This morning, the Federal Circuit released two precedential opinions. Both come in appeals of decisions from the Court of Federal Claims. One comes in a vaccine case, and the other in a takings case. Notably, the opinion in the vaccine case is one that has been modified and reissued following a petition for rehearing. Here are the introductions to the opinions.
White v. Secretary of Health and Human Services (Precedential)
Ronald E. White appeals from a decision of the United States Court of Federal Claims (“the Claims Court”) sustaining a special master’s denial of his claim for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (“the Vaccine Act”). White v. Sec’y of Health & Hum. Servs., 168 Fed. Cl. 660 (2023) (“Claims Court Decision”); White v. Sec’y of Health & Hum. Servs., No. 20-1319V, 2023 WL 4204568 (Fed. Cl. June 2, 2023) (“Special Master Decision”). We affirm.
Ablan v. United States (Precedential)
Appellees and Cross-Appellants (collectively, “Plaintiffs”) owned property interests upstream of the Addicks and Barker Dams in Houston, Texas. The Army Corps of Engineers (“the Corps”) designed and operated these dams with the goal of preventing flooding in downtown Houston during storms. Plaintiffs allege that the protocol adopted by the Corps included using all available reservoir storage to protect downtown Houston, even at the cost of flooding private lands. When Hurricane Harvey struck in 2017, Plaintiffs’ properties flooded, and they subsequently sued the government in the United States Court of Federal Claims.
The Court of Federal Claims found the government liable for taking permanent natural-disaster flowage easements across Plaintiffs’ properties. See In re Upstream Addicks & Barker (Tex.) Flood-Control Reservoirs, 146 Fed. Cl. 219, 264 (2019) (“Liability Decision”). After the liability trial, Plaintiffs moved to certify a class for liability purposes. The Court of Federal Claims denied class certification based on the untimeliness of Plaintiffs’ motion and the criteria for certification. See In re Upstream Addicks & Barker (Tex.) Flood-Control Reservoirs, 157 Fed. Cl. 189, 193 (2021) (“Class Certification Decision”). The Court of Federal Claims then selected six bellwether properties for a damages trial, where it awarded a total of $454,535.03, plus interest from the date of taking. In re Upstream Addicks & Barker (Tex.) Flood-Control Reservoirs, 162 Fed. Cl. 495, 534 (2022) (“Damages Decision”).
The government appeals the Liability Decision, arguing that its operation of the dams was not a taking. Cross-Appellants appeal the Class Certification Decision, contending that their motion was timely. Both the government and Cross-Appellants appeal the Damages Decision; the government contends that the Court of Federal Claims erroneously awarded “consequential damages” for leasehold advantage, lost rent, displacement, and damaged personal property. Meanwhile, Cross-Appellants contend that the Court of Federal Claims erred by offsetting generally available Federal Emergency Management Agency (“FEMA”) relief and by awarding Ms. Popovici $0 for a permanent flowage easement on her property. We affirm the decisions of the Court of Federal Claims as to liability and class certification. With respect to damages, we affirm the decision as to leasehold advantage, damaged personal property, and offsetting of FEMA relief, but vacate the decision as to lost rent, displacement, and the valuation of Ms. Popovici’s easement.