Case law

Valeria Flores v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 12, 2013

Kerr argued that one part of the body’s immune system, the “innate” immune system, would produce inflammation soon after vaccination (Tr. 42-43), and he seemed to suggest that such inflammation, produced by the innate immune … To be sure, Valeria’s medical records do indicate that in the ambulance, she may have lost consciousness, which might qualify as a case of syncope. (See Tr. 55.) But Dr.

Guaranty State Sav. & Loan Co. v. Commissioner

14 B.T.A. 72 · United States Board of Tax Appeals · Nov 7, 1928

this exception petitioner must establish a bona fide compliance with the intendment of the law. … either the petitioner or the borrowers themselves to establish them as actual participating members of the association.

Boyd v. United States

207 Ct. Cl. 1 · United States Court of Claims · May 14, 1975

The Assistant Secretary’s decision stated,; in part: * * * And as the TAC Officer Evaluation Report Review Board noted, the rater was well qualified in the manpower field and was obviously better qualified to evaluate the … Pursuant to 10 U.S.C. § 1552 , the Secretary -was authorized, under procedures established by him, to act upon the recommendations of the Correction Board.

ARRA Energy Co. I v. United States

97 Fed. Cl. 12 · United States Court of Federal Claims · Jan 18, 2011

The Tucker Act merely “waiv[es] sovereign immunity and provid[es] the forum for adjudication! … The court further concluded that the government had no discretion to refuse to enter into a contract with any qualified producer.

Greenlee County v. United States

68 Fed. Cl. 482 · United States Court of Federal Claims · Nov 3, 2005

No. 40-1, 469 U.S. 256, 258 , 105 S.Ct. 695 , 83 L.Ed.2d 635 (1985) (noting the Payment in Lieu of Taxes Act “compensates local governments for the loss of tax revenues resulting from the tax-immune status of federal lands … Defendant questioned initially whether plaintiff qualified as a "unit of local government” as contemplated by the statute.

Bias v. United States

131 Fed. Cl. 350 · United States Court of Federal Claims · Apr 28, 2017

Bias has the burden of establishing jurisdiction. See Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed. Cir. 1988). … The Tucker Act waives sovereign immunity and allows a plaintiff to sue the United States for money damages, United States v.

CWT Farms, Inc. v. Commissioner

79 T.C. 1054 · United States Tax Court · Dec 23, 1982

It is clear that International, if it satisfies the other conditions of section 992(c), may yet establish that it was a DISC for its taxable years ending in 1975,1976, and 1977. … The DISC legislation clearly reflects a congressional policy to limit qualified producer loans in order to ensure that tax-deferred DISC profits are used solely for exporting.

Aaron v. United States

51 Fed. Cl. 690 · United States Court of Federal Claims · Feb 21, 2002

In sum, we think the evidence is clear that UNICOR is a NAFI and that Congress has clearly indicated an intent to keep its financial obligations completely separate from those of the Treasury generally. … For in that situation, Congress necessarily intended to waive the bar of sovereign immunity.

National Corn Growers Ass'n v. Von Raab

650 F. Supp. 1007 · United States Court of International Trade · Dec 10, 1986

Similarly, plaintiffs look to the language of § 423(a) to establish their interpretation: “no ethyl alcohol or mixture thereof may be considered ... eligible for duty-free treatment ... unless the ethyl alcohol or mixture … is there “an indication that Congress meant to endorse or sanction these letter rulings,” Plaintiffs’ Opposition to the Motion for a Stay at 10, but I cannot accept the further assertion that Congress did not intend to "immunize

Hillensbeck v. United States

68 Fed. Cl. 62 · United States Court of Federal Claims · Aug 31, 2005

Therefore, in order to qualify as a “public safety officer,” under the PSOBA in this case, Plaintiff Samantha Scott (“Plaintiff”) must establish that Ms. … suit, the United States is immune from an interest award.”).

McGuinness v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 15, 2021

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Nov. 6, 2015) (petitioner established that her immune system was predisposed to autoimmune diseases such as RA, and that the Tdap vaccine significantly aggravated her pre-existing RA); Campbell v. Sec'y of Health & Hum.

Bond v. United States

43 Fed. Cl. 346 · United States Court of Federal Claims · Mar 19, 1999

The six-year statute of limitations is jurisdictional in nature, and an express limitation on the waiver of sovereign immunity. See United States v. Kubrick, 444 U.S. 111, 117 , 100 S.Ct. 352 , 62 L.Ed.2d 259 (1979). … The record clearly indicates that even in the most favorable light, plaintiff was no longer suffering from any legal disability by 1978.

Hughes v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 12, 2021

He also found significant the timing of the onset of symptoms after the immunizations. This “long onset” after vaccination was, according to Dr. Lyons-Weiler “established in the medical literature.” Id. at 4. … , on the criteria for CRPS, the onset of pain two months after immunization and Dr.

Walton v. United States

80 Fed. Cl. 251 · United States Court of Federal Claims · Jan 23, 2008

The first underlined phrase establishes this court’s jurisdiction, and the third underlined phrase clearly modifies the first. In this way, the statute is similar to the combined effect of the statutes in Wein-berger. … 15(a) gave him the right to amend his complaint "once as a matter of course at any time before a responsive pleading is served," and argued that defendant's consolidated motion to dismiss and for summary judgment did not qualify

James A. Bardwell v. Eric K. Shinseki

24 Vet. App. 36 · United States Court of Appeals for Veterans Claims · Aug 17, 2010

By contrast, the in-service event, injury, or disease prong does not qualify the quality of evidence necessary to meet its threshold: the evidence must establish that there was a disease, injury, or event in service. … Bardwell has not asserted that the Board clearly erred in finding that he was not exposed to gases or chemicals in service and therefore fails to carry his burden of establishing error. See Hilkert v.

Martin v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 18, 2020

Her second report more clearly incorporated Dr. Vargas’s opinion (presumably because both of Respondent’s experts’ first reports were prepared and filed simultaneously),30 and clearly included the opinion that Mr. … Martin’s established comorbidities (in particular uncontrolled diabetes) likely impacted his health and/or immune response. Respondent, however, has maintained that Mr.

Guaranty State Savings & Loan Co. v. Commissioner

14 B.T.A. 72 · United States Board of Tax Appeals · Nov 7, 1928

this exception petitioner must establish a bona fide compliance with the intendment of the law. … either the petitioner or the borrowers themselves to establish them as actual participating members of the association.

Commercial Sav. & Loan Asso. v. Commissioner

53 T.C. 14 · United States Tax Court · Oct 6, 1969

Allowing a taxpayer to deduct amounts for losses which have not yet occurred, and at the same time allowing it to use such amounts currently for other purposes, would clearly circumvent the intention of the provisions of … Establishment of reserves. — Each taxpayer described in subsection (a) which uses the reserve method of accounting for bad debts shall establish and maintain a reserve for losses on qualifying real property loans, a reserve

D'Angiolini v. Secretary of Health & Human Services

122 Fed. Cl. 86 · United States Court of Federal Claims · Jul 27, 2015

The National Vaccine Injury Compensation Program (the “Program”) was established by the National Vaccine Childhood Injury Act of 1986 in order to “achieve optimal prevention of human infectious diseases through immunization … “An abuse of discretion may be found when (1) the court’s decision is clearly unreasonable, arbitrary, or fanciful; (2) the decision is based on an erroneous conclusion of the law; (3) the court’s findings are clearly erroneous

Collins v. United States

101 Fed. Cl. 435 · United States Court of Federal Claims · Oct 18, 2011

DoDI 3.1.3.1. establishes “fully qualified for retention” as an independent ground for eligibility for full separation pay; this AFI provision does not. … scheme established by Congress. .