Case law

Nussman v. Secretary of Health & Human Services

83 Fed. Cl. 111 · United States Court of Federal Claims · Jul 21, 2008

See Resp’t Posthr’g Br. 24 ("[Wjhile it would be preferable to have an actual vaccination record to establish the dates of immunization, respondent is satisfied in this case that the vaccination history submitted by petitioner … See Resp’t Posthr’g Br. 24 ("[W]hile it would be preferable to have an actual vaccination record to establish the dates of immunization, respon *114 dent is satisfied in this case that the vaccination history submitted by

Seneca Oil Co. v. Department of Energy

712 F.2d 1384 · Temporary Emergency Court of Appeals · May 18, 1983

the May 2,1979 legislative regulation] clearly stated that all crude oil production that would have qualified as newly discovered crude oil under the new reservoir proposal would be entitled to newly discovered crude oil … These statutes clearly approved the May 2, 1979 legislative regulation, as it existed on April 2, 1980 and June 1, 1979.

Shut Out Dee-Fence, Inc. v. Commissioner

77 T.C. 1197 · United States Tax Court · Dec 2, 1981

A determination letter is issued only where a determination can be made on the basis of clearly established rules as set forth in the statute, Treasury decision, or regulation, or by a ruling, opinion, or court decision published … Respondent’s argument clearly contradicts the language of section 7476(a)(2)(A).

Busby School of the Northern Cheyenne Tribe v. United States

8 Cl. Ct. 588 · United States Court of Claims · Jul 25, 1985

It is well established that waiver of sovereign immunity cannot be implied but must be unequivocally expressed. United States v. King, 395 U.S. 1, 5 , 89 S.Ct. 1501, 1503 , 23 L.Ed.2d 52 (1969). … Such a reading of section 1491(a)(3) clearly does not strictly construe that provision and it implies a waiver of sovereign immunity when an express waiver is required. See Fidelity Constr. Co. v.

Wirtshafter v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 13, 2021

Tavee again noted that the “[s]uspected etiology immune mediated related to preceding flu vaccination.” ECF No. 1-11 at 36. … The special master has abused his discretion if his decision: “‘(1) is clearly unreasonable, arbitrary, or fanciful; (2) is based on an erroneous conclusion of law; (3) rests on clearly erroneous fact findings; or (4) follows

Estate of Higgins v. Commissioner

91 T.C. 61 · United States Tax Court · Jul 19, 1988

If the total gross estate is more than $500,000 [as it was in this case], the property for which this election is made must be included on Schedule M and clearly marked as “qualified terminable interest property.” … If the total gross estate is more than $500,000, the property for which this election is made must be included on Schedule M and clearly marked as “qualified terminable interest property.”

In re the Fee Agreement of Smith

4 Vet. App. 487 · United States Court of Appeals for Veterans Claims · Apr 8, 1993

Section 5904(d) does not establish an order of priorities for entitlements or claimants. … , the Government is immune from claims for attorney’s fees, ...” and waivers of sovereign immunity are to be strictly construed.

Raymo v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 19, 2014

Clearly, her life has been altered forever by what transpired after her October 2010 vaccinations. … Nevertheless, petitioners have established by preponderant evidence that the correct diagnosis is acute immune-mediated transverse myelitis, that the medical theories proposed are biologically probable, that the facts and

Jones v. United States

United States Court of Federal Claims · Jul 8, 2020

While deciding whether Deputy Byron was entitled to qualified immunity for handcuffing Mr. … Deputy Byron escaped liability for that violation by asserting qualified immunity.

Sound Health Ass'n v. Commissioner

71 T.C. 158 · United States Tax Court · Nov 13, 1978

Clearly, both types of organizations must qualify as charitable under section 501(c)(3) on the basis of the health care services that they provide. … The Association established a research program to help study better ways of delivering health care services. See Resolution 39. It established an education program. Resolution 40.

Olson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2018

Regarding prong 1, the Special Master noted that it is reliably established that “adjuvants like alum help stimulate the innate immune system, thereby increasing the efficacy of vaccines.” Olson, at 59. … in this case, given that theory's dependency on complex immune system processes.

Capital Engineering & Manufacturing Co. v. United States

36 Cont. Cas. Fed. 75,830 · United States Court of Claims · Mar 20, 1990

These statutory provisions clearly indicate that Congress has conditioned its waiver of sovereign immunity on the right of the government to assert counterclaims. See Ingalls Shipbuilding, Inc. v. … Therefore no issue of sovereign immunity was involved.

Awad v. United States

61 Fed. Cl. 281 · United States Court of Federal Claims · Jul 9, 2004

He argues that “[t]he fact that Plaintiff cannot establish through his initial pleading that the specific Government representatives had authority to make a binding contract does not subject the complaint to dismissal.” … In fact, as Defendant notes, the law clearly indicates that the government representatives who allegedly promised Plaintiff citizenship and a passport (a United States Attorney and an attorney from the DOJ) did not have the

American Airlines, Inc. v. United States

77 Fed. Cl. 672 · United States Court of Federal Claims · Jul 31, 2007

For a waiver to be effective, “it must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege.’ ” See *681 Brookhart v. … a general waiver of immunity to suit); United States v. $7,990.00 U.S.

Skinner v. Secretary of Department of Health & Human Services

30 Fed. Cl. 402 · United States Court of Federal Claims · Feb 2, 1994

The third DPT immunization was administered on April 17, 1985, in the office of her pediatrician. … Alternatively, petitioners contend that the developmental decline and severe problems in fact were caused by the third DPT immunization.

Resendez v. United States

96 Fed. Cl. 283 · United States Court of Federal Claims · Dec 17, 2010

’s account established with his or her custodian. … Thus, the court must dismiss claims that are “based on an indisputably meritless legal theory” and “claims whose factual contentions are clearly baseless.” Id. at 327 , 109 S.Ct. 1827 .

Miller v. Commissioner

52 T.C. 752 · United States Tax Court · Aug 6, 1969

In order to qualify for the section 911 exclusion, a taxpayer must establish that the income sought to be excluded constitutes earned income as defined in section 911 and is received from foreign sources. … qualify for the exclusion under section 911.

Toledo Stove & Range Co. v. Commissioner

16 T.C. 1125 · United States Tax Court · May 21, 1951

First, the temporary and unusual character of the circumstance or event must be clearly established. … The taxpayer must clearly show that the increased earnings resulted from the change.

Legault v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 30, 2025

Most importantly for present purposes, however, it was clearly established by the medical record in Madigan that the claimant was under significant, demonstrated stress prior to vaccination, raising concerns about … Furthermore, the petitioner in Vanore was unable to establish that SSNHL is solely or predominantly mediated by an immune process. Id.

Brahms v. United States

18 Cl. Ct. 471 · United States Court of Claims · Oct 27, 1989

This court rejects plaintiff’s attempt to establish jurisdiction over the interest claim under § 1346(a)(1). … Section 1346(a) is also subject to the doctrine of sovereign immunity. The United States, as sovereign, is immune from suit unless Congress specifically waives immunity by statute. United States v.