Case law

Little v. United States

124 Fed. Cl. 256 · United States Court of Federal Claims · Nov 23, 2015

In their sur-reply, plaintiffs put forth new and additional reasons on which they base their request for relief, which either were not clearly asserted previously or were entirely absent in their original complaint or amended … As interpreted by the United States Supreme Court, the Tucker Act waives sovereign immunity to allow jurisdiction over claims against the United States (1) founded on an express or implied contract with the United States,

Shell USA, Inc. v. United States

United States Court of Federal Claims · Apr 26, 2023

Cl. 645, 659-60 (2015) (holding immunity was waived by a provision establishing “[a] late charge of five percent (5%) of any payment not paid when due . . . plus a service charge of [1.5%] per month . . . shall be made on … First, the avgas contracts contain an express waiver of immunity for CERCLA charges, and CERCLA establishes that interest is recoverable as a charge.

Dms Imaging, Inc. v. United States

123 Fed. Cl. 645 · United States Court of Federal Claims · Oct 27, 2015

“If a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Ace-Federal Reporters, Inc. v. Barram, 226 F.3d 1329, 1333 (Fed. Cir. 2000) (quoting Locke v. … The frustration of purpose doctrine is clearly inapplicable here.

Astor v. United States

79 Fed. Cl. 303 · United States Court of Federal Claims · Nov 13, 2007

Namely, Defendant cannot show that (1) Plaintiffs qualify as “teachers” engaged in the “imparting of knowledge,” or (2) FLETC qualifies as *306 an “educational establishment.” … FLETC Does Not Qualify as an “Educational Establishment” under OPM’s FLSA Regulations.

PINEDA

20 I. & N. Dec. 70 · Board of Immigration Appeals · Jul 1, 1989

immunizations in 1982 and 1983. … Sworn affidavits clearly are an acceptable means of establishing eligibility for a benefit, and the beneficiary's affidavit, in our opinion, is credible evidence of the petitioner's financial support and personal concern

United States v. Gold Mountain Coffee, Ltd.

601 F. Supp. 215 · United States Court of International Trade · Dec 19, 1984

Defendant Teck Hock & Co., Ltd. clearly states in its motion to amend counterclaim that it seeks only recoupment in its counterclaim for damages. … As will be demonstrated, the court finds that the presence of admittedly sovereign functions in this case does not warrant disregard of the well-established right to recoupment.

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

33 Fed. Cl. 488 · United States Court of Federal Claims · May 10, 1995

Second, petitioner cited a provision indicating that the National Vaccine Act was established “to achieve optimal prevention of human infectious diseases through immunization.” 42 U.S.C. § 300aa-1. … State immunization laws require children to be vaccinated.

Moberly v. Secretary of Health & Human Services

85 Fed. Cl. 571 · United States Court of Federal Claims · Jan 15, 2009

To this end, the authors established criteria or qualifying conditions for “case” children, which included convulsions lasting “more than about” half an hour. … While the Federal Circuit has clearly held that “identification and proof of specific biological mechanisms” are not required to establish causation, see Knudsen, 35 F.3d at 549 , and that “a sequence hitherto unproven in

Holihan v. Secretary of Health & Human Services

45 Fed. Cl. 201 · United States Court of Federal Claims · Oct 14, 1999

He characterizes these sections as the qualifying criteria, entitlement, and the calculation formula. … ”, such that the full amount would automatically be awarded upon the establishment of an impairment under the terms of the Act.

Hopkins v. United States

513 F.2d 1360 · United States Court of Claims · Mar 19, 1975

In Gradall, the court reasoned: The trend of the pertinent decisions, statutes and regulations has generally been to establish that employees of Exchanges are not Federal employees, except for the purpose of unemployment … We are convinced that correction of the harsh result imposed by the above cases was clearly within the intent of Pub. L. 91-350. Although this case is one of first impression regarding the effect of Pub.

Estate of Arrowood v. Secretary of the Department of Health & Human Services

28 Fed. Cl. 453 · United States Court of Federal Claims · May 6, 1993

Standards were established for conduct of proceedings on a petition. Section 12(d)(3)(B). … Clearly, the special master appropriately applied the correct burden of proof in this case after weighing all the evidence including the testimony of the witnesses, and Exhibit 2, which clearly documents the administration

Cochrane v. Commissioner

26 B.T.A. 1167 · United States Board of Tax Appeals · Oct 11, 1932

In its opinion in that case the court restated the rule, as established by the earlier cases, governing the immunity from taxation of all governmental agencies. The respondent also cites Miller v. … The tax collected from the plaintiff was a tax on his right to qualify, in conformity with the law of Ohio, for the office to which he had been appointed, and was a restraint upon his duty to qualify, which might be made

Flores v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 30, 2021

For example, program case law has clearly established that many common vaccine-related treatments that have resulted in inpatient hospitalization by themselves do not qualify for compensation under the surgical intervention … immunity. (Resp’t’s Mot. at 12).

Frost v. United States

115 Fed. Cl. 252 · United States Court of Federal Claims · Mar 25, 2014

It is firmly established that the United States is immune from suit unless it has specifically waived sovereign immunity. See, e.g., United States v. Testan, 424 U.S. 392, 399 (1976); United States v. … In sum, a waiver of sovereign immunity must be “unequivocally expressed,” INS v. St.

MEDICAL UNIVERSITY OF SOUTH CAROLINA

17 I. & N. Dec. 266 · Board of Immigration Appeals · Jul 1, 1978

These international recognition requirements are necessary because in order to qualify for labor certification under Schedule A, Group II, the alien must establish that he is so far above the average member of his field … that he will clearly be an asset to the United States.

Ying v. Commissioner

99 T.C. 273 · United States Tax Court · Aug 31, 1992

It is clearly one of the rights, privileges, exemptions, and immunities “which would otherwise accrue to * * * [the alien] because of the acquisition of an occupational status entitling him to a nonimmigrant status under … If a taxpayer does not qualify for the exemption provided by the U.N.

Preemption of State and Local Requirements Under a PREP Act Declaration

Department of Justice Office of Legal Counsel · Jan 19, 2021

We think that the terms and conditions of the declaration there- fore establish “requirement[s]” by setting forth the terms and conditions under which PREP Act immunity shields the actions of state-licensed pharmacists in … And the statute defines “program plan- ner[s]” eligible for immunity to include persons “who ha[ve] established requirements . . . in accordance with a declaration.” Id. § 247d-6d(i)(6).

National State Bank of Newark v. The United States. The Bowery Savings Bank v. The United States

357 F.2d 704 · United States Court of Claims · Mar 18, 1966

Burr involved garnishment which is a proceeding clearly without the coverage of 28 U.S.C. § 1491 . The same is true of the tort counterclaim in Waylyn. … We are confident that the facts and prior legislative history establish that agency relationship without more. 9 .

Fields v. United States

39 Cont. Cas. Fed. 76,580 · United States Court of Federal Claims · Sep 30, 1993

United States, 26 Cl.Ct. 248, 250 (1992), Judge Nettesheim stated that: The purpose of the EAJA is to lift the “bar of sovereign immunity for award of fees in suits brought by litigants qualifying under the statute.” … affidavit is clearly insufficient); United States v.

Qantas Airways Ltd. v. United States

30 Fed. Cl. 851 · United States Court of Federal Claims · Mar 28, 1994

The Government concedes that Qantas met the established criteria for a controlled entity of a foreign sovereign. … immunity.