Case law

Dal-Tile Corp. v. United States

116 F. Supp. 2d 1309 · United States Court of International Trade · Sep 1, 2000

Finally, plaintiff contends defendant’s arguments based on sovereign immunity are irrelevant. According to plaintiff, the statute clearly requires defendant to pay interest. … Otherwise, the United States is immune from an interest award.

Ward v. United States

178 Ct. Cl. 210 · United States Court of Claims · Jan 20, 1967

It is only where the decision of the board is clearly unsupported by substantial evidence or when there was a noncompliance with applicable laws and regulations, that this court may interfere with the findings of the correction … Preliminary examination of your naval record and review of the material submitted by you fails to establish a sufficient basis for further action by this Board.

BARK

14 I. & N. Dec. 237 · Board of Immigration Appeals · Jul 1, 1972

Therefore, we find that he was clearly "unavailable" within the meaning of the regulation permitting substitution, 8 CFR 242.8(b). … He must decide whether the alien qualifies for entry, irrespective of any prior determinations.

Cozart v. Hhs

United States Court of Federal Claims · Nov 5, 2015

Although there was recent immunization, a connection to the death could not be established.” Id. C. … The “immune reaction is . . . silent.” Id. Dr.

United States v. Federal Insurance

605 F. Supp. 298 · United States Court of International Trade · Mar 14, 1985

The traditional elements of estoppel are clearly present in the instant action. … The sovereign’s duly lo protect the public interest is subsumed within the doctrine of sovercign immunity.

George H. Whike Construction Co. v. United States

140 F. Supp. 560 · United States Court of Claims · May 1, 1956

Damages cannot flow from sovereign acts unless Congress waives the Government's sovereign immunity. … However, plaintiff sought to take care of the contingency by submitting a qualified bid, which could have been rejected by defendant.

Wolfchild v. United States

62 Fed. Cl. 521 · United States Court of Federal Claims · Oct 27, 2004

The new test clearly lowers the threshold for establishing that a statute or regulation is money-mandating, for it replaces a normal ‘fairly interpreted’ test with a less demanding test of ‘reasonable amenability’ based on … In Mitchell II , the Supreme Court concluded that the Tucker Act and the Indian Tucker Act constituted the government’s waiver of sovereign immunity and that no further, or second, waiver of sovereign immunity was needed

Intergovernmental Immunity for the Department of Veterans Affairs and Its Employees When Providing Certain Abortion Services

Department of Justice Office of Legal Counsel · Sep 21, 2022

Second, does federal law clearly and unambiguously authorize states to restrict VA and its employ- ees from providing the specified abortion services? We conclude that it does not. … Such exclusions are not compelled by statute, and “VA did not explain the rationale be- hind” them when VA introduced them as part of the establishment of the medical benefits package in 1999.

Todd v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 13, 2020

Moalem-Taylor, The Neuro-immune Balance in Neuropathic Pain: Involvement of Inflammatory Immune Cells, Immune-like Glial Cells and Cytokines, 229 J. of Neuroimmunology 26, 36 (2010), filed as Ex. 44 at on Nov. 11, 2018 (ECF … Lancaster deemed qualified to evaluate the existence of small fiber neuropathies), another comprehensive workup established insufficient objective evidence of neuropathy (although treaters seemed willing to explore the matter

Bona Fide Conglomerate, Inc. v. United States

96 Fed. Cl. 233 · United States Court of Federal Claims · Dec 2, 2010

Specifically, JWOD established the Committee to facilitate the Government’s “purchase of commodities and services from qualified nonprofit agencies.” 41 C.F.R. § 51-1.1 ; see 41 U.S.C. § 46 (a). … Once a good or service is added to the Procurement List, government entities — including executive agencies — are required to procure the good or service from a qualifying nonprofit agency (“NPA”) at a price established by

Journeycake v. Cherokee Nation

28 Ct. Cl. 281 · United States Court of Claims · Apr 24, 1893

There is also a significant provision attached to the law allowing citizenship by intermarriage which shows how clearly the communal character of the property of the Nation is recognized; that is to say, property of which … What, then, were these “rights and immunities” which the Delawares acquired by becoming “members of the Cherokee Nation?”

Konner v. Commissioner

35 T.C. 727 · United States Tax Court · Feb 6, 1961

By agreement dated March 5,1955, petitioner Joan Konner’s father, Martin Weiner, established two separate trusts, naming his wife, Til-lie Weiner, as sole trustee. … We think the trust agreements clearly indicate that it would, and we hold that under the provisions of section 2503(c) the gifts qualify for treatment as gifts of present interests for the purposes of section 2503 (b).

L-S

25 I. & N. Dec. 705 · Board of Immigration Appeals · Jul 1, 2012

Mere economic disadvantage or the inability to practice one’s chosen profession would not qualify as “other serious harm.” Id. … Gonzales, 418 F.3d 1082, 1090-91 (9th Cir. 2005) (finding that a gay man with Acquired Immune Deficiency Syndrome (“AIDS”), who faced unemployment, a lack of health insurance, and the unavailability of necessary medications

Danco Co. v. Commissioner

14 T.C. 276 · United States Tax Court · Feb 28, 1950

As we have previously pointed out, the mere existence of the qualifying features of section 722 (c) does not establish a taxpayer’s right to relief. … average base period net income in addition to showing the existence of the qualifying factors listed in subsections (1), (2), and (3) of section 722 (c).

McGill v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 5, 2023

In Swaiss, the special master concluded, based on evidence not included within this record, that petitioner had established that a form of immune-mediated SFN could be said to represent a “small fiber GBS variant.” … Conclusion Petitioner has clearly suffered and she has my sympathy.

Mahoney Motor Co. v. Commissioner

15 T.C. 118 · United States Tax Court · Aug 11, 1950

It attacked the validity of Regulations 112, section 35.719-1, requiring that to qualify as borrowed invested capital under section 719 an indebtedness must be incurred for business reasons, and also argued in the alternative … This Court found these facts clearly distinguishable from the facts in the Hart-Bartlett case and concluded that the borrowings in question were for business reasons and that the amounts borrowed were includible in the taxpayer

Z-Z-O

26 I. & N. Dec. 586 · Board of Immigration Appeals · Jul 1, 2015

The Immigration Judge determined that the respondent did not establish eligibility for asylum and denied his application. … The respondent appealed, arguing that he qualifies as a “refugee” because he has been harmed and was threatened with harm on account of China’s one-child policy.

PENNER

18 I. & N. Dec. 49 · Board of Immigration Appeals · Jul 1, 1982

Congress, Session 2 (1970), contains the legislative history of Public Law 91-225 which •established the L-1 nonimmigrant classification. … The decision indicates quite clearly that the benefi- ciary possessed knowledge of the parts operation that was shared by no other employee of the compamy and that the beneficiary was essential to the operation of the

Trudeau v. United States

68 Fed. Cl. 121 · United States Court of Federal Claims · Sep 26, 2005

United States, 690 F.2d 1368, 1370 (Fed.Cir.1982) (“[W]e deem it fitting, necessary, and proper to adopt an established body of law as precedent. … Trudeau and the United States does not “clearly and unmistakably” provide that the United States is liable for monetary damages in the event of breach.

Pasco Enterprises v. United States

13 Cl. Ct. 302 · United States Court of Claims · Sep 30, 1987

In short, the position of defendant is that clearly there is no express contract between it and Pasco since the government was not a party to Micro’s lease agreement with Pasco. … Mere allegations of co-existent concern do not establish intent to contract.