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· 3/6/1995

Ruby Flowers, Administratrix for the Estate of Melissa J. Malone v. Secretary of the Department of Health and Human Services

Citations

  • 49 F.3d 1558
  • 1995 U.S. App. LEXIS 4289
  • 1995 WL 88120

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that § 300aa-11(a)(5)(B) “prohibit[s] the filing of any Vac- cine Act petition in which the petitioner has a co-pending civil action, irrespective of the date of that co-pendency”
  • treating a Vaccine Act petition filed one day after a civil state complaint as a nullity
  • construing § 11(a)(5)(B) “to prohibit the filing of any Vaccine Act petition in which the petitioner has a co-pending civil action” and affirming dismissal even when the state civil action was dismissed during pendency of the Vaccine Act petition
  • statutory interpretation begins with the language of the statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Rich, Clevenger, Bryson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.