How cited: New York & Presbyterian Hospital v. United States · Go Syfert

New York & Presbyterian Hospital v. United States (2018)

green · 113 citation events across 5 courts. Showing the 45 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2018 → 2026 · click a year to view the case as of then
201820222026
But See · Fed. Cl. · signal: but see · 2 citations in this opinion
Cir. 1990); but see N.Y. & Presbyterian Hosp., 881 F.3d at 877 (reviewing legislative history of the IRC for guidance on application of the code).
reviewing legislative history of the IRC for guidance on application of the code
Rule Authority · Fed. Cir.
N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cir.
N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cir.
Case: 19-2325 Document: 49 Page: 8 Filed: 04/16/2021 8 BOAZ HOUSING AUTHORITY v. UNITED STATES money damages.” N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cir.
“Courts may also rely on legis- lative history to inform their interpretation of statutes.” N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 887 (Fed.
Rule Authority · Fed. Cl. · 6 citations in this opinion
New York & Presbyterian Hosp. v. United States, 881 F.3d 877, 882 (Fed.
Rule Authority · Fed. Cl. · 5 citations in this opinion
The Federal Circuit did not elevate statutory purpose above the text; it merely noted that “[t]he 10 legislative history of § 3102(b) further supports [its] conclusion that § 3102(b) is reasonably amenable to an interpretation that it is money-mandating.” See N.Y. & Presbyterian Hosp., 881 F.3d at 887-88 (emphasis added).
emphasis added
Rule Authority · Fed. Cl. · 3 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216–17 (omission added); see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 (omission added); see also United States v. White Mountain Apache Tribe, 537 U.S. at 472 ; N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
green Curie v. United States (2022)
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States. . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States 6 Discussion of plaintiff’s EAJA claim is at the end of this Opinion and can only succeed if plaintiff succeeds on at least portions of its substantive claims. 12 . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
green James v. United States (2021)
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States... .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
green Tapia v. United States (2019)
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
green Allen v. United States (2019)
Rule Authority · Fed. Cl. · 2 citations in this opinion
Cir. 2018). 3 Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
green Braun v. United States (2019)
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States... .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
green Beres v. United States (2019)
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
United States v. l\flitchell, 463 U.S. at 216 ; see also United States v. White lVlountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbvterian l-losp. v. United States 881 F.3d 877, 881 (Fed.
green Wall v. United States (2019)
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States .... " United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
green Perez v. United States (2019)
Rule Authority · Fed. Cl. · 2 citations in this opinion
The claim must be one for money damages against the United States . . . .” United States v. Mitchell, 463 U.S. at 216 ; see also United States v. White Mountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl. · 2 citations in this opinion
Although the phrase “civil action” within Section 11(a)(5)(B) of the Vaccine Act is undefined in the Vaccine Act, as previously noted, it is a “fundamental canon of statutory construction” that words “will be interpreted as taking their ordinary, contemporary common meaning, which may be derived from [d]ictionaries from the era of [the statutory provision]’s enactment.” N.Y. & Presbyterian Hosp. v. United States, 881 F.3d at 882 (internal quotation marks omitted; alterations…
internal quotation marks omitted; alterations in original
green Payne v. United States (2018)
Rule Authority · Fed. Cl. · 2 citations in this opinion
United States v. lVlitchell, 463 U.S. at 216 ; see also United States v. VVhite Nlountain Apache Tribe, 537 U.S. 465, 472 (2003); N.Y. & Presbvterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl.
A. “Fully or Partially Suspended” The CARES Act does not include a definition of the phrase “fully or partially suspended.” The Court must therefore interpret it in accordance with its “ordinary, contemporary, common meaning.” N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 882 (Fed.
quoting Sandifer v. U.S. Steel Corp., 571 U.S. 220, 227 (2014)
Rule Authority · Fed. Cl.
Under that fundamental canon, “unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning.” Sanifer v. U.S. Steel Corp., 571 U.S. 220, 227 (2014) (quoting Perrin v. United States, 444 U.S. 37, 42 (1979); New York & Presbyterian Hosp. v. United States, 881 F.3d 877, 882 (Fed.
Rule Authority · Fed. Cl.
Cir. 2005) (omission added; alterations in original); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Rule Authority · Fed. Cl.
Cir. 2005) (omission added; alterations in original))); N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
Quote Authority · Tax Ct.
The amendment does indeed use the word “assessment” in the heading of section 6501(l)(4)(C)—styled “Period for assessment in case of income tax return.” (Emphasis added.) Although titles in the Code do not have legal effect, see I.R.C. § 7806(b) (stating that no “descriptive matter re- lating to the contents of [the Code shall] be given any legal effect”); see also Rowen v. Commissioner, 156 T.C. 101 , 112 n.9 (2021) (first citing United States v. Reorganized CF & I Fabricat…
“[T]itles [in the Code] have no legal effect . . . .”
green Cory H. Smith (2022)
Quote Authority · Tax Ct.
Hosp. v. United States, 881 F.3d 877 , 886 n.13 (Fed.
“[T]itles [in the Code] have no legal effect . . . .”
Quote Authority · W.D. Mich.
See Maxfield v. U.S. Postal Serv., 752 F.2d 433, 434 (9th Cir. 1984) (“The employer is immune from liability to the employee for the withholding, since the duty to withhold is mandatory, rather than discretionary in nature.”); New York & Presbyterian Hosp. v. United States, 881 F.3d 877, 886 (Fed.
“§ 3403 . . . provide[s] that the ‘employer . . . shall not be liable to any person for the amount of any such payment’ for taxes deducted . . . such that employers are immunized from employee suits for reimbursement of taxes deducted by the employer.”
green Ross v. United States (2021)
Rule Authority · Fed. Cl.
Importantly, the Tucker Act “does not create any substantive right enforceable against the United States for money damages.” N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
emphasis omitted
green R.V. v. Mnuchin (2020)
Rule Authority · D. Maryland
See, e.g., Pfizer Inc. v. United States, 939 F.3d 173 , 179 (2d Cir. 2019) (finding Court of Federal Claims had jurisdiction under Tucker Act for suit regarding tax overpayment interest under 26 U.S.C. § 1611 ); New York & Presbyterian Hosp. v. United States, 881 F.3d 877, 888 (Fed.
holding that 26 U.S.C. § 3102 (b) regarding Federal Insurance Contribution Act taxes is a money-mandating provision providing jurisdiction under the Tucker Act
Rule Authority · Fed. Cl.
N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
green Allen v. United States (2018)
Rule Authority · Fed. Cl.
The Tucker Act “is only a jurisdictional statute[,] it does not create any substantive right enforceable against the United States for damages.” NY and Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.
emphasis added in original
Rule Authority · Fed. Cl.
N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 882 (Fed.
citing BedRoc Ltd. v. United States, 541 U.S. 176, 183 (2004) (observing that the court’s inquiry “begins with the statutory text[] and ends there as well if the text is unambiguous”)
Cited (see also) · Fed. Cl. · signal: see also
United States v. Mitchell, 463 U.S. 206 , 216–17 (1983) (internal citations omitted); see also N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877 , 882–88 (Fed.
determining “shall be indemnified” in I.R.C. § 3102(b) was money-mandating
Cited · Fed. Cl. · signal: see
See N.Y. & Presbyterian Hosp. v. United States, 881 F.3d 877, 881 (Fed.