Case law

Hong-Yee Chiu v. United States

18 Cl. Ct. 567 · United States Court of Claims · Nov 8, 1989

It then establishes a cap which potentially can limit the fee award to an amount below those prevailing market rates: “, except that ... … that occurred subsequent to performance of the attorney work when establishing a COLA.

Doe/17 v. Secretary of Health & Human Services

84 Fed. Cl. 691 · United States Court of Federal Claims · Dec 16, 2008

The first dispute is whether Jane Doe/17 suffered from an immune deficiency before getting the varicella vaccinations. The particular immune deficiency alleged by petitioner is Common Variable Immunodeficiency (CVID). … This emailed comment does not qualify as expert opinion, medical record of a diagnosis, or scientific literature.

Eagle-Picher Industries, Inc. v. United States

11 Cl. Ct. 452 · United States Court of Claims · Jan 12, 1987

The Nowinski affidavit establishes beyond cavil that Mr. … Defendant has not argued on brief the qualified privilege for official information.

Biagioli v. United States

2 Cl. Ct. 304 · United States Court of Claims · Apr 18, 1983

Plaintiff, moreover, does not dispute defendant’s assertion that his veteran’s preference fails to augment his creditable service or qualify him for permanent status. … Bergland, 607 F.2d 1090, 1092 (5th Cir.1979) (probationary employee who brought suit based on violation of first and fifth amendment rights denied relief as to liberty claims, because the lower court’s conclusion was not clearly

Perfectus Aluminum, Inc. v. United States

391 F. Supp. 3d 1341 · United States Court of International Trade · Jul 1, 2019

Cir. 2005) (“Courts are not free to infer waivers of sovereign immunity.”) (citing Library of Cong. v. Shaw, 478 U.S. 310, 318 (1986)). … Where a waiver of sovereign immunity is at issue, the language of the statute must be strictly construed, and any ambiguities resolved in favor of immunity.

Walters v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 1, 2023

If a petitioner establishes that she has suffered a “Table Injury,” causation is presumed. … Additionally, although highly qualified to opine on certain aspects of this case, the fact that Dr.

Kessler v. Commissioner

87 T.C. 1285 · United States Tax Court · Dec 8, 1986

More to the point, since their expenses were not contributions or gifts to an organized entity, these expenses clearly do not qualify under the statute as written. Stark v. … We assume that petitioners refer to the “privileges and immunities” clause.

Short v. United States

37 Fed. Cl. 132 · United States Court of Federal Claims · Dec 17, 1996

In the Distribution Order that established the Short Judgment Account, dated December 21, 1995, this Court made clear that “[t]he principal amount held in the ‘Short Judgment Account’ shall retain its character as federal … Thus, the custodia legis doctrine is clearly applicable in the present case.

Holloway v. United States

60 Fed. Cl. 254 · United States Court of Federal Claims · Apr 6, 2004

The relief here sought clearly falls within the ambit of the Tucker Act. See Holley v. … Id, There is no question that plaintiff’s request for an en banc rehearing with the Ninth Circuit qualifies as “pending” under § 1500. See Gargoyles, Inc. v.

Rodd v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 11, 2015

Legal Standards to Establish Entitlement to Compensation The Vaccine Act established the Program to compensate vaccine-related injuries and deaths. § 300aa-10(a). … Rodd clearly described significantly different symptoms occurring in late October or early November and thereafter from those that occurred in the initial days after the flu shot.

Clifford A. Abrahamsen & Sole K. Abrahamsen v. Commissioner

142 T.C. No. 22 · 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.”

Ashe-Cline v. Secretary of Department of Health & Human Services

30 Fed. Cl. 40 · United States Court of Federal Claims · Oct 29, 1993

Similarly, it is well established that statutes permitting the award of attorneys’ fees and costs against the government are waivers of sovereign immunity that must be construed strictly in the government’s favor. … Obviously, it makes far more sense to eliminate any ambiguity in § 15(e)(1) by reading compensation therein to include the qualifier “on the merits” once, than to read that qualifier into the definitions of compensation in

Lunday-Thagard Co. v. United States Department of the Interior

773 F.2d 322 · Temporary Emergency Court of Appeals · Jul 16, 1985

During that period applicable EPAA regulations established the well-known two-tier price structure for the sale of domestic crude oil. 10 C.F.R. Part 212, Subpart D. … Merrill, 332 U.S. 380 , 68 S.Ct. 1 , 92 L.Ed. 10 (1947), clearly points out that there is no distinction between the regulatory and private functions of the government.

Green v. United States

42 Fed. Cl. 18 · United States Court of Federal Claims · Sep 29, 1998

Sovereign immunity is waived in a tax refund case when the claim is “duly filed” with the IRS. 26 U.S.C. § 7422 (a) (1982); 10 United States v. … Great Global qualified as a life insurance company for tax year 1983, but did not so qualify for tax years 1984 and 1985.

Health Republic Insurance Company v. United States

129 Fed. Cl. 757 · United States Court of Federal Claims · Jan 10, 2017

In conjunction with these three reforms, the Affordable Care Act required the establishment of an American Health Benefit Exchange (“exchange”) in each state by January 1, 2014, to facilitate the purchase of “qualified health … “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). The waiver of immunity “cannot be implied but must be unequivocally expressed.”

Hoopa Valley Tribe v. United States

596 F.2d 435 · United States Court of Claims · Mar 21, 1979

L. 94-574 and the Tucker Act establishes a dichotomy not unlike that in the courts of equity and law in olden days. … News 6121, 6122-26, 6131-36; Davis, Sovereign Immunity Must Go, 22 Ad. L. Rev. 383, 403-05 (1970); Jacoby, Roads to the Demise of the Doctrine of Sovereign Immunity, 29 Ad. Law Rev. 265, 270-71 *512 (1977).

Rooks v. Secretary of Department of Health & Human Services

35 Fed. Cl. 1 · United States Court of Federal Claims · Jan 29, 1996

Within the context of the Act’s purpose, the language of clause (c)(1)(A) does not itself clearly settle the issue. … The Program was established to award “vaccine-injured persons quickly, easily, and with certainty and generosity.” H.R.Rep.

Carroll v. Comm'r

146 T.C. 196 · United States Tax Court · Apr 27, 2016

the approval of the state’s highest officials, acceptance of a gift by the Trust tends to establish the requisite clearly delineated governmental policy. … However, if the Trust merely accepts such gifts without a review process, the requisite clearly delineated governmental policy is not established.

International Management Services, Inc. v. United States

80 Fed. Cl. 1 · United States Court of Federal Claims · Dec 21, 2007

This is not true in the instant case, where Torres remains a qualified bidder in the competitive range. … Plaintiff clearly filed its protest within five business days of discovering the identity of the awar-dee.

Gargoyles, Inc. v. United States

45 Fed. Cl. 139 · United States Court of Federal Claims · Oct 15, 1999

Defendant contends that “pending” in the above context “clearly refers to ‘pending a final, appealable judgment.’ ” The language does not “clearly” refer to final judgment by the trial court, but instead, like the second … Clearly, some of the defenses defendant raised were not as strong as others; indeed, the Court rejected several.