Case law

Insurance Exchange Surplus

37 Pa. D. & C. 63 · Pennsylvania Department of Justice · Jan 6, 1940

Article I, sec. 17, of the Constitution of Pennsylvania provides: “No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be passed … That is, an insurance policy is a contract between the insurer and the assured and the rights and liabilities thereunder are established for the term thereof.

Frankel v. Derwinski

1 Vet. App. 23 · United States Court of Appeals for Veterans Claims · Aug 17, 1990

Board of Veterans’ Appeals, or the Chairman of the Board found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege or immunity … If, upon consideration of the record, the Court cannot say the factual findings of the BVA are “clearly erroneous,” see 38 U.S.C.A. § 4061 (a)(4); Anderson v.

Cozart v. Hhs

United States Court of Federal Claims · Nov 5, 2015

Although there was a recent immunization, a connection to the death could not be established.” Id. The Cozarts filed their petition on October 2, 2000. They filed an expert report from Dr. … McCusker testified, there are important similarities and differences between an immune response to an infection and an immune response to a vaccination. Tr. 138.

Weiler v. Commissioner

54 T.C. 398 · United States Tax Court · Mar 3, 1970

The regulations establish an objective standard for determining whether an expense for education is deductible. … Furthermore, we think petitioner’s situation clearly falls within that area of expenses which “constitute an inseparable aggregate of personal and capital expenditures and, therefore, are not deductible as ordinary and necessary

Clifford H. Cox v. Robert A. McDonald

28 Vet. App. 318 · United States Court of Appeals for Veterans Claims · Nov 7, 2016

Cir. 2014), together with "the plain language of § 1117 makes clear that pain alone, such as muscle pain or joint pain [experienced by the appellant], may establish an undiagnosed illness that causes a qualifying chronic … military operations, oil well fires, diesel exhaust, paints, pesticides, depleted uranium, infectious agents, investigational drugs and vaccines, and indigenous diseases, and were also given multiple immunizations

All Florida Network Corp. v. United States

82 Fed. Cl. 468 · United States Court of Federal Claims · Jun 26, 2008

The Social Security Act requires that the Secretary of HHS “establish and implement programs under which competitive acquisition areas are established through the United States for contract award purposes for the furnishing … “Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Id.

Hoskins v. United States

40 Fed. Cl. 259 · United States Court of Federal Claims · Jan 27, 1998

The Department of the Army established the Qualitative Management Program as a means of improving the enlisted career force. … The individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Testan, 424 U.S. at 398 , 96 S.Ct. at 953 .

Hartford Fire Insurance Co. v. United States

254 F. Supp. 3d 1333 · United States Court of International Trade · Aug 10, 2017

These facts establish Hartford’s consent to the act that would, allegedly, otherwise serve as the basis of the discharge. … For the foregoing reasons, Hartford has not established that Customs impaired its suretyship rights. Consol.

Summar v. Secretary of the Department of Health & Human Services

24 Cl. Ct. 440 · United States Court of Claims · Oct 31, 1991

Thoman, pertaining to the onset of the encephalopathy within the three-day period after the third immunization. … Bodinsteiner [sic], a well-qualified pediatric neurologist, to be much more persuasive on this issue.”

Corporate Air v. United States

26 Cl. Ct. 204 · United States Court of Claims · May 12, 1992

Statutory waivers of sovereign immunity must be unequivocally expressed and are to be strictly construed in favor of the government. See Office of Personnel Management v. … This reading is supported by § 609(a)(3), which establishes the statute of limitations as “twelve months from the date of the receipt by the contractor of the decision of the contracting officer concerning the claim.”

Martin v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 14, 2019

Cir. 1997) (holding that once it has been established that Congress has waived immunity, the courts should not assume the authority to limit the waiver that Congress has established); Jones v. … Martin’s establishment of the guardianship clearly meets that statutory requirement, the undersigned finds that, necessarily, the costs associated with maintaining the guardianship are similarly “on the petition.”

Beuttell v. United States

7 Ct. Cust. 356 · Court of Customs and Patent Appeals · Dec 21, 1916

The imposition of a different duty on rugs of a particular kind is an exception to the general rule established by the statute. … The point is clearly established and undisputed in the record.

Oakland Steel Corp. v. United States

40 Cont. Cas. Fed. 76,801 · United States Court of Federal Claims · Jun 30, 1995

When subject matter jurisdiction is questioned, the non-moving party bears the burden of establishing the court’s jurisdiction. Reynolds, 846 F.2d at 748 . … The Tucker Act does not in and of itself create a substantive right to recover money but instead waives the United States sovereign immunity under specific conditions. United States v.

ARTHUR

20 I. & N. Dec. 475 · Board of Immigration Appeals · Jul 1, 2002

In order to qualify for adjustment of status under section 245 of the Act, an alien must apply for adjustment, establish that he is eligible to receive an immigrant visa and is admissible to the United States for permanent … No. 101-649, 104 Stat. 4978 ("1990 Act"), to exempt Qualifying aliens from the 2-year foreign residence requirement and the bar to adjustment of status imposed by the 1986 Amendments.

Baird v. United States

5 Cl. Ct. 324 · United States Court of Claims · May 14, 1984

Several well-established principles are important to this decision. … Similarly, the governmental action in the present case is clearly distinct from that contemplated by the Reclamation Act.

Crutchfield v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 28, 2014

That evaluation included laboratory blood tests, which revealed her lack of immunity to measles (Ex. 2, p. 9), an “equivocal” immune response to mumps, and a response to rubella indicating immunity. (Ex. 2, p. 6.) … A repeat blood test on January 6, 2006, produced an “equivocal” result for measles, a “non-immune” result for mumps, and a result for rubella again indicating immunity. (Ex. 2, p. 11.)

Dobrydneva v. Secretary of Health & Human Services

94 Fed. Cl. 134 · United States Court of Federal Claims · Aug 17, 2010

Oleske has been actively participating in a *141 Center for Disease Control study group, responsible for establishing criteria to standardize diagnostic criteria for adverse reactions to immunizations. Id. … Evaluation of [Ilya’s] immune system post HBV immunization demonstrated abnormal immune responses that would be characterized as common variable immune deficiency (CVID).

Schrader v. United States

75 Fed. Cl. 242 · United States Court of Federal Claims · Jan 22, 2007

Finally, she was excluded from a Voice of America detail because of her gender, although she was qualified for participation. … “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

Sprague Electric Co. v. United States

462 F. Supp. 966 · United States Customs Court · Dec 27, 1978

Use of the draft opinions and “pros and cons” statements for that purpose “would clearly violate the established rule * * * forbidding investigation into the processes by which decisions and policies are formulated”. … An agency should be given the opportunity, by means of detailed affidavits or oral testimony, to establish to the satisfaction of the District Court that the documents sought fall clearly beyond the range of material that

Cox v. Principi

15 Vet. App. 280 · United States Court of Appeals for Veterans Claims · Nov 14, 2001

Gen. 102, 106 (1922) (establishing that, where Veterans' Bureau made erroneous payment to person not entitled thereto and where another person is clearly entitled to that payment, it is "duty" of Director of Veterans' Bureau … Rather, both opinions cite Ruckelshaus for the general proposition that the United States is not liable for a payment absent a specific waiver of sovereign immunity.