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57 Fed. Cl. 376 · United States Court of Federal Claims · Aug 19, 2003
The regulations that set forth the standards for qualifying as an LEO are found at 5 C.F.R. §§ 831.903-831.911 (2000) and identify two methods for claiming LEO credit: (1) by agency determination that a position qualifies … the award of interest separate from a general waiver of immunity to suit, the United States is immune from an interest award.
Cited 16 timesPublished34 B.T.A. 594 · United States Board of Tax Appeals · May 19, 1936
On April 11, 1931, the present executors qualified and were appointed, and on April 6, 1932, they filed with the collector of internal revenue for the eighteenth district of Ohio the required Federal estate tax return. … Objection was also made to the assessment on the ground that it covered years that were clearly outlawed. These objections were sustained and the assessment was canceled.
Cited 9 timesPublishedR&R Conner Aviation, L.L.C. v. United States
United States Court of Federal Claims · Dec 9, 2024
It also is necessary to establish a waiver of sovereign immunity, without which no claim against the United States may proceed, because “[t]he government consents to be sued only by those with whom it has privity of contract … Thus, the contract’s contemplation that NFF would employ subcontractors like R&R Conner is insufficient to establish that R&R Conner “fall[s] within a class clearly intended to be benefited” by the contract.
Cited 0 timesPublished25 Cl. Ct. 722 · United States Court of Claims · Apr 13, 1992
they clearly established such “fiduciary obligations of the Government in the management and operation of Indian land and resources, they can fairly be interpreted as mandating compensation by the Federal Government for … This court follows the established case law and reaffirms its earlier decision on the interest issue.
Cited 4 timesPublished27 Fed. Cl. 615 · United States Court of Federal Claims · Feb 5, 1993
Specifically, the EEOC found that each plaintiff met the definition of a qualified handicapped person, 29 C.F.R. §§ 1613.702 (a)(2), 1613.702(a)(3) and 1613.702(f), capable of safely performing the duties of the positions … to suit, the United States is immune from an interest award.
Cited 8 timesPublishedLewis v. Secretary of Department of Health & Human Services
26 Cl. Ct. 233 · United States Court of Claims · Apr 20, 1992
Rak’s theory of causation qualifies as idiopathic. … Once a petitioner establishes the basis for the presumption, i.e., the onset of seizures within 72 hours of vaccine administration, respondent can defeat entitlement only by establishing by a preponderance of the evidence
Cited 15 timesPublished140 T.C. No. 13 · United States Tax Court · May 22, 2013
However, this argument has two flaws: (1) Uniband has failed to establish that it possesses sovereign immunity and (2) Uniband has not established that being entitled to sovereign immunity means it would be an integral … The waiver establishes that Petitioner, as an arm of the Tribe, had sovereign immunity.
Cited 0 timesPublishedDoyle ex rel. Doyle v. Secretary of Health & Human Services
92 Fed. Cl. 1 · United States Court of Federal Claims · Mar 19, 2010
What was never established was the equating of chronic with insidious onset.... Dr. … Sandler is extraordinarily qualified to testify regarding ITP. But, proof of causation entails more than having a well-qualified expert proclaim that the vaccination caused a disease.
Cited 24 timesPublished20 I. & N. Dec. 238 · Board of Immigration Appeals · Jul 1, 1991
sufficient in itself to establish his alienage. … However, the circuit court cases cited are clearly inapposite, and the Board precedents do not express such a holding.
Cited 38 timesPublishedReconsidering the Authority of the Department of Veterans Affairs to Provide Abortion Services
Department of Justice Office of Legal Counsel · Dec 18, 2025
‘is clearly intended as a substitute.’” (citation omitted)). But none of these authorities supersedes section 106 with respect to abor- tions—that bar has been unmodified since it was enacted in 1992. … immune from state-law liability, even if the advice is later found to be erroneous.
Cited 0 timesPublishedScherr Construction Co. v. United States
38 Cont. Cas. Fed. 76,314 · United States Court of Claims · May 28, 1992
DISCUSSION The purpose of the EAJA is to lift the “bar of sovereign immunity for award of fees in suits brought by litigants qualifying under the statute.” Levemier Constr., Inc. v. … The unaudited, qualified balance sheet provided by plaintiff 2 does not enable the *251 court to ascertain plaintiffs net worth, which plaintiff must establish as a predicate for an award under the EAJA. 28 U.S.C. § 2412
Cited 16 timesPublishedWinstar Corp. v. United States
25 Cl. Ct. 541 · United States Court of Claims · Apr 21, 1992
Clearly, this court is not a policy-making body. … Courts are not established to make policy. Our Constitution, and-the people who established that great document, gave the policy-making powers to the executive and legislative branches.
Cited 36 timesPublished77 Fed. Cl. 126 · United States Court of Federal Claims · Jun 19, 2007
. § 1915(a)(1), and is found to qualify for informa pauperis status.”). … However, none of the sections cited by plaintiff establishes a substantive right of recovery.
Cited 12 timesPublishedFlores v. Secretary of Health and Human Services
115 Fed. Cl. 157 · United States Court of Federal Claims · Mar 21, 2014
an exuberant, rapid immune response; and that the immune response resulted in petitioner’s blood clot, either through inflammation or platelet aggregation. … An abuse of discretion occurs when a “decision is based on clearly erroneous findings of fact, is based on erroneous interpretations of the law, or is clearly unreasonable, arbitrary or fanciful.” Cybor Corp. v.
Cited 85 timesPublished93 Fed. Cl. 139 · United States Court of Federal Claims · May 7, 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’ ... … Finally, plaintiffs are not seeking monetary relief against a defendant who is immune from the relief requested.
Cited 42 timesPublishedC. K., as Mother and Next Friend of V.K. v. Secretary of Health and Human Services
113 Fed. Cl. 757 · United States Court of Federal Claims · Dec 19, 2013
McCabe is qualified to testify about causation even though he would not be qualified to testify about treatment. Petitioner also opines that, while Dr. … McCabe was uniquely qualified to testify about the causal connection between Gardasil and SJIA based on his research as an immunologist, Dr.
Cited 40 timesPublishedGriffin v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 25, 2014
Considering the principles of sovereign immunity as well as the clearly stated legislative purpose that the Vaccine Act be a national program that prevents the spread of infectious disease from other countries within this … dictates, that Congress means to incorporate the established meaning of these terms. . . .
Cited 0 timesPublishedGamache v. Secretary of the Department of Health & Human Services
27 Fed. Cl. 639 · United States Court of Federal Claims · Jan 26, 1993
The special master cites and applies that article in her July 16,1992, decision as follows: A local reaction to a DPT immunization, even including fussiness, fever, redness, swelling, and crying hardly qualifies as a seizure … It does not establish a seizure disorder. Gamache , slip op. at 16-17.
Cited 8 timesPublishedHennessey v. Secretary of the Department of Health & Human Services
91 Fed. Cl. 126 · United States Court of Federal Claims · Jan 7, 2010
She evaluated the expert witnesses and determined “that respondent’s witnesses were far more qualified to opine on T1D than Dr. Shoen-feld.” Id. at *44. The special master clearly did not ignore Dr. … AAA at 6, and that vaccines present a similar challenge to the immune system as the disease against which they immunize.
Cited 72 timesPublished99 F.3d 1150 · Emergency Court of Appeals · Oct 21, 1996
Finally, the district court ruled that Officer Gray was qualifiedly immune from plaintiff's § 1983 claim because, even if Gray had a constitutional obligation to render medical care, that obligation was not clearly established … The district court properly concluded that Gray is entitled to qualified immunity.
Cited 1 timesPublished
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