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Curran v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 22, 2016
On October 27, 2016, petitioner filed his immunization records and other medical records, but stated that petitioner was still “in the process of obtaining remaining records.” … conclusion of the law;” (3) “clearly erroneous,” or (4) that “the record contains no evidence on which the ...
Cited 0 timesPublishedBelridge Oil Co. v. Commissioner
26 B.T.A. 810 · United States Board of Tax Appeals · Aug 16, 1932
Once the value of the land is established, the value of the option can be readily determined. … As such it has no value, for the reason that it is clearly distinguishable upon the facts, as fully pointed out herein. As a precedent, it is not binding.
Cited 5 timesPublishedUnited States Court of Federal Claims · May 8, 2020
As a waiver of the United States’ sovereign immunity from suit, § 1498 “must be strictly construed in favor of the United States.” Zoltek Corp. v. United States, 672 F.3d 1309, 1318 (Fed. … Plaintiffs thus fail to qualify for this exception to the Assignment of Claims Act. ii.
Cited 0 timesPublished85 T.C. 1 · United States Tax Court · Jul 1, 1985
Respondent clearly did not rest merely on the presumption of correctness in issuing his notice of deficiency. … However, we have found that the evidence established that the informant’s statements were not trustworthy.
Cited 43 timesPublishedFieldston Clothes, Inc. v. United States
19 Ct. Int'l Trade 1181 · United States Court of International Trade · Sep 14, 1995
While dismantling of quotas is clearly an ATC goal, the court disagrees with plaintiffs narrow characterization of the ATC. … Based on the foregoing, the court concludes that the ATC qualifies as an agreement limiting the export of textiles and textile products within the meaning of Section 204.
Cited 2 timesPublishedSharpe v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 7, 2021
Thus, a medical treater’s opinion that a vaccine likely caused a person’s injury might have some Althen prong one bearing (although less so than an expert qualified to opine on causation in a specific case), with the opposite … Clearly the significance of Dr.
Cited 0 timesPublished11 I. & N. Dec. 551 · Board of Immigration Appeals · Jul 1, 1965
status to the "unmarried" son of a citizen or lawful resident alien makes it clear that Congress set up a Federal standard with regard to the term "unmarried," and that reference to foreign law cannot be used to defeat the clearly … He was fully aware that he was required to remain "unmarried" to 'continue to qualify for third preference status.
Cited 3 timesPublishedMontego Bay Imports, Ltd. v. United States
25 Cl. Ct. 639 · United States Court of Claims · Apr 9, 1992
that the United States Court of Appeals for the Eleventh Circuit has held that cases filed pursuant to the SAA and the PVA “implicitly contain a discretionary function exception to the United States’ waiver of sovereign immunity … The $96,000 claim clearly sounds in tort.
Cited 8 timesPublishedPowerine Oil Co. v. Federal Energy Administration
536 F.2d 378 · Temporary Emergency Court of Appeals · May 28, 1976
The December 22, 1975 order of the FEA denying Powerine’s appeal from the decision and order of September 16, 1975, which denied Powerine exception relief, was clearly within the FEA’s authority. … While Powerine’s projections in its appeal submission indicated the firm would qualify for relief under the standards of Delta Refining Co., Case No.
Cited 26 timesPublishedAmerican Innotek, Inc. v. United States
128 Fed. Cl. 135 · United States Court of Federal Claims · Sep 22, 2016
AbilityOne Procurements from Qualified Nonprofit Agencies JWOD established the AbilityOne Committee, an independent federal agency, to facilitate the Government’s “purchase of commodities and services from qualified … When two products have the same NSN and one is made by a JWOD qualified nonprofit, the Government agency must buy the product from the qualified nonprofit.
Cited 5 timesPublished21 Vet. App. 545 · United States Court of Appeals for Veterans Claims · Jan 29, 2008
The Federal Circuit did not qualify VA’s obligation to assist a claimant, nor does the Schroeder holding turn on the procedural posture of the case. … Among other things, the VCAA removed the requirement of former § 5107(a) that a claimant first establish a well-grounded *560 claim before VA was to begin providing assistance.
Cited 151 timesPublishedReview of Final Order in Alien Employer Sanctions Cases
Department of Justice Office of Legal Counsel · Dec 5, 1989
The statute also establishes an administrative scheme for prosecuting viola tions o f these subsections. … The regulations clearly provide that the CAHO’s order is the final order o f the Attorney General in an employer sanctions case. 28 C.ER. § 68.52(a)(1).
Cited 0 timesPublished107 Fed. Cl. 533 · United States Court of Federal Claims · Nov 30, 2012
A waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … Plaintiffs Have Not Established That a Categorical Taking Has Occurred Even if plaintiffs could establish that government action had interfered with their property interest, they still would have to establish that taking
Cited 2 timesPublishedKlamath Irrigation District v. United States
75 Fed. Cl. 677 · United States Court of Federal Claims · Mar 16, 2007
Of course, in making this contention, plaintiffs disregard the possibility that these earlier actions themselves qualify as sovereign acts that would also be protected by the doctrine. … They contend that the latter actions “targeted” their contracts and should not qualify as sovereign acts. This claim, however, again fundamentally misconceives the nature of the sovereign acts defense.
Reversed by Klamath Irrigation District v. United States, 635 F.3d 505 (2011)Cited 14 timesPublished31 Cont. Cas. Fed. 71,810 · United States Court of Claims · Nov 3, 1983
As such, it is a qualified party under the EAJA that may apply for attorney’s fees and costs. … Clearly Government litigation counsel was not in any position at that hearing to evaluate the case from any substantive standard.
Cited 7 timesPublishedLangert v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 8, 2025
Simpson primarily replies upon the theory of molecular mimicry “as the most established mechanism,” as it “suggests that epitopes of a virus or vaccine, results in development of immune antibodies and/or T cells that could … At most, he offered some reliable evidence about how long the immune system maintains immunity to Tdap vaccine components.
Cited 0 timesUnpublishedWiles v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 29, 2026
Petitioner also did not establish that an innate immune response to vaccination, resulting in increased cytokine production, could likely provoke a worsening of an existing seizure establishing the prima facie elements … May 19, 2022). 25 immunization or the context of BBB breaches without establishing a sufficient connection from one causation component to the next. While Dr.
Cited 0 timesUnpublishedSea-Land Service, Inc. v. United States
14 Ct. Int'l Trade 253 · United States Court of International Trade · Apr 2, 1990
Discussion It is a well established principle that the United States Government, as sovereign, is immune from suit except as it consents to be sued. *255 United States v. Sherwood, 312 U.S. 584, 586 , 61 S. … Second, the Court had to establish whether tolling was consistent with the legislative purpose of 28 U.S.C. § 2636 . Id.
Cited 0 timesPublishedDynCorp International LLC v. United States
76 Fed. Cl. 528 · United States Court of Federal Claims · May 24, 2007
The solicitation was clearly marked as a negotiated procurement. AR at 66. … The evaluation criteria focused on the soundness of the plan for the efficient “phasing in [of] resources and trained/qualified personnel required to assume contract tasks and responsibilities at the start of the contract
Cited 64 timesPublishedButler Lumber Co. v. United States
73 Ct. Cl. 270 · United States Court of Claims · Dec 7, 1931
The record clearly reveals that the plaintiff performed its contractual obligations in every respect. … (P. 380.) *304 An extended list of cases cited in the Illinois Surety Co. case (supra, page 380) clearly establishes a course of judicial precedent extending to the act of 1905 a liberal construction so as to effectuate its
Cited 1 timesPublished
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