· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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