Case law

4-Star Construction Corp. v. United States

32 Cont. Cas. Fed. 72,943 · United States Court of Claims · Sep 25, 1984

DISCUSSION The Claims Court’s jurisdiction is dependent upon the extent to which the United States has waived its sovereign immunity to suit. United States v. … Plaintiff did not file its claim until July 18, 1983, which is clearly outside the limitation prescribed by the statute. This court is therefore without jurisdiction over plaintiff’s claim.

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.

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

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.

Roy E. Ferree v. Harry D. Shephard, Jr. And Pearl Thelma Griffiths, Administratrix of the Estate of Norman J. Griffiths

384 F.2d 1019 · Court of Customs and Patent Appeals · Dec 14, 1967

Other decisions of this court have reiterated this view to such an extent it is now clearly established that our jurisdiction is limited to a review of the question of priority and matters ancillary to that issue. Cf. … This case and Loshbough are clearly distinguishable on their facts.

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”.

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.

Wolfchild v. United States

77 Fed. Cl. 22 · United States Court of Federal Claims · Apr 27, 2007

under 41 U.S.C. § 114 (b), (2) the communities’ actions are not shielded by their sovereign *27 immunity, given that they are acting as agents of the United States, (3) the communities’ sovereign immunity is barred because … ("Although established under Article I, the Claims Court traditionally has applied the case or controversy requirement unless jurisdiction conferred by Congress demands otherwise.”).

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.

H.B. Mac, Inc. v. United States

41 Cont. Cas. Fed. 77,028 · United States Court of Federal Claims · Nov 25, 1996

Mac was not at any time a qualified SDB but only that “he had a lot of questions.” (R. 622.) Plaintiffs evidence convincingly establishes that all of H.B. … to qualify. .

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.

Eric J. Stewart v. Robert L. Wilkie

United States Court of Appeals for Veterans Claims · Dec 20, 2018

Such a strained construction is clearly at odds with the plain reading of the regulation. … However, Goodman clearly does not make this broad pronouncement.

City of El Centro v. United States

16 Cl. Ct. 500 · United States Court of Claims · Mar 16, 1989

It is well established that the United States, as sovereign, is immune from suit except to the extent that it has consented to be sued. United States v. … But defendant contends that the only contract plaintiff can establish here is one implied-in-law, on which the sovereign is immune to suit.

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.

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.

Estate of Dawson v. Commissioner

57 T.C. 837 · United States Tax Court · Mar 20, 1972

Clearly, he did not qualify as executor and, under the circumstances, it is clear that he never could have qualified prior to his death. … Emphasis added.] [ 8 ] The decided cases clearly establish that, under New Jersey law, a residuary legatee acquires only a qualified equitable right to what remains of the estate after payment of the just debts, funeral expenses

Manuel v. United States

115 Fed. Cl. 105 · United States Court of Federal Claims · Mar 7, 2014

Manuel’s income level and absence of savings may qualify him for In forma pauperis status, as is discussed below, his complaint is dismissed for lack of jurisdiction in this court. … The court may dismiss claims that are “based on an indisputably meritless legal theory” and “claims whose factual contentions are clearly baseless.”

Rus v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 27, 2016

It may have caused her transient fever and seizure, but neither of those conditions had sufficient duration to qualify for a Program award. … In addition to acquiring immunity to hepatitis A as intended, Dr.

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.

Crowley v. United States

527 F.2d 1176 · United States Court of Claims · Dec 17, 1975

Thompson had qualified. … Defendant also argues that none of the above-listed employees was temporarily promoted from a competitive promotion register established after the one on which plaintiff first qualified (i.e., that established in August 1967