Case law

Holt v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 16, 2015

Wiznitzer to be the most qualified and reliable witness. … Clearly, Dr.

Jackson v. United States

55 Fed. Cl. 157 · United States Court of Federal Claims · Jan 10, 2003

Regardless, plaintiff eventually was informed that she qualified for no benefits under the SBP. … Plaintiff attempts to establish her lack of knowledge in several ways.

Raines v. United States

12 Cl. Ct. 530 · United States Court of Claims · Jun 19, 1987

Block, 771 F.2d at 348 n. 1 (section 1429 does not immunize Secretary of Agriculture’s actions from judicial review); Gonzalez v. … First, plaintiffs have clearly failed to demonstrate that the traditional elements of estoppel are present. See Pratte v.

Bagley v. Commissioner

85 T.C. 663 · United States Tax Court · Oct 30, 1985

Although petitioner argues otherwise, a review of the facts herein clearly establishes that the option was granted by Spencer Foods in connection with petitioner’s performance of services. … Petitioner concedes that the option was not actively traded on an established market.

Community Health Choice, Inc. v. United States

United States Court of Federal Claims · Feb 15, 2019

In conjunction with these reforms, the Act provided for the establishment of an American Health Benefit Exchange (“exchange”) in each state by January 1, 2014, to facilitate the purchase of “qualified health plans” by individuals … The Tucker Act, the principal statute governing the jurisdiction of this court, waives sovereign immunity for claims against the United States, not sounding in tort, that are founded upon the United States Constitution, a

Gray v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 29, 2016

What petitioners must establish to receive the benefits of equitable tolling based on mental incapacity. … Petitioner must establish that her failure to file a timely claim was a direct result of her five month mental incapacity.

FN Manufacturing, Inc. v. United States

42 Cont. Cas. Fed. 77,395 · United States Court of Federal Claims · Oct 28, 1998

Specifically, while that proposal clearly identified FNMI as a qualified small-arms manufacturer with substantial experience in Government procurements, including, in particular, experience in the manufacture of the closely … The Addendum, as a Violation of the Competition in Contracting Act (CICA) Our holding that the Government has the right to relinquish its interest in technical data does not, however, immunize the Addendum from challenge

Exxon Corp. v. United States

547 F.2d 548 · United States Court of Claims · Dec 15, 1976

qualified for the option *261 to expense such, costs. … Reliance on these cases for such a well-established rule of tax law illustrates the poverty of defendant’s argument and reveals to what extent it would mutilate the specific exception to the general rule as spelled out in

Joseph A. Celano v. James B. Peake

22 Vet. App. 341 · United States Court of Appeals for Veterans Claims · Jan 6, 2009

The Court discerns no ambiguity in the statutory provisions establishing these requirements. See Chevron U.S.A., Inc. v. Natural Res. Def. … This conclusion by the Board is not clearly erroneous.

Clinicomp International, Inc. v. United States

134 Fed. Cl. 736 · United States Court of Federal Claims · Oct 18, 2017

And so, while a plaintiff need not show that it would have received the award in a competition, a plaintiff must show that it would have been a qualified bidder or offeror to establish standing. Id. at 1370-71. … Because CliniComp has not established standing, CliniComp similarly fails to establish that it is entitled to the injunctive relief that it seeks in this matter.

Statesman Savings Holding Corp. v. United States

26 Cl. Ct. 904 · United States Court of Claims · Jul 24, 1992

The clause thus clearly encompasses FHLBB Resolution 88-169 which was issued the same day as the Assistance Agreement. … While Congress clearly may alter the regulatory treatment of supervisory goodwill, it must also honor the plaintiffs’ rights.

Olson v. United States

123 Ct. Cl. 141 · United States Court of Claims · Jul 15, 1952

As shown in findings 4 and 5, plaintiff was physically examined on April 17,1942, and was found physically qualified for active duty. … The interpretation of Alnav 209 by the Chief of Naval Personnel was clearly consistent with the facts of plaintiff’s case.

Snyder v. Principi

16 Vet. App. 62 · United States Court of Appeals for Veterans Claims · Apr 11, 2002

Clearly, VA internal procedures cannot trump these higher authorities. … principles of sovereign immunity.

L-G-H

26 I. & N. Dec. 365 · Board of Immigration Appeals · Jul 1, 2014

The DHS has argued that even a purely strict liability offense would qualify as an “illicit trafficking” aggravated felony. … However, we need not decide whether such conduct fits within the scope of “illicit trafficking” because the statute is clearly divisible, and the modified categorical approach applies.10 See Descamps v.

Associated Master Barbers & Beauticians, Inc. v. Commissioner

48 A.L.R. Fed. 165 · United States Tax Court · Oct 20, 1977

Petitioner is clearly an association of persons having a common business interest. … Petitioner is clearly a membership organization.

Ferguson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 5, 2022

When this level is reached, either the clinical picture of disease or immunity occurs. Id. Dr. Forman opined that “post-immunization . . . … The word “definitely” is defined as “without doubt” or “clearly.” 50 However, the applicable burden of proof here is preponderant evidence, more likely than not. § 13(a)(1); Moberly, 592 F.3d at 1322 n.2.

Wagner v. United States

56 Fed. Cl. 634 · United States Court of Federal Claims · Jun 4, 2003

JURISDICTION The United States is immune from suit unless Congress specifically waives the government’s sovereign immunity. See United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976). … United States, 124 F.3d 1462,1465 (Fed.Cir.1997) (stating that “[i]t is well established that 37 U.S.C. § 204 ... serves as the money-mandating statute applicable to military personnel claiming damages and ancillary relief

Florsheim Shoe Co., Div. of Interco, Inc. v. United States

570 F. Supp. 734 · United States Court of International Trade · Jul 7, 1983

Clearly, Florsheim has standing to claim entitlement to duty-free treatment of its importations under the GSP and challenge the classification and assessment of duties by Customs. … Thus, it is clear that section 504(d) is designed merely to qualify the application of the competitive need formula prescribed by section 504(c)(1)(B).

Martin v. United States

12 Cl. Ct. 223 · United States Court of Claims · Apr 16, 1987

The EAJA specifically permits adjustment of the hourly rate to account for increases in the cost of living, and for a limited availability of qualified attorneys. … It is well established that courts will not reimburse parties for such items as travel, telephone and postage. Massachusetts Fair Share v.

Renda Marine, Inc. v. United States

71 Fed. Cl. 782 · United States Court of Federal Claims · Jun 30, 2006

“Absent any express and unequivocal statutory basis, this court may not, under long established principles, waive or extend a statutory limitation on the sovereign’s immunity to suit.” Dico, Inc. v. … App (Final Decision) at 5 (clearly and expressly informing plaintiff of its appeal rights and applicable limitations periods).