38 U.S.C. § 1323
Certifications with respect to circumstances of death
Whenever the Secretary determines on the basis of a claim for benefits filed with the Secretary that a death occurred under the circumstances referred to in section 1476(a) of title 10, the Secretary shall certify that fact to the Secretary concerned. In all other cases, the Secretary shall make the determination referred to in such section at the request of the Secretary concerned.
Notes of Decisions
Cited in 1
case, 2003–2003 · leading case: City of Jacksonville v. Dep't of the Navy, 348 F.3d 1307 (11th Cir. 2003).
City of Jacksonville v. Dep't of the Navy, 348 F.3d 1307 (11th Cir. 2003). “Neither the United States Supreme Court nor any other circuit court has yet addressed whether § 7418(a) waives the federal government’s sovereign immunity from punitive penalties 3 ; however, the Supreme Court has addressed this issue in the context of the CWA federal facilities…”
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