Case law

Barksdale v. United States

United States Court of Federal Claims · Nov 20, 2024

Similarly, it is well-established that this Court is not a forum for all “federal 1 See U.S. Court of Federal Claims: The People’s Court, THE FED. … Cir. 2002) (“The Court of Federal Claims is not a district court of the United States.”). 6 Not only does Plaintiff bring claims under the FTCA, but his claims clearly sound in tort.

Chrysler Corp. v. United States

87 F. Supp. 2d 1339 · United States Court of International Trade · Feb 7, 2000

Ford Motor Co., 157 F.3d at 860; see also id. at 857 ("[F]or an error to be correctable, it must simultaneously qualify as at least one of the three enumerated types and not qualify as an 'error in the construction of … Although, in Executone, the CAFC did not explicitly discuss the issue of timing, its silence on the issue -- in the face of an importer's clearly established knowledge of its factual mistake prior to liquidation -- demonstrates

Nifakos v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 12, 2021

Credibility of the Experts I will note at the outset that while all of the experts were qualified to testify in this proceeding, I found Dr. … These impressive qualifications render him especially qualified to opine on the issues germane to this case.

Stovall v. Commissioner

101 T.C. 140 · United States Tax Court · Jul 29, 1993

Stovall and her brother setting forth such a risk, and, in the absence of documentation or other evidence establishing a clear risk on the part of Mrs. … The information clearly disclosed the cash rental of the property by petitioner’s brother, Mr. Keyes.

H.L. Ex Rel. A.I. v. Secretary of Health & Human Services

129 Fed. Cl. 165 · United States Court of Federal Claims · Sep 29, 2016

Kingsley et al., Immunizations for Patients with Metabolic Disorders, 118 PEDIATRICS 460–70 (2006)) Therefore, the Special Master found Dr. … In this case, however, the Special Master established that “unlike the appellate posture presented in Paluck, [here, the Government] clearly is vigorously contesting Petitioner’s ‘general causation’ theory.” 3/17/16 Dec.

MARTINEZ-GOMEZ

14 I. & N. Dec. 104 · Board of Immigration Appeals · Jul 1, 1972

If he so qualifies, then he may properly be accorded a preference status under section 203(a) of the Act, assuming he is otherwise qualified. … In order to qualify, it must be established (1) that he is an alien spouse, (2) that he will be "accompanied by" his spouse within the meaning of that term's definition found in 22 CFR 42.1, (3) that the accompanying spouse

Whitehead v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 25, 2021

Whitehead provided the following history: [He] was behind on his vaccine/immunizations and one week ago [he] had multiple vaccines to help catch him up on his immunization. … First, and most importantly, the record clearly establishes that K.J.’s post-vaccination symptoms manifested outside the 5-15 day timeframe.

Tionesta Sand & Gravel, Inc. v. Commissioner

73 T.C. 758 · United States Tax Court · Jan 31, 1980

Concluding that the plan in its original form clearly did not qualify, the Court refused to hold that the plan was entitled to qualified status because plan defects were never brought into operation. 9 By amending the plan … Sec. 1.401-6 Termination of a qualified plan.

Berenji v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 24, 2019

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … I do not see any reference to whether any immune stimulus can be enough to trigger the failure of the regulatory immune system.

Harrington v. Commissioner

93 T.C. 297 · United States Tax Court · Aug 31, 1989

Section 911(d)(1), defines the term “qualified individual” as follows: (1) The term “qualified individual” means an individual whose tax home is in a foreign country and who is— (A) a citizen of the United States and establishes … Paragraph (1) of section 911(d) thus establishes two requirements which a taxpayer must meet in order to be considered a qualified individual for purposes of section 911(a).

Madan v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 12, 2023

immune-mediated disorder.” … “Generally waving the wand of molecular mimicry over the interaction between vaccines and brachial neuritis is clearly not sufficient.” Id. 42 M. B. A.

Kalajdzic v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 12, 2022

immune tolerance,” or what role the innate, immediate immune response plays in an autoimmune disease. … At most, A.K.’s initial presentation was “non-specific,” but he later began to display symptoms clearly reflective of narcolepsy, which diagnostic testing supported. Id. Dr.

A. B. Farquhar Co. v. Commissioner

28 T.C. 748 · United States Tax Court · Jun 27, 1957

In view of that fact, the mere establishment of a hydraulic press department does not constitute a qualifying change in the character of its business. … However, it is well established that a change in the character of a taxpayer’s business must be substantial, and a causal connection must exist between the qualifying factors and an increased level of earnings.

Ware v. Secretary of the Department of Health & Human Services

28 Fed. Cl. 716 · United States Court of Federal Claims · Jul 30, 1993

Alternatively, to obtain compensation for an off-Table injury, petitioner must establish causation-in-fact in order to establish a prima facie case. Ultimo v. Secretary of HHS, 28 Fed.Cl. 148, 150 (1993). … Sperry stated that “the history suggests the temporal relationship between DPT immunization and onset of seizures and encephalopathy.” However, temporal association is not sufficient to prove causation-in-fact.

Porch v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 3, 2023

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v.

Fazi v. Commissioner

105 T.C. 436 · United States Tax Court · Dec 19, 1995

The merged amount is clearly greater than 25 percent of the gross income amount. … Respondent states in her brief that plan 2 was qualified. We will treat this as a concession on respondent’s part that plan 2 was qualified.

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8 I. & N. Dec. 100 · Board of Immigration Appeals · Jul 1, 1958

In order to qualify for adjustment of status under this section an applicant must establish that he (1) was physically present in the United States on July 1, 1957; (2) is the beneficiary of an approved visa petition for … moral character shall be established (Matter of N—, A-4532071, 7 I. & N.

Leming v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 17, 2022

(citing Ex. 10 at 8-9; Ex. 12 at 2). 4 And there otherwise is no evidence offered establishing immune dysregulation after the ITP had resolved, such that it could constitute some other form of ITP sequelae. … A vaccination scheduled was established. Id. at 26, 29. 5 The October 2021 lab results were not interpreted by Dr. Forbes as suggesting A.L. was at risk for ITP or immune dysfunction.

Robert H. Gray v. Robert A. McDonald

27 Vet. App. 313 · United States Court of Appeals for Veterans Claims · Apr 23, 2015

The Federal Circuit clearly stated that this language "qualifies as interpretation rather than reiteration." Id. 6 Mr. Haas never entered a harbor or port because his ship carried explosive materials. … As the Board clearly stated in the decision on appeal, VA's policy designates Da Nang Harbor as blue water and, therefore, anchoring in the harbor is insufficient to establish entitlement to the presumption.

Topeka State Journal, Inc. v. Commissioner

34 T.C. 205 · United States Tax Court · May 16, 1960

Petitioner seeks relief under section 722(c), claiming that it qualifies for relief under subsection (l). 2 In order to qualify for relief under the provisions of section 722(c), a taxpayer must establish the existence of … within the meaning of section 722(c) (1), and that the petitioner has failed to establish that it qualifies for excess profits tax relief under section 722(c) (1).