Case law

Robert A. Athey v. the United States 9

108 Fed. Cl. 617 · United States Court of Federal Claims · Jan 30, 2013

In addition, in a motion for a dismissal on the basis of subject-matter, the non-moving party bears the burden of establishing jurisdiction. Meyers v. United States, 50 Fed. Cl. 674, 680 (2001). … In so much as these laws are money-mandating, they are statutes that are also covered by the Tucker Act which waives sovereign immunity giving citizens the right to bring the claim.

Le v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 24, 2023

However, he noted that “half of TM cases occur spontaneously without any clearly identifiable preceding event.” Resp. Ex. C at 6. He therefore dismissed Dr. Conomy’s and Dr. … First, the medical literature filed by Petitioner establishes that molecular mimicry is a well-known immune response in immunology that has been identified in medical literature as a mechanistic theory for how infectious

LeFever v. Commissioner

103 T.C. 525 · United States Tax Court · Oct 26, 1994

that the IRS “clearly was on notice of the fact that the election was invalid”. … Petitioners never clearly articulated their argument until the trial. The issue was not clearly raised in the pleadings, but the Court finds that it was tried by consent of the parties.

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

42 Fed. Cl. 381 · United States Court of Federal Claims · Dec 8, 1998

Other physicians at the Children’s Clinic that treated Bobby adopted the diagnosis of “post-pertussis immunization perive-nous encephalitis,” or “post-immunization encephalopathy.” Id. … Guggenheim determined that Bobby’s medical records clearly indicated that Bobby was healthy until February 14, 1950. Dr.

Pittsburgh & Weirton Bus Co. v. Commissioner

21 T.C. 888 · United States Tax Court · Mar 16, 1954

However, the establishment of a qualifying factor does not mean that the petitioner is automatically entitled to relief. … Assuming, arguendo, that such a claim is presented, the petitioner has failed to establish any qualifying factors other than those claimed to qualify it under section 722 (b) (4).

Bent v. Commissioner

87 T.C. 236 · United States Tax Court · Jul 28, 1986

Although petitioner did not have an education degree, the board believed that, with his background and experience in the electronics industry, he was well-qualified to teach an electronics course at McKean. … established.

Price v. United States

133 Fed. Cl. 128 · United States Court of Federal Claims · Jul 17, 2017

’s limited waiver of sovereign immunity pursuant to the Tucker Act. … (2) If such position does not exist, or with his consent, the employee shall be placed in a vacant existing position, or in a new continuing position, for which he is qualified,

Aviation & General Insurance v. United States

121 Fed. Cl. 357 · United States Court of Federal Claims · May 26, 2015

In 1996, amendments to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605A, lifted Libya’s sovereign immunity for its state sponsorship of terrorism. Id. ¶ 25. … Thus, the Court declines to give weight to these cases in determining what qualifies as property under the Takings Clause.

Campbell v. United States

16 Cl. Ct. 690 · United States Court of Claims · Apr 28, 1989

However, such obligation is conditional (as opposed to absolute) upon the availability of funds and the presence of a qualified debtor. … The statute of limitations within which one may initiate an action constitutes a limited waiver of sovereign immunity and therefore must be strictly construed. See Soriano v.

Samish Indian Nation v. United States

82 Fed. Cl. 54 · United States Court of Federal Claims · May 27, 2008

In sum, the Supreme Court held: Because the statutes and regulations at issue in this case clearly establish fiduciary *63 obligations of the Government in the management and operation of Indian lands and resources, they … As noted above, the Supreme Court found qualifying trust relationships in Mitchell II and White Mountain Apache Tribe, and the Federal Circuit found a qualifying trust relationship in Navajo Nation II.

Peters v. Commissioner

21 T.C. 55 · United States Tax Court · Oct 15, 1953

An organization devoted primarily to social ends does not qualify, but social welfare is a very different thing. The term “social” is narrow and primarily self serving. … The evidence clearly shows that the dominant purpose in establishing and maintaining the Foundation was to provide convenient swimming and recreation facilities for all persons residing in Cold Spring Harbor school district

Davis v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 10, 2014

In order to receive compensation, the petition must be supported by either medical records or the opinion of a qualified physician which proves a causal relationship. See § 300aa- 13(a)(1). … Burris further stated that foreign substances cause antigens and that vaccines elicit an immune response and the production of antibodies. Id.

Blazavich v. United States

29 Fed. Cl. 371 · United States Court of Federal Claims · Sep 30, 1993

This is clearly reflected, and admitted, within the four corners of plaintiffs complaint, including attachments, and we so find. … Clearly then, plaintiff has failed to establish a claim upon which relief can be granted through any possible argument that the government has breached an implied contract of bailment with the plaintiff.

Hamza v. United States

39 Cont. Cas. Fed. 76,687 · United States Court of Federal Claims · May 13, 1994

The Tucker Act alone does not create a substantive right to recover money, but instead waives sovereign immunity under specific conditions. United States v. … Accordingly, this court must consider whether plaintiffs letters collectively qualify as a certified claim. 1.

Spooner v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 16, 2014

IVIG “is used to treat a range of immune- mediated neurologic diseases,” including GBS. … As such, and for the reasons explained below, neither a lumbar puncture nor IVIG therapy qualifies as a “surgical intervention.” 1.

Tiara Spooner, Parent of G.S., a Minor v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 16, 2014

IVIG “is used to treat a range of immune- mediated neurologic diseases,” including GBS. … As such, and for the reasons explained below, neither a lumbar puncture nor IVIG therapy qualifies as a “surgical intervention.” 1.

Alberta Gas Chemicals, Inc. v. Blumenthal

467 F. Supp. 1245 · United States Customs Court · Apr 2, 1979

Clearly, in *1253 the present case, plaintiff is not challenging a negative LTFV determination or a decision of the Secretary not to assess anti-dumping duties. … All other than the law of sovereign immunity remain unchanged.

Farrell Lines, Inc. v. United States

667 F.2d 1017 · Court of Customs and Patent Appeals · Feb 4, 1982

Sovereign Immunity As the Supreme Court instructed in Lynch v. … customs procedure; and (4) departed from established rules of appellate review.

Mason v. United States

461 F.2d 1364 · United States Court of Claims · Jun 16, 1972

The Cafoeman case is clearly distinguishable from the West case on both the facts and the law. … This is clearly shown by the following statements of the Court: * * * The purpose of the allotment system was to protect the Indians’ interest and “to prepare the Indians to take their place as independent, qualified members

Rohmann v. United States

25 Cl. Ct. 274 · United States Court of Claims · Feb 11, 1992

According to 26 U.S.C. § 6532 , 6 it is very clear that the United States has waived its immunity to be sued on a limited basis only. … In order to qualify for an exception under Rule 3(b)(2)(C), a plaintiff must meet each of the criteria set out in the Rule.