alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-188V 

Filed: May 20, 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

SUSAN KELLER, * 

 * 

 Petitioner, * Ruling on Entitlement; Concession;

v. * Influenza (“Flu”) Vaccine; Shoulder

 * Injury Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”) 

 * 

 Respondent. * 

 * 

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On February 8, 2016, Susan Keller (“petitioner”) filed a petition for compensation 

under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et 

seq.,

2 (the “Vaccine Act”). Petitioner alleges that as a result of receiving an influenza 

(“flu”) vaccine on November 17, 2014, she suffered a shoulder injury related to vaccine 

administration (“SIRVA”). Petition at 1. The case was assigned to the Special 

Processing Unit (“SPU”) of the Office of Special Masters.

On May 19, 2016, respondent filed her Rule 4(c) Report in which she conceded

that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, respondent concluded that petitioner’s alleged injury is consistent with 

SIRVA, and that it was caused in fact by the flu vaccine she received on or about 

November 17, 2014. Id. Respondent further stated that no other causes for petitioner’s 

SIRVA were identified, and records show that she suffered the sequela of her injury for 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

more than six months. Id. Thus, based on the medical evidence, petitioner has met the 

statutory requirements for entitlement to compensation. Id.

In view of respondent’s concession and the evidence in the record, the

undersigned finds that petitioner is entitled to compensation. 

IT IS SO ORDERED.

 s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2797 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2797

  To amend the Jacob Wetterling Crimes Against Children and Sexually 
 Violent Offender Registration Act to extend registration requirements 
                       to juvenile sex offenders.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2005

    Mr. Green of Wisconsin introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend the Jacob Wetterling Crimes Against Children and Sexually 
 Violent Offender Registration Act to extend registration requirements 
                       to juvenile sex offenders.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aime Zyla Act of 2005''.

SEC. 2. REGISTRATION REQUIRED FOR JUVENILE SEX OFFENDERS.

    Section 170101(a)(1) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(a)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) a person who was adjudicated a juvenile 
                delinquent for conduct that would be an offense 
                described in subparagraph (A) or (B) if committed by an 
                adult to register as required under subparagraph (A) or 
                (B) if the adjudication were a conviction for the 
                offense.''.
                                 <all>
```
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 69 FR 18803, Apr. 9, 2004.

#### § 200.60 Assurance of completion for offsite facilities.

An assurance of completion for offsite utilities, streets, and other facilities required for a buildable site shall be provided in an amount and form acceptable to the Commissioner, except where a municipality or other public body has, in a manner acceptable to the Commissioner, agreed to install such improvements without cost to the mortgagor.
#### The People of the State of New York, Respondent, v. William Haynes, Appellant.

Judgment of conviction unanimously affirmed. No opinion. Concur — Botein, P. J., Breitel, McNally, Stevens and Steuer, JJ.
I 

109TH CONGRESS 

1ST SESSION H. R. 2819 

To suspend temporarily the duty on certain rubber basketballs. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2005 

Mr. NEAL of Massachusetts introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on certain rubber 

basketballs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CERTAIN RUBBER BASKETBALLS. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.95.09 Rubber basketballs (provided 

for in subheading 

9506.62.80) ......................... Free Free No change On or before 

12/31/2009 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 
2 

•HR 2819 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Council on Disability

# AGENCY:

National Council on Disability (NCD).

*Time and date:*                         3 p.m. e.s.t., January 13, 2005.                    

*Place:*                         National Council on Disability, 1331 F Street, NW., Suite 850, Washington, DC                    

*Status:*                         All parts of this meeting will be open to the public. Those interested in participating in this meeting should contact the appropriate staff member listed below. Due to limited resources, only a few telephone lines will be available for the call.                    

*Agenda:*                         Roll call, announcements, reports, new business, adjournment.                    

# Contact person for more information:

                        Geraldine (Gerrie) Drake Hawkins, PhD., Program Analyst, NCD, 1331 F Street NW., Suite 850, Washington, DC 20004; 202-272-2004 (voice), 202-272-2074 (TTY), 202-272-2022 (fax),                         *ghawkins@ncd.gov*.                    

*Cultural Diversity Advisory Committee Mission:*                         The purpose of NCD's Cultural Diversity Advisory Committee is to provide advice and recommendations to NCD on issues affecting people with disabilities from culturally diverse backgrounds. Specifically, the committee will help identify issues, expand outreach, infuse participation, and elevate the voices of underserved and unserved segments of this nation's population that will help NCD develop federal policy that will address the needs and advance the civil and human rights of people from diverse cultures.                    

      ( print page 77275)    
Dated: December 17, 2004.

Jeff Rosen,

Acting Executive Director and General Counsel and Director of Policy.

[FR Doc. 04-28159 Filed 12-23-04; 8:45 am]

BILLING CODE 6820-MA-M
§ 401.26 Presentation to Commission. ( a ) Where a question or matter of difference arising between the two Governments involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other along the common frontier between the United States of America and Canada is to be referred to the Commission under Article IX of the Treaty, the method of brining such question or matter to the attention of the Commission and invoking its action ordinarily will be as set forth in this section.
( b ) Where both Governments have agreed to refer such a question or matter to the Commission, each Government will present to the Commission, at the permanent office in its country, a reference in similar or identical terms setting forth as fully as may be necessary for the information of the Commission the question or matter which it is to examine into the report upon and any restrictions or exceptions which may be imposed upon the Commission with respect thereto.
( c ) Where one of the Governments, on its own initiative, has decided to refer such a question or matter to the Commission, it will present a reference to the Commission at the permanent office in its country. All such references should conform, as to their contents, to the requirements of paragraph (b) of this section.
( d ) Such drawings, plans of survey and maps as may be necessary to illustrate clearly the question or matter referred should accompany the reference when it is presented to the Commission.
I 

109TH CONGRESS 

1ST SESSION H. R. 2600

To amend the Federal Food, Drug, and Cosmetic Act with respect to the 

sale or trade of prescription drugs that were knowingly caused to be 

adulterated or misbranded, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2005

Mr. SHAW introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL

To amend the Federal Food, Drug, and Cosmetic Act with 

respect to the sale or trade of prescription drugs that 

were knowingly caused to be adulterated or misbranded, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prescription Drug 

5 Tampering Prevention Act of 2005’’. 
2

•HR 2600 IH 

1 SEC. 2. SALE OR TRADE OF PRESCRIPTION DRUGS KNOW2 INGLY CAUSED TO BE ADULTERATED OR MIS3 BRANDED; KNOWING PURCHASE OR TRADE. 

4 Section 303(a) of the Federal Food, Drug, and Cos5 metic Act (21 U.S.C. 333(a)) is amended by adding at 

6 the end the following paragraph: 

7 ‘‘(3) Notwithstanding paragraph (1) or (2), in the 

8 case of a person who violates section 301(a), 301(b), or 

9 301(c) with respect to a drug that is subject to section 

10 503(b)(1)(B), if the person knowingly caused the drug to 

11 be adulterated or misbranded and sells or trades the drug, 

12 or the person purchases or trades for the drug knowing 

13 or having reason to know that the drug was knowingly 

14 caused to be adulterated or misbranded, the person shall 

15 be fined in accordance with title 18, United States Code, 

16 or imprisoned for any term of years or for life, or both.’’. 

17 SEC. 3. OTHER CRIMINAL PENALTIES; CLARIFICATION RE18 GARDING FINES. 

19 Section 303 of the Federal Food, Drug, and Cosmetic 

20 Act (21 U.S.C. 333(a)) is amended—

21 (1) in subsection (a)—

22 (A) in paragraph (1), by striking ‘‘shall be 

23 imprisoned’’ and all that follows and inserting 

24 the following: ‘‘shall be fined in accordance with 

25 title 18, United States Code, or imprisoned not 

26 more than one year, or both.’’; and 
3

•HR 2600 IH 

1 (B) in paragraph (2), by striking ‘‘shall be 

2 imprisoned’’ and all that follows and inserting 

3 the following: ‘‘shall be fined in accordance with 

4 title 18, United States Code, or imprisoned not 

5 more than three years, or both.’’; and 

6 (2) in subsection (b)(1), in the matter after and 

7 below subparagraph (D), by striking ‘‘shall be im8 prisoned’’ and all that follows an inserting the fol9 lowing: ‘‘shall be fined in accordance with title 18, 

10 United States Code, or imprisoned not more than 10 

11 years, or both.’’.

Æ
#### KENNETH N. PLADSEN *v.*COMMISSIONER OF CORRECTION

(AC 24684)

Dranginis, Flynn and McLachlan, Js.

Submitted on briefs May 27

officially released June 28, 2005

Per Curiam.

The judgment is affirmed.
<PAGE>

                                                                   EXHIBIT 99(2)


                   CERTIFICATION PURSUANT TO 18 U.S.C. 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Quarterly Report on Form 10-Q for the period
ended June 30, 2002 (the "Report") of Brantley Capital Corporation (the
"Registrant"), as filed with the Securities and Exchange Commission on the date
hereof, I, Tab A. Keplinger, the Chief Financial Officer of the Registrant
certify, to the best of my knowledge, that:

         (1) The Report fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Registrant.


                                             /s/ Tab A. Keplinger
                                             -----------------------------
                                             Name: Tab A. Keplinger
                                             Date: August 14, 2002
Editorial Note on Part 49
Editorial Note: Nomenclature changes to part 49 appear at 85 FR 75672, Nov. 25, 2020.

§ 49.16 Privacy and confidentiality requirements of swap data repositories. ( a ) Each swap data repository shall: ( 1 ) Establish, maintain, and enforce written policies and procedures reasonably designed to protect the privacy and confidentiality of any and all SDR information and all SDR data that is not swap transaction and pricing data disseminated under part 43 of this chapter. Such policies and procedures shall include, but are not limited to, policies and procedures to protect the privacy and confidentiality of any and all SDR information and all SDR data (except for swap transaction and pricing data disseminated under part 43 of this chapter) that the swap data repository shares with affiliates and non-affiliated third parties; and
( 2 ) Establish and maintain safeguards, policies, and procedures reasonably designed to prevent the misappropriation or misuse, directly or indirectly, of: ( i ) Section 8 material;
( ii ) Other SDR information or SDR data; and/or
( iii ) Intellectual property, such as trading strategies or portfolio positions, by the swap data repository or any person associated with a swap data repository. Such safeguards, policies, and procedures shall include, but are not limited to: ( A ) Limiting access to such section 8 material, other SDR information or SDR data, and intellectual property;
( B ) Standards controlling persons associated with a swap data repository trading for their personal benefit or the benefit of others; and
( C ) Adequate oversight to ensure compliance with this paragraph (a)(2).
( b ) A swap data repository shall not, as a condition of accepting SDR data from any swap execution facility, designated contract market, or reporting counterparty, require the waiver of any privacy rights by such swap execution facility, designated contract market, or reporting counterparty.
( c ) Subject to section 8 of the Act, a swap data repository may disclose aggregated SDR data on a voluntary basis or as requested, in the form and manner prescribed by the Commission.
[85 FR 75659, Nov. 25, 2020]
### §7384g. Authorization of appropriations

#### (a) In general

Pursuant to the authorization of appropriations in section 3103(a),1 $25,000,000 may be used for purposes of carrying out this subchapter.

#### (b) Compensation fund

There is hereby authorized to be appropriated $250,000,000 to the Energy Employees Occupational Illness Compensation Fund established by section 7384e of this title.

(Pub. L. 106–398, §1 [div. C, title XXXVI, §3614], Oct. 30, 2000, 114 Stat. 1654, 1654A–498.)

#### **Editorial Notes**

#### References in Text

Section 3103(a), referred to in subsec. (a), means section 1 [div. C, title XXXVI, §3103(a)] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, 1654A–449, which is not classified to the Code.

1 See References in Text note below.
§ 180.675 Petitions for review. ( a ) The Secretary may affirm, modify or set aside, in whole or in part, the initial decision, or remand the initial decision for further proceedings.
( b ) Any party adversely affected by the ALJ's initial decision may file a motion with the Secretary explaining how and why the initial decision should be modified, set aside, in whole or in part, or remanded for further proceedings. Such petition shall be based only on the following grounds: ( 1 ) A finding of material fact is not supported by substantial evidence;
( 2 ) A necessary legal conclusion is erroneous;
( 3 ) The decision is contrary to law, duly promulgated rules of HUD, or legal precedent; or
( 4 ) A prejudicial error of procedure was committed.
( c ) Each issue shall be plainly and concisely stated and shall be supported by citations to the record when assignments of error are based on the record, statutes, regulations, cases, or other authorities relied upon. Except for good cause shown, no assignment of error by any party shall rely on any question of fact or law not presented to the ALJ.
( d ) Such petitions must be received by the Secretary within 15 days after issuance of the initial decision.
( e ) A statement in opposition to the petition for review may be filed. Such opposition must be received by the Secretary within 22 days after issuance of the initial decision.
( f ) A petition not granted within 30 days after the issuance of the initial decision is deemed denied.
( g ) If the Secretary remands the decision for further proceedings, the ALJ shall issue an initial decision on remand within 60 days after the date of issuance of the Secretary's decision, unless it is impracticable to do so. If the ALJ is unable to issue the initial decision within this time period (or within any succeeding 60-day period following the initial 60-day period), the ALJ shall notify in writing the parties, the aggrieved person on whose behalf the charge was filed, any amicus curiae and the Assistant Secretary, of the reasons for the delay.
Case 3:08-cv-05168-SC Document 32 Filed 02/17/10 Page 1 of 8
Case 3:08-cv-05168-SC Document 32 Filed 02/17/10 Page 2 of 8
Case 3:08-cv-05168-SC Document 32 Filed 02/17/10 Page 3 of 8
Case 3:08-cv-05168-SC Document 32 Filed 02/17/10 Page 4 of 8
Case 3:08-cv-05168-SC Document 32 Filed 02/17/10 Page 5 of 8
17

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Samuel Conti

Case 3:08-cv-05168-SC Document 32 Filed 02/17/10 Page 6 of 8
Case 3:08-cv-05168-SC Document 32 Filed 02/17/10 Page 7 of 8
Case 3:08-cv-05168-SC Document 32 Filed 02/17/10 Page 8 of 8
[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Rules and Regulations]
[Page 76412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27849]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 503

RIN 0702-AA46


Apprehension and Restraint

AGENCY: Department of the Army, DoD.

ACTION: Final rule, removal.

-----------------------------------------------------------------------

SUMMARY: This action removes 32 CFR part 503 published in the Federal 
Register, March 20, 1963 (28 FR 2732). The rule is being removed 
because it is now obsolete.

DATES: Effective December 21, 2004.

ADDRESSES: Headquarters, Department of the Army, Office of the Provost 
Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon, Washington, DC 
20310-2800.

FOR FURTHER INFORMATION CONTACT: Mr. Nate Evans, (703) 693-2126.

SUPPLEMENTARY INFORMATION: The Office of the Provost Marshal General 
(DAPM-MPD-LE), is the proponent for regulations in 32 CFR part 503, and 
has concluded this regulation is obsolete. This regulation has been 
rescinded. Therefore, it would be helpful in avoiding confusion with 
the public if 32 CFR, part 503, is removed.

List of Subjects in 32 CFR Part 503

    Apprehension and restraint.

PART 503--[REMOVED]

0
Accordingly, for reasons stated in the preamble, under the authority of 
Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012, 32 CFR part 503, Apprehension 
and Restraint, is removed in its entirety.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 04-27849 Filed 12-20-04; 8:45 am]
BILLING CODE 3710-08-M
#### The People of the State of New York, Respondent, v David LaFantana, Appellant.

[716 NYS2d 882]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered April 27, 1999, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the People failed to establish beyond a reasonable doubt that he acted with the requisite culpable mental state to support a conviction of criminally negligent homicide. Viewing the evidence adduced at trial in *396the light most favorable to the prosecution (see, *People v Contes,*60 NY2d 620), we find that it was legally sufficient to support the conviction. While operating a vehicle at excessive speed is not in itself sufficient to prove criminal negligence (see, *People v Paris,*138 AD2d 534), the People proved that the defendant’s actions were a gross deviation from the ordinary standard of care (see, *People v Ricardo B.,*73 NY2d 228; *People v Soto,*44 NY2d 683; *see generally, People v Senisi,*196 AD2d 376). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). O’Brien, J. P., Thompson, S. Miller and Feuerstein, JJ., concur.