Case law

Forrest v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 26, 2019

phase of the immune response. … Collins qualified the possibility of a recall response with the necessity that during the interval between the flu vaccinations a person would need to be exposed to flu antigen so that her immune memory cells remain active

Reinhardt v. Secretary of Health and Human Services

United States Court of Federal Claims · May 10, 2021

Vartanian is clearly qualified to opine on the matters before the court, Dr. Cestari is one of approximately ten neuro-ophthalmology specialists in the United States. … Molecular mimicry is also a well-established theory in the Vaccine Program and has been persuasively linked to different immune-mediated conditions. See e.g. W.C. v. Sec'y of Health & Hum.

Solak v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 12, 2021

Solak’s scratchy throat, nasal congestion, and shortness of breath are clearly not features that are seen in immune complex disease.” Id. … Dhillon wrote that he “explained to her I doubt food allergy can qualify as disability.” Ex. 10 at 1. On September 1, 2015, Dr.

Los Angeles Cent. Animal Hospital, Inc. v. Commissioner

68 T.C. 269 · United States Tax Court · May 25, 1977

The medical records here were clearly a major factor which would be relied upon by the purchaser for the production of income in the operation of the business. … From those records, the operator of the business is able to generate business by contacting the pet owners whose animals require periodic immunization and innoculation.

Schow v. United States

United States Court of Federal Claims · May 27, 2025

While the Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages, United States v. … Clearly, he was not, because he did not satisfy the prerequisites for such a promotion: presidential appointment and confirmation by the Senate.

Zhengxing v. United States

71 Fed. Cl. 732 · United States Court of Federal Claims · Jun 9, 2006

Rather, BPAs are “a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.” 48 C.F.R. § 13.303-1 (a). … ‘charge accounts’ with qualified sources of supply.” 48 C.F.R. § 13.303-1 .

Tweten v. Secretary of Department of Health & Human Services

26 Cl. Ct. 405 · United States Court of Claims · Aug 22, 1991

Tweten’s statement that Christopher had received the DPT immunization approximately “one week” prior to the seizures. … She now remembers clearly the first occurrence even though she may not have been so clear about it at the time____ Tweten v.

Sanders v. United States

34 Fed. Cl. 38 · United States Court of Federal Claims · Aug 9, 1995

Sanders failed to establish subject matter jurisdiction. We must do likewise. This court has held, in unequivocal terms, that general jurisdictional statutes may not act to waive sovereign immunity. Lonsdale v. … Plaintiff has failed to establish either that the United States unequivocally waived its sovereign immunity or that this court is vested with jurisdiction over plaintiffs claims.

Orgel-Olson v. Secretary of Health and Human Services

United States Court of Federal Claims · May 20, 2022

role that innate immunity plays in auto-immune diseases is less clear. … But clearly it was driven by the skin biopsy.” (Tr. 101-02.) Dr. Tornatore deferred to Dr.

D-V

21 I. & N. Dec. 77 · Board of Immigration Appeals · Jul 1, 1995

The relief of withholding of deportation is mandatory, in that once an alien has established that he or she qualifies for it and is not ineligible for it under section 243(h)(2) of the Act, 8 U.S.C. § 1253(h)(2), such relief … Clearly, the applicant was an active member of a church group, which 79 Interim Decision #3252 provided funds for projects endorsed by Aristide.

Swisher International, Inc. v. United States

178 F. Supp. 2d 1354 · United States Court of International Trade · Dec 11, 2001

Discussion The federal government is immune from an award of interest absent an express waiver of sovereign immunity. See Library of Congress v. Shaw, 478 U.S. 310, 311 (1986); see also IBM, 201 F.3d at 1370. … To prove that the tax HMT is confiscatory, Plaintiffs must establish that the tax was not reasonably related to a substantial public purpose. See Penn Central Transp. Co. v.

Ains, Inc. v. United States

56 Fed. Cl. 522 · United States Court of Federal Claims · May 23, 2002

Government is protected from suit by the doctrine of sovereign immunity. … The issue before the Court in Standard Oil was whether the military post exchanges qualified for the exemption.

Ratke v. Comm'r

129 T.C. 45 · United States Tax Court · Sep 5, 2007

In this respect, the instant case is clearly distinguishable from Hartz Mountain Industries, Inc. A fortiori, a document prepared for the same litigation, as in the instant case, qualifies as work product. … To the extent the work-product immunity could have such an effect, it is waived. [Id. at 1303.] In Hartz Mountain Industries, Inc. v.

Baka v. United States

74 Fed. Cl. 692 · United States Court of Federal Claims · Nov 29, 2006

Baka invokes the substantive rights in 10 U.S.C. § 1408 to establish jurisdiction and the necessary waiver of sovereign immunity. … “It is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional in nature.” Martinez v.

Hunt Construction Group, Inc. v. United States

48 Fed. Cl. 456 · United States Court of Federal Claims · Feb 2, 2001

This minimal disparity in the offers is insufficient to establish constructive notice. See Allied Contractors, Inc. v. … Indeed, by qualifying its of *463 fer, McCarthy manifested an understanding that the contractor was responsible for state taxes.

Contract Services, Inc. v. United States

104 Fed. Cl. 261 · United States Court of Federal Claims · Apr 13, 2012

Tosté explained he had “sought specific guidance from the SBA on this issue and the HUBZone Program Analyst clearly stated that a HUBZone [SBC] must be a qualified HUBZone [SBC] both at the time of its initial offer and at … Plaintiff cites to several paragraphs in its Complaint for the proposition that its “allegations clearly establish the raising and addressing of CSI’s concerns and questions, just as [defendant suggests is appropriate in

Landers

29 I. & N. Dec. 240 · Board of Immigration Appeals · Sep 17, 2025

He argues that there is no direct evidence establishing that he engaged in the unauthorized practice of law, and he contends that the circumstantial evidence is not sufficient to establish that he performed acts that qualify … The Adjudicating Official did not clearly err in finding that these similarities were sufficient to establish that the respondent prepared the allegedly pro se legal filings.

Harris v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 21, 2023

Benson stresses that the link between infection and GBS is clearly much stronger. (Id. … Thus, while he would still clearly find it irregular, it is far from clear that Dr.

Red River Service Corp. v. United States

60 Fed. Cl. 532 · United States Court of Federal Claims · Apr 30, 2004

The proper forum for further adjudication of SBA administrative decisions clearly lies with a United States District Court. See 15 U.S.C. § 634 (b); see also DSE, Inc. v. … Red River Has Established That It Is An “Interested Party” In This Case.

Michael Stephen Shaw v. Secretary of the Department of Health and Human Services 0

United States Court of Federal Claims · May 24, 2013

Palmer, who treated petitioner for pain, noting that he suffers from “a clearly diagnosed small-fiber neuropathy”). … Petitioner has presented sound scientific testimony from a medical expert, well qualified in the field of neurology, that offers a cogent explanation of how petitioner’s hepatitis B vaccination more likely than not caused