Case law

PS Chez Sidney, L.L.C. v. United States International Trade Commission

558 F. Supp. 2d 1370 · United States Court of International Trade · Jun 17, 2008

’ . . . from a general waiver of immunity for the cause of action resulting in the damages award against the United States.” … Supp. 2d 1318, establishes Chez Sidney’s right to those funds, Customs has not given this court any reason to believe that it will not follow through with payment.

Gamache 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.

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

76 Fed. Cl. 23 · United States Court of Federal Claims · Mar 22, 2007

The Vaccine Act provides that a petitioner may qualify to receive compensation and other relief under the Vaccine Injury Compensation Program (“Program”), if injury can be established either by causation in law or causation … The court has determined that both experts were extraordinarily well qualified. See Ex. 17; Ex. B.

Related Industries, Inc. v. United States

31 Cont. Cas. Fed. 71,228 · United States Court of Claims · May 26, 1983

Defendant argues that in § 634 Congress waived the immunity of the Small Business Administrator against suit but withheld any waiver of immunity against an injunction, and, accordingly, neither the SBA nor its Administrator … There the Supreme Court ruled that when Congress establishes an agency, authorizes it to engage in commercial and business transactions with the public, and permits it to “sue and be sued,” Congress has waived the immunity

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

76 Fed. Cl. 678 · United States Court of Federal Claims · Apr 24, 2007

Petitioner clearly believes that Dr. Sin-doni’s testimony was persuasive and should, therefore, be a sufficient demonstration of causation. … A chart in the MMWR reflected that 22 out of 683 women (immune or not) suffered a miscarriage after receiving the rubella vaccine. Of the 32 women who were immune to rubella (like Ms.

Brian Franklin and Andrea Franklin, as Legal Representatives of Scott P. Franklin, a Minor v. Secretary of Health and Human Services

United States Court of Federal Claims · May 16, 2013

Accordingly, in this case Petitioners have clearly failed to demonstrate Prong 1 of Althen. C. … Thus, Petitioners have also failed to establish Prong 2 of Althen in this case. D.

Whitney v. Secretary of Health and Human Services

122 Fed. Cl. 297 · United States Court of Federal Claims · Aug 12, 2015

Rush was “an unbiased and qualified doctor” since he “discounted the vaccinations as a cause for myelitis without referring to the HHV-6 virus.” Id. at 17-18. … Tr. 494:15-24, 593:24 to 594:2 (Weintzen) (“[S.W.] was in the recovery stage of his HHV-6 [infection] clearly.”); see also Hr’g Tr. 31:12-14 (“[H]is immune system had kicked in and was starting to fight off the virus.”).29

Short v. United States

12 Cl. Ct. 36 · United States Court of Claims · Mar 17, 1987

The Federal Circuit’s affirmation of the trial judge’s 1982 opinion establishing the eligibility standards, and the prior Short I and Short II opinions, clearly characterized the plaintiffs’ claim as one for breaches of trust … The Secretary cannot avoid established trust obligations to qualified plaintiffs by making discriminatory distributions to individual Hoopas through the Hoopa Valley Tribe, when such distributions were otherwise prohibited

Taylor v. McDonald

27 Vet. App. 158 · United States Court of Appeals for Veterans Claims · Nov 24, 2014

Section 3.307(a)(6)(iv), promulgated by VA in 2011, provides for a presumption of exposure to herbicides for qualifying veterans who served in the Korean DMZ; it does not establish a presumption of service connection. 1 See … The Act established 38 U.S.C. § 316 (now section 1116), providing that veterans with qualifying service in Vietnam are entitled to a presumption of exposure to herbicides and a presumption of service connection for specified

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

55 Fed. Cl. 460 · United States Court of Federal Claims · Mar 5, 2003

See Onset Decision at 1-2. 4 The Special Master also indicated that he “affirmed” his October 6, 1999 determination, 5 and concluded that petitioner was unable to establish injuries within the time frame that would qualify … Establishing Entitlement to Compensation Pursuant to the Vaccine Act The Vaccine Act provides two methods for establishing eligibility for compensation. See Munn, 970 F.2d at 865 .

Angelo v. United States

57 Fed. Cl. 100 · United States Court of Federal Claims · Jun 27, 2003

United States, 44 Fed.Cl. 772, 776 (1999) (a unit or sub-shift of Supervisory Border Patrol Agents, SBPAs, did not qualify as an organizational unit with continuing function). … of a particular type, then sovereign immunity bars the claim.”

Piscopo v. Secretary of Health & Human Services

66 Fed. Cl. 49 · United States Court of Federal Claims · May 26, 2005

Geier to establish that his present condition, which involves an immune disorder, was caused by the Hepatitis B vaccine he had received. … The insert apparently identified various immune illnesses as possible adverse responses to the vaccine.

Blue Dot Energy Co. v. United States

76 Fed. Cl. 783 · United States Court of Federal Claims · Dec 13, 2004

Midcal Aluminum, Inc., 445 U.S. 97, 105 , 100 S.Ct. 937 , 63 L.Ed.2d 233 (1980) (holding that to establish antitrust immunity a “challenged restraint must be ‘one clearly articulated and affirmatively expressed as state policy1 … In subsequent decisions, however, a unanimous Court established a two-part test to clarify that state action antitrust immunity is not absolute.

Cedillo ex rel. Cedillo v. Secretary of Health & Human Services

89 Fed. Cl. 158 · United States Court of Federal Claims · Aug 6, 2009

Krigsman’s diagnosis; (5) neuroinflammation; (6) Michelle Cedillo’s immune system; and (7) mercury and immune system dysfunction. Pet’r Br. 45-63. … Federal Circuit precedent clearly permits the Special Master to apply Daubert when evaluating the reliability of the parties’ evidence. In Terran v.

Cohn v. United States

44 Fed. Cl. 658 · United States Court of Federal Claims · Sep 13, 1999

Secretary of DHHS, 2 F.3d 1128 , 1135 n. 12 (Fed.Cir.1993) (agreeing that section 300aa-11 invokes sovereign immunity and therefore must be strictly construed in favor of Government). 2. … “the legal representative of any person who has died as a result of the administration of a vaccine____” The eligibility determinations for compensation resulting from vaccine-related injuries or vaccine-related deaths clearly

Rippa v. United States

79 Fed. Cl. 639 · United States Court of Federal Claims · Dec 14, 2007

“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 *642 terms of its consent to be sued in any court define that court’s jurisdiction … ), and therefore does not qualify to be accorded “the force and effect of law.”

Carpenter v. United States

28 Fed. Cl. 195 · United States Court of Federal Claims · Apr 30, 1993

Then, in order to recover, the claimant must demonstrate that, under the circumstances, it qualifies under the statute or regulation. … It would be difficult to imagine what more Congress would have to say to waive sovereign immunity in this regard.

Copenhaver v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 21, 2016

The IOM stated that “All controlled studies that have compared immunized versus nonimmunized children have found either no association or a decreased risk of SIDS among immunized children.” … The Copenhavers most clearly express their theory on page 10 of their posthearing brief.

CARRILLO

17 I. & N. Dec. 30 · Board of Immigration Appeals · Jul 1, 1979

Having handled numerous cases of the same nature previously, the immigration judge was well-qualified to com- ment on the complexity of the case as it was presented to him. … His admission established his alienage.

Guest v. Commissioner

72 T.C. 768 · United States Tax Court · Aug 3, 1979

405(a) qualified bond purchase plan, or any government employee plan (whether or not tax-qualified). … Clearly, the enactment of section 219(b)(2), excluding the petitioner-employees and tens of millions of others from the benefits of the IRA program, was not an inadvertence.