim as factually frivolous only if the facts alleged are ‘clearly baseless’... a category encompassing allegations that are ‘fanciful’ ... … claims against the sovereign, limited only by the legislative decision to waive sovereign immunity as to the types of claims allowed.

Ivaldy v. United States

123 Fed. Cl. 633 · United States Court of Federal Claims · Oct 22, 2015

S.D.N.Y. 2004), and remanding for the bankruptcy court to appoint a qualified independent examiner). 4 See generally In re Loral Space & Commc'ns, Ltd., 342 B.R. 132 (S.D.N.Y. 2006) (dismissing LSPC's appeal of the Bankruptcy … Ivaldy's claims based on the Fifth Amendment's Due Process Clause and Article IV's Privileges and Immunities Clause, and Mr.

Radioshack Corp. v. United States

105 Fed. Cl. 617 · United States Court of Federal Claims · Jun 29, 2012

has previously filed a qualifying administrative refund claim” with the IRS). … However, a class representative’s filing of a class action complaint in federal court clearly does not satisfy the jurisdictional administrative exhaustion requirements for all putative class members.

Abrahamsen v. Comm'r

142 T.C. 405 · United States Tax Court · Jun 9, 2014

To qualify for this exemption, the individual must not be a U.S. citizen; the services performed must be similar to services performed by U.S. … Rather, they simply describe her duties and conclude that her “position with the Mission is clearly diplomatic in nature.”

Schuhl v. United States

3 Cl. Ct. 207 · United States Court of Claims · Aug 16, 1983

United States, 198 Ct.Cl. 48, 64 , 457 F.2d 978, 986-87 (1972), in which a governmental agent erroneously advised and misled a military officer to believe that he qualified for retirement benefits and said representation … Subpara-graphs f and g are captioned “Shortage-category appointees and student trainees” and “Overseas assignment and return” respectively, and are clearly inapplicable to plaintiff. .

HAZLEHURST v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Jul 16, 2025

It claimed that the vaccines damaged Michelle’s immune system, and “due to her immune deficiency, she was unable to clear from her body the measles virus contained in the MMR vaccine.” Cedillo, 617 F.3d at 1335. … Kinsbourne testified that an immune response triggered by the measles component of the MMR vaccine could lead to an increase of pro-inflammatory immune cells in the brain. Id. at *65–67.

Designation of Interpol as a Public International Organization Under the International Organizations Immunities Act

Department of Justice Office of Legal Counsel · Jan 12, 1983

Designation of Interpol as a Public International Organization Under the International Organizations Immunities Act The International Criminal Police Organization, INTERPOL, qualifies for designation … Analysis The threshold issue is whether INTERPOL qualifies for designation by the President under the IOIA.

Anderson v. United States

5 Cl. Ct. 573 · United States Court of Claims · Jun 6, 1984

If a claim falls within this category, the existence of a waiver of sovereign immunity is clear. … to waivers of sovereign immunity.

Fla. Country Clubs, Inc. v. Comm'r

122 T.C. 73 · United States Tax Court · Feb 3, 2004

Sec. 7430(c)(4)(A). 6 A taxpayer will not qualify as a prevailing party, however, if the Government establishes that “the position of the United States” was substantially justified. See sec. 7430(c)(4)(B). … This Court is “not at liberty to supply by construction what Congress has clearly shown its intention to omit.” Carey v. Donohue, 240 U.S. 430, 437 (1916); see also INS v.

Matthew Walter Stephan v. United States

111 Fed. Cl. 676 · United States Court of Federal Claims · Jul 17, 2013

sovereign immunity, nor need they be construed in the manner appropriate to waivers of sovereign immunity.” … Instead, it emphasizes that an employee must meet the criteria contained in the DSSR (and any that may be added by the DoD) before qualifying for an LQA.

Grosdidier v. United States

77 Fed. Cl. 106 · United States Court of Federal Claims · Jun 7, 2007

Congressional consent to suit in the Court of Federal Claims, which thereby waives sovereign immunity, must be explicit and strictly construed. United States v. … The BBG is an independent establishment within the executive branch. 22 U.S.C. § 6203 (2000), 5 U.S.C. § 104 (2000).

Agnew v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 21, 2016

The Vaccine Act established a federal “compensation program” under which awards are to be “made to vaccine-injured persons quickly, easily, and with certainty and generosity.” … McGeady qualified his answer by stating he did not accept Dr. Bellanti’s theory of causation. Dr. McGeady’s caveat does not vitiate his admission that, were he to accept Dr.

Minnesota Chippewa Tribe

650 F.2d 285 · United States Court of Claims · Jan 11, 1980

from interest charge unless its sovereign immunity has been expressly waived by statute or contract. … ; demonstrates that the immunity discussed in the Delaware case does not obtain to tribal clients.