Legal Opinion

Sebelius v. Cloer

Supreme Court of the United States

Decided May 20, 2013No. 12-236PublishedCited by 529 opinions

1Opinion of the CourtJustice Sotomayor

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*371 The National Childhood Vaccine Injury Act of 1986 (NCVIA or Act), 100 Stat. 3756 , 42 U.S.C. § 300aa-1 et seq., provides that a court may award attorney's fees and costs "incurred [by a claimant] in any proceeding on" an unsuccessful vaccine-injury "petition filed under section 300aa-11," if that petition "was brought in good faith and there was a reasonable basis for the claim for which the petition was brought." § 300aa-15(e)(1). The Act's limitations provision states that "no petition may be filed for compensation" more than 36 months after the claimant's initial symptoms occur. §…

2Cases cited19 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Artuz v. BennettSupreme Court of the United States · 2000
  3. United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
  4. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  5. Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002

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3Cited by529 opinions

  1. University of Tex. Southwestern Medical Center v. NassarSupreme Court of the United States · 2013
  2. Octane Fitness, LLC v. Icon HealthSupreme Court of the United States · 2014
  3. Chuisano v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2014
  4. Mississippi Ex Rel. Hood v. AU Optronics Corp.Supreme Court of the United States · 2014
  5. Raymo v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2016

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