Case law

R. W. Greeff & Co. v. United States

10 Cust. Ct. 210 · United States Customs Court · Apr 2, 1943

This rule is very clearly set forth in United States v. F. W. Myers & Co., Inc., 24 C. C. P. A. 464, T. D. 48913, wherein the court said: The term newsprint paper is an eo nomine provision. … not qualified.

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.

United States Steel Corp. v. United States

578 F. Supp. 409 · United States Court of International Trade · Oct 11, 1983

See generally, Note, The Military and State Secrets Privilege: Protection for the National Security or Immunity for the Executive? 91 Yale L.J. 570 (1982). … To the extent, however, that the opinion displays a less rigorous standard for establishing the existence of a state secret and accepts the source rather than the content as a determinant, this opinion must respectfully disagree

Al-Uffi v. Secretary of Health and Human Services

United States Court of Federal Claims · May 3, 2017

Gorman missed the mark, given his clear expertise to offer opinions relevant to ARE; indeed, he was the most qualified expert to offer an opinion in this case (at least with respect to the disease at issue). … Secondary Immune Response Applying the above, I find that Petitioner has established a logical sequence of events between R.B.’s development of ARE and her receipt of the HPV vaccine.

Estate of Coon v. Commissioner

81 T.C. 602 · United States Tax Court · Sep 22, 1983

Real property qualifies for special use valuation only if it passes to a qualified heir, who must be a member of the decedent’s family. … Although the landlords did provide some grain storage machinery, this clearly was not a "substantial portion” of the machinery used for production.

Pafford ex rel. Pafford v. Secretary of Department of Health & Human Services

64 Fed. Cl. 19 · United States Court of Federal Claims · Jan 25, 2005

The MMR immunization is the standard vaccine given to prevent measles, mumps and rubella (German measles). Id. . … Once a Table injury had been established, therefore, the burden of proof for the § 300aa-13(a)(l)(B) analysis clearly, and properly, shifted to respondent. See McClendon, 24 Cl.Ct. at 336-37 .

Disclosure to the Government, During the Guilt Phase of a Trial, of the Results of a Court-Ordered Mental Examination

Department of Justice Office of Legal Counsel · Sep 21, 1998

Bissell, 31 F.3d 1241, 1256 (3d Cir. 1994) (in qualified immunity context, concluding that plain­ tiffs Fifth Amendment claim against county officers who interrogated him did not rely on clearly established law; noting that … The Florida rule required the defendant to disclose to the prosecution the witnesses he proposed to use to establish his alibi defense.

Seagrave v. United States

128 F. Supp. 400 · United States Court of Claims · Feb 8, 1955

Defendant contends that the Army’s special regulation is a reasonable one, clearly consistent with the provisions of the statute and therefore having the force and effect of law. … The Navy Secretary asked the Comptroller whether he might establish January 1, 1949, as the effective date of Title III “without jeopardizing the right of individuals concerned to receive credits for points during the period

Former Employees of Southern Triangle Oil Co. v. United States Secretary of Labor

731 F. Supp. 517 · United States Court of International Trade · May 8, 1990

The amendment, then, clearly extends to workers like Mr. Pierson who lose their jobs drilling for oil as a result of increases in oil imports. … Therefore, the certification of the company employees qualifies under the second requirement.

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

Doyle v. United States

599 F.2d 984 · United States Court of Claims · May 16, 1979

are "best qualified” to serve in a promoted capacity. … This regulation, promulgated in 1966, required selection boards to categorize each officer they considered as "best qualified,” "fully qualified,” or "not fully qualified,” depending on the rating the boards gave the officer

BARRAGAN

13 I. & N. Dec. 759 · Board of Immigration Appeals · Jul 1, 1971

On the basis of the foregoing admissions, I have deter- mined and concluded that she is clearly deportable from the United States on said charge. … In order to qualify for suspension of deportation under section 244(a) (1) of the Act an applicant must establish, among other things, that he has been physically present in the United States for a continuous period of not

Estate of McAlpine v. Commissioner

96 T.C. 134 · United States Tax Court · Jan 24, 1991

The dissenting opinion somehow concludes that the report language does not permit what the statute clearly does permit. … The de minimis rule established in this provision is intended to apply solely as a guideline in determining whether perfection of an agreement is to be permitted.

Sullivan v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 27, 2015

Classen, Clustering of Cases of Insulin Dependent Diabetes (IDDM) Occurring Three Years After Hemophilus Influenza B (HiB) Immunization Support Causal Relationship Between Immunization and IDDM, 35 Autoimmunity 247, 250-52 … temporal association, without more, is insufficient to establish causation.

National Asso. of American Churches v. Commissioner

82 T.C. 18 · United States Tax Court · Jan 5, 1984

Also, you have failed to establish that no part of your net earnings inures to the benefit of private individuals. … However, the administrative record clearly reflects that petitioner provides some financial and tax advice to its members. It provides sample incorporation papers.

Whittemore v. Commissioner

35 B.T.A. 757 · United States Board of Tax Appeals · Mar 30, 1937

Whittemore & McLean are hereby appointed City Solicitors of the City of Linden, to hold their office for the full term of three years from the first day of January, 1925, and until their successors have been appointed and qualified … In our opinion, the Halsey decision does not help this petitioner to establish his claim.

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.”).

Clark v. United States

19 Cl. Ct. 220 · United States Court of Claims · Jan 12, 1990

The instant dispute does not present such a classic case; the facts found by the district court appear to establish a taking, and Mrs. … Thus, both the Tucker Act and the FTCA waive the sovereign immunity of the United States in certain types of actions. Waivers of sovereign immunity are to be strictly construed. Soriano v.

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.

National Asso. for Legal Support of Alternative Schools v. Commissioner

71 T.C. 118 · United States Tax Court · Nov 6, 1978

Fay, Judge: Respondent determined that petitioner does not qualify for exemption from Federal income tax under section 501(a) 1 as an organization described in section 501(c)(3). … However, the administrative record clearly shows that petitioner’s information and services are available to the public as a whole and not just to members of the organization.