Case law

Kreizenbeck v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 2, 2018

Boles was eminently qualified to opine. But, as noted above, I find (based on a comparison of Dr. Boles’s report with those of Drs. … Rather, the record establishes that (a) C.J.K.

OCAMPO

22 I. & N. Dec. 1301 · Board of Immigration Appeals · Jul 1, 2000

We observe that, in the respondent’s case, all but one of these precon- ditions have clearly been met. … If there were no other issues in this case, the respondent’s appeal would qualify for summary dis- missal as contemplated by 8 C.F.R. § 3.1(d)(1-a)(D) (1999).

A-T

25 I. & N. Dec. 4 · Board of Immigration Appeals · Jul 1, 2009

Further, she did not qualify for an exception to the filing deadline based on changed circumstances related to when she learned about the arranged marriage. See 8 C.F.R. § 1208.4(a)(4) (2005). … The Immigration Judge found that the respondent’s past experience with FGM did not qualify her for the prospective relief of withholding of removal.

Hahn v. Comm'r

110 T.C. 140 · United States Tax Court · Mar 4, 1998

Later Act Does Not Cover Whole Subject Moreover, it cannot be said that “the later act covers the whole subject of the earlier one and is clearly intended as a substitute”. … Again, respondent’s argument fails to establish either an irreconcilable conflict or that the later act covers the whole subject of the earlier one.

De Give v. United States

7 Ct. Cl. 517 · United States Court of Claims · Dec 15, 1871

The law and practice of Belgium are most clearly stated in the words of the witness: “ Question. … We are of the opinion that the testimony clearly and incontrovertibly establishes the right of the claimant to bring his action in this court.

Skaraborg Invest USA, Inc. v. United States

9 F. Supp. 2d 706 · United States Court of International Trade · Apr 27, 1998

Rather, Skara-borg argues that a trial is necessary to establish whether the reimported subject merchandise qualifies for duty-free treatment under HTSUS 9801.00.20 or 9801.00.25. … The molding machines at issue clearly fall within this description.

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

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.

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).

Ray Campbell, Wise & Wright, Inc. v. Commissioner

15 T.C. 894 · United States Tax Court · Dec 18, 1950

To qualify for relief under the provisions of section 722 (b) (3) (B), a taxpayer must first establish that its excess profits tax credit based on income is an inadequate standard of normal earnings tecaus.e— (3) the business … To qualify for such relief it would seem that Section T22 (b) (5) is applicable as a combination of the two above quoted sections.

WANG

23 I. & N. Dec. 924 · Board of Immigration Appeals · Jul 1, 2006

The language chosen by Congress in the current version of section 245(i) clearly refers to the act of filing an immigrant visa petition. … Therefore, these regulatory provisions clearly preclude his eligibility for adjustment under section 245(i). 4. 1997 Amendments to Section 245(i) As discussed above, Congress initially amended section

Brown v. United States

30 Fed. Cl. 227 · United States Court of Federal Claims · Dec 30, 1993

The ABCMR denied plaintiffs application, finding that “[t]he facts in this case clearly show that his rights were not violated, that he was properly discharged on 16 November 1988, and he is not due back pay and allowances … DISCUSSION SUBJECT-MATTER JURISDICTION The United States enjoys immunity from suit unless Congress expressly provides otherwise. United States v. Shaw, 309 U.S. 495, 500 , 60 S.Ct. 659, 661 , 84 L.Ed. 888 (1940).

Sherril K. Stillwell v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 17, 2013

Kinsbourne noted that such cases were “clearly mentioned in the literature.” Tr. 38. … Thus, petitioner cannot establish a Table injury. Instead, she must establish that the vaccine she received caused her neurologic complications. See Cedillo v. Sec’y of Health & Human Servs., 617 F.3d 1328, 1335 (Fed.

Change-All Souls Housing Corp. v. United States

671 F.2d 463 · United States Court of Claims · Feb 10, 1982

Reg. §§ 1.509 (a)-4(c), (d), and (e), establish "organizational” and *393 "operational” tests. … We hold that plaintiff qualifies under both tests. 1. Organizational.

Haas & Assocs. Accountancy Corp. v. Comm'r

117 T.C. 48 · United States Tax Court · Aug 10, 2001

The portions of respondent’s regulations under section 7430 that establish this requirement generally to participate in an Appeals Office conference are set forth below: Sec. 301.7430-1. … Clearly, the regulations do not impose any such absolute condition, and we have not so held.

RODRIGUEZ-TEJEDOR

23 I. & N. Dec. 153 · Board of Immigration Appeals · Jul 1, 2001

Nor are we persuaded that he can establish a derivative citizenship claim under post-CCA section 320. … INS: the respondent cannot qualify as a United States citizen because, although he qualifies in all respects with the conditions of section 320 of the Act, as amended by the Child Citizenship Act of 2000, Pub. L.

Florida Sugar Marketing and Terminal Ass'n v. United States

40 F. Supp. 2d 479 · United States Court of International Trade · Mar 23, 1999

In this action plaintiff seeks to have declared unconstitutional the Harbor Maintenance Tax (HMT) established by 26 U.S.C. §§ 4461, 4462 (1994), as applied to interstate shipments. … The Dooley court, however, clearly held that the tax at issue was a valid tax on imports into Puerto Rico. Dooley, 183 U.S. at 155.

Hyundai Steel Co. v. United States

701 F. Supp. 3d 1398 · United States Court of International Trade · May 2, 2024

Instead, the court explained, Commerce had “relied on the existence of the criteria per se to establish specificity” pursuant to 19 U.S.C. § 1677(5A)(D)(i) instead of making the findings necessary to establish “an explicit … Commerce contrasted the “internationally-oriented manufacturing subsectors” that qualified for the full allocation with the “broader spectrum of manufacturing groups” that qualified for the standard allocation.

HARKINS v. United States

United States Court of Federal Claims · Oct 14, 2025

Cl. at 609 (“[I]f a plaintiff cannot establish that he is currently on active duty, he must assert and ultimately establish that his separation was involuntary in order to fit within the scope of, and take advantage of, the … On the issue of competence, counsel have demonstrated their expertise throughout this litigation, and their track record handling similar cases—including class actions—is clearly sufficient. 11 But given plaintiffs’ failure

Donaldson v. Commissioner

51 T.C. 830 · United States Tax Court · Feb 25, 1969

Johnson, 316 U.S. 481, 485 (1942), which held that Army post exchanges are immune from State tax because such organizations are “arms of the Government deemed by it essential for the performance of governmental functions, … (sec. 1.911-1 (a) (1)) state that to qualify for the sec. 911(a) exclusion a taxpayer must show, among other things, that he was “not paid by the United States or any agency or instrumentality thereof.”