Case law

Crutchfield v. Secretary of Health & Human Services

125 Fed. Cl. 251 · United States Court of Federal Claims · Sep 8, 2014

This exam included a laboratory blood test; the results indicated that Petitioner was not immune to measles, had an “equivocal” immune response to mumps, but was immune to rubella. Pet. 1/16/09 Ex. 2 at 6, 9. … Under these circumstances, a petitioner must establish causation in fact, i.e., fust, by establishing a prima facie case offering evidence of sufficient facts to establish each element of the claim and then by meeting a burden

Auto Club Insurance v. United States

103 Fed. Cl. 268 · United States Court of Federal Claims · Jan 24, 2012

As such, it is *271 an explicit waiver of the sovereign immunity of the United States. United States v. Testan, 424 U.S. 392, 398 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976). … Otherwise, in Plaintiffs reasoning, the references to money-mandating statutes that are replete in such case precedents are merely a “shortcut expression” of the requirement of a money damages claim, which Plaintiff is clearly

Martti v. United States

121 Fed. Cl. 87 · United States Court of Federal Claims · May 5, 2015

The letter explained that income earned in ocean-based activity on international waters does not qualify for the foreign earned income exclusion. … Clintwood Elkhorn Mining Co., 553 U.S. at 8 (determining that the language of section 6511(a) clearly states that taxpayers “must comply with the Code's refund scheme before

Reading & Bates Corp. v. United States

40 Fed. Cl. 737 · United States Court of Federal Claims · Mar 20, 1998

The regulations clearly contemplate the deduction of open accounts. See 26 C.F.R. § 1.166 -l(c). … RBX clearly had a right to demand payment on the promissory notes.

Barrett v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 2, 2017

Gershwin acknowledged: “Th-2 skewing has not been clearly demonstrated in human viral infections.” Exhibit 10 at 2.14 He provided two articles linking alum to “cytokine switches and specific immune responses” in mice. … Thus, petitioners have established that J.H.B.’s vaccines were a but-for cause and a substantial factor, acting in conjunction with his immature immune system and the mild virus, to cause his death.

Henry v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 27, 2022

He noted that no such antigens “have been identified” in this case, nor were any studies that would establish an immune mechanism performed. Id. … of the elements established by the Federal Circuit in Althen.

Mission Critical Solutions v. United States

91 Fed. Cl. 386 · United States Court of Federal Claims · Mar 2, 2010

As an 8(a) program participant, a qualified HUBZone small business, and the incumbent contractor, MCS has established that it had a “substantial chance” of receiving the award but for the alleged error in the procurement … Defendant argues: “[Although this provision clearly establishes the priority of these other contracting preferences, the HUBZone statute does not expressly provide that the HUBZone program be given priority over SBA’s other

Warren v. United States

106 Fed. Cl. 507 · United States Court of Federal Claims · Aug 30, 2012

The statute clearly grants the power of mandamus only to federal district courts. … However, plaintiff has not established that a writ of mandamus is necessary or appropriate in this ease.

Hooper v. United States

53 Ct. Cl. 90 · United States Court of Claims · Jan 7, 1918

qualified and did not recommend him for promotion. … This is what we have done in this case, and it is established from the facts that the plaintiff was not advanced in grade or rank pursuant to law.

LING

13 I. & N. Dec. 35 · Board of Immigration Appeals · Jul 1, 1968

Therefore, a petitioner with a business adminis- tration degree must clearly establish a particular area and occu- pation in the field of business administration in which he is en- gaged or plans to be engaged and must … qualified for or intends to engage in.

Pender Peanut Corp. v. United States

20 Cl. Ct. 447 · United States Court of Claims · May 23, 1990

Section 702 acknowledges that the Tucker Act has already waived sovereign immunity for most money damages suits. Section 702 therefore waives immunity for actions seeking relief other than money damages. … First, the APA is not a waiver of sovereign immunity as to money damages suits.

Blackburn v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 2, 2015

Whitesell’s opinion was itself somewhat qualified, conclusory, and not corroborated with any explanatory basis. … Chaudhry was better qualified than Dr. Steinman to opine on the nature and treatment of GBS and CIDP, and his testimony was more credible.

Johnston v. Comm'r

119 T.C. 27 · United States Tax Court · Aug 8, 2002

The defendants asserted the affirmative defense of qualified immunity based upon having acted in good faith, and the plaintiff sought discovery of legal advice the defendants received with respect to his confinement. … established constitutional rights.”

Amaral v. Commissioner

90 T.C. 802 · United States Tax Court · Apr 26, 1988

Therefore, no U.S. citizen who was paid by the United States and seconded to NATO could qualify for the section 911 exclusion. … Petitioner did not qualify for the section 911 exclusion during either of these years because he did not reside in a hardship area.

Santini v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 18, 2015

The admitting doctor, Natasha Fein, stated that “[t]he etiology of seizures is suspicious for adverse side effect of immunization, despite receiving 2-month immunizations without complications. … Omidvar have failed to establish the first prong of Althen and the Secretary has established an alternative factor. Although this resolution means that Mr. Santini and Ms.

Sufi Network Services, Inc. v. United States

128 Fed. Cl. 683 · United States Court of Federal Claims · Oct 19, 2016

A board’s decision can be so grossly erroneous that one can imply bad faith, especially when the error clearly favors the Board’s department. Id. … Even more so, the specific actions taken by the Air Force were clearly not substantially justified.

Aero Rental v. Commissioner

64 T.C. 331 · United States Tax Court · May 29, 1975

Aero clearly proceeded with due diligence to secure a determination for 1970. … The petitioner established that in approximately one-half of the determinations issued by the Phoenix office in similar situations in the years 1969 through 1971, the determination held the plan was qualified for the earlier

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

108 Fed. Cl. 743 · United States Court of Federal Claims · Jan 25, 2013

It was felt that immunization series had been the trigger for the development of Guillain-Barré.” … The Special Master, therefore, concluded that Petitioner did not qualify for relief under the Vaccine Act.

Marathon Oil Co. v. United States

56 Fed. Cl. 768 · United States Court of Federal Claims · Jun 19, 2003

Thus, the language of the Federal Circuit’s opinion and judgment, both dated December 28, 2000, clearly state that the court was affirming the prior judgments of the Court of Federal Claims, not substituting its own judgment … But Marathon and Mobil have not established their entitlement to any such interest because they cannot demonstrate a waiver of sovereign immunity by the government.

Emerson v. Commissioner

35 B.T.A. 901 · United States Board of Tax Appeals · Apr 20, 1937

term of office, it has been held that any compensation in addition to that fixed in advance was necessarily paid under special engagements for the performance of services outside of the duties of office because of the well established … While no rate of compensation was fixed, as in the Halsey case, the method was clearly ■to pay him on a quantum meruit basis by approving payment of fees to him after services were completed.