Case law

Berenji v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 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.

Malinowski v. Commissioner

71 T.C. 1120 · United States Tax Court · Mar 29, 1979

Clearly, under such Rules, the petitioners were required to raise the duty of consistency issue in their pleadings; yet, their pleadings contain no mention of it. Accordingly, the issue has not been properly raised. … The evidence does not establish any of the circumstances surrounding the audit of Mr.

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.

Thompson v. Murray

84 F.2d 202 · Court of Customs and Patent Appeals · Jun 17, 1936

Grundman was the man who actually made Exhibit 122, and a synchronizer like Exhibit 128, and hence is best qualified to recall the structure of these devices. … The nature of the tests conducted by Murray in the shop during June and July, 1922 is very clearly brought out in the testimony.

Grumman Data Systems Corp. v. United States

39 Cont. Cas. Fed. 76,550 · United States Court of Federal Claims · Aug 11, 1993

The waiver of sovereign immunity must be expressed unequivocally and cannot be implied. United States v. … Plaintiff concedes, however, that it does not qualify for recovery under EAJA.

Giannantonio v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 30, 2023

Standards for Adjudication A petitioner is required to establish his case by a preponderance of the evidence. 42 U.S.C. § 300aa–13(1)(a). … Ghacibeh has not persuasively shown that he is better positioned or better qualified than these two pediatric neurologists. See Lombardi v. Sec’y of Health & Hum. Servs., 656 F.3d 1343, 1353-54 (Fed.

Georgia Wholesale Co. v. United States

84 Ct. Cl. 150 · United States Court of Claims · Dec 7, 1936

A number of witnesses well qualified to testify as to the fair market value of these shoes were called and testified with reference to the matter. … Clearly this cannot be done.

Arthur C. Schmid, Jr. v. The United States

436 F.2d 987 · United States Court of Claims · Jan 22, 1971

for a readjustment payment, the last sentence of that subsection appears to reduce the minimum qualifying service to 4 years and 6 months. … We do not mean to say that the legislative intent underlying section 687(a) is in accord with the clear meaning of the statutory words, only that the legislative history of that section does not so clearly evidence an intent

Medical Transp. Mgmt. Corp. v. Comm'r

127 T.C. 96 · United States Tax Court · Sep 19, 2006

First, petitioners failed to establish that their vans and sedans were used more than 50 percent in furnishing subscription services. … Petitioners failed to establish that their vehicles traveled the same route more than once a week, let alone two or three times, and therefore petitioners fail to qualify under their own definition of “regular routes”.

Ahlum v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 11, 2018

Scurlock wrote, “With our current data that we have now, I cannot clearly implicate or not implicate the vaccine.” Id. Dr. Scurlock states, “Unfortunately we were unable to clearly identify an infectious etiology. … Whitton has not ever qualified to practice medicine in the United States because he wanted to do research. Id. at 464. Dr.

SILVA

16 I. & N. Dec. 26 · Board of Immigration Appeals · Jul 1, 1976

The court_also expressed the well-established view that the equal protection of the laws clause of the Fourteenth Amendment of the Constitution of the United States applies to aliens as well as citizens. … The waiver having been granted, the alien was immunized from deportation for the same crime. Id., at 275. Similarly, in Matter of Smith, 11 I. & N.

Menominee Tribe of Indians v. United States

388 F.2d 998 · United States Court of Claims · Apr 14, 1967

Supreme Court in the Metlakatla case as quoted above, “This statute [Public Law 280] .expressly protects against state invasion all uses of Indian property authorized by federal treaty, agreement, statute, or regulation, * * clearly … recognizes and establishes the right of the Menominees to hunt and fish and trap on their reservation free from interference by the game laws of the State of Wisconsin.

Hudson-Rissman v. United States

46 Cust. Ct. 80 · United States Customs Court · Feb 9, 1961

His conception of a work of art is extremely vague and does not show him to be qualified as a judge thereof. … The testimony which he gave is clearly insufficient to establish that any of the items, including the bowl, is an original painting within the meaning of paragraph 1807 or a work of art within the purview of paragraph 1547

Dus & Derrick, Inc. v. United States Secretary of Agriculture

469 F. Supp. 2d 1326 · United States Court of International Trade · Jan 8, 2007

In other words, farmers and qualified fishermen are permitted to seek TAA benefits much like other claimants. … The statutory phrase “is less than” clearly indicates that a comparison is to be made between two years.

Burnetta v. Commissioner

68 T.C. 387 · United States Tax Court · Jun 13, 1977

OPINION The Burnetta and Crockett corporations each established trusts for the purpose of conducting their respective pension and profit-sharing plans. … Rul. 75-41, supra, clearly distinguishable.

Grivois v. Brown

6 Vet. App. 136 · United States Court of Appeals for Veterans Claims · Jan 5, 1994

Appellant had qualifying service in the Armed Forces from October 1965 to October 1967. In 1989, the Regional Office (RO) denied appellant’s original claims, filed in 1988, for all seven disorders. R. at 93. … Causality between the adverse reaction to the immunization is, at best, uncertain.

Lance Industries, Inc. v. United States

3 Cl. Ct. 762 · United States Court of Claims · Nov 10, 1983

In analyzing a negligence cause of action, however, defendant seeks to defeat the claim based on a qualified privilege. Qualified privileges arise in the context of intentional, not negligent torts. … The evidence establishing proximate cause is compelling.

CARACHURI-ROSENDO

24 I. & N. Dec. 382 · Board of Immigration Appeals · Jul 1, 2007

Thus, the only issue on appeal is whether the respondent qualifies for cancellation of removal. … Instead, § 851 merely establishes a procedural hurdle that must be surmounted before higher (felony level) penalties may be imposed. See, e.g., United States v.

Mission Critical Solutions v. United States

96 Fed. Cl. 657 · United States Court of Federal Claims · Mar 8, 2011

It allows federal agencies, in cooperation with the Small Business Administration, to establish small business set-asides “to aid small businesses located in economically disadvantaged or distressed areas.” … Allowing the “attempt to maintain” safe harbor to operate potentially indefinitely would clearly undermine Congressional intent and frustrate the purpose of the HUBZone program. Id.

Ohio Teamsters Educational & Safety Training Trust Fund v. Commissioner

77 T.C. 189 · United States Tax Court · Aug 4, 1981

The above contractual provisions and the circumstances of petitioner’s creation clearly establish that petitioner is operated primarily to provide a form of indirect compensation to employees covered by the collective bargaining … We express no opinion as to whether petitioner’s grants would qualify as "scholarships” under this revenue procedure. Rev.