Case law

Lovett v. United States

9 Ct. Cl. 479 · United States Court of Claims · Dec 15, 1873

This view seems to me to be entirely at variance with all well-established rules governing the establishment of a contract through “ a request on the one side and an assent on the other.” … In fact, the court seldom inquires into the magnitude or effect of this diversity; if it clearly exists, that fact is enough.” *498 Iu the light of the doctrines thus succinctly and clearly stated, let us first see what the

Reeves v. United States

49 Fed. Cl. 560 · United States Court of Federal Claims · Jan 19, 2001

Individual claimants must, therefore, look beyond the Tucker Act as a jurisdictional statute for an appropriate waiver of sovereign immunity in order to maintain a suit under the Act. … Id. at 1314. 13 Cases such as Palmer are clearly distinguishable from those in which a Reservist plaintiff has been called onto active duty.

MUNROE

26 I. & N. Dec. 428 · Board of Immigration Appeals · Jul 1, 2014

Congress clearly chose to avoid relying on a variable period of time, the termination of status, as the end point for the relevant hardship period. … These waivers are clearly intended to address matters related to the marriage that generated the conditional permanent resident status.

Institut Pasteur v. United States

33 Cont. Cas. Fed. 74,500 · United States Court of Claims · Jul 7, 1986

Plaintiff alleges that since November of 1982 it has pursued various avenues of scientific research concerning the disease, first identified in 1981, of Acquired Immune Deficiency Syndrome (AIDS). … Clearly, if a contracts) is involved in this matter, it comes within the definition of “procurement” as set forth in 41 C.F.R. § 1.1-209 (1983), which includes the concept of barter.

Renewal Body Works, Inc. v. United States

64 Fed. Cl. 609 · United States Court of Federal Claims · Apr 1, 2005

Renewal’s complaint was filed more than 8 years after the date of accrual, well past the six-year limit established in 28 U.S.C. § 2501 . … Issuance of a NITU provides for a 180-day period in which the railroad may negotiate an agreement for interim trail use with a qualified trail operator. Id.

Fulham v. Commissioner

40 B.T.A. 48 · United States Board of Tax Appeals · Jun 7, 1939

The trust holds the corpus and accumulates the income, and the purpose is clearly to provide for the children and their issue. … It leaves the corpus as clearly in the control of the settlor as Congress apparently contemplated when section 166 was enacted.

Antonellis v. United States

106 Fed. Cl. 112 · United States Court of Federal Claims · Jul 23, 2012

The APPLY Board is charged with selecting the best and fully qualified officers for appointment to billets. Id. at 1, 11 . … The APPLY Board is charged by the Commander 2 with ensuring that each billet assignment goes to the “best and fully qualified” officer. Def.’s Appx. at 13.

Lansons, Inc. v. Commissioner

69 T.C. 773 · United States Tax Court · Feb 27, 1978

On August 15,1968, Lansons established Lansons, Inc., Profit-Sharing Trust. The trustees were Louis Levine and Avram J. Kaiser. … Kaiser, and Norman Levine) clearly were members of the prohibited group since they were officers, stockholders, or supervisors.

Brazos Electric Power Cooperative, Inc. v. United States

52 Fed. Cl. 121 · United States Court of Federal Claims · Mar 21, 2002

Qualifying that “undue risk and expense” standard, Williston goes on to say that “almost any risk of considerable loss to the injured person if he attempts to mitigate should be considered undue.” Id. … Brazos was clearly concerned about minimizing any prepayment penalty, as the Government acknowledged in its letter to Brazos of October 25, 1995.

People of God Community v. Commissioner

75 T.C. 127 · United States Tax Court · Oct 14, 1980

This principle is well established. Saint Germain Foundation v. Commissioner, 26 T.C. 648 (1956). … Petitioner therefore fails to qualify for exemption under section 501(c)(3).

Sharkey v. United States

17 Cl. Ct. 643 · United States Court of Claims · Jul 19, 1989

To state a claim under the takings clause, plaintiffs must establish that they owned property which the United States took for a public purpose. … The United States is immune from suit except to the extent it waives that immunity. United States v. Orleans, 425 U.S. 807, 814 , 96 S.Ct. 1971, 1976 , 48 L.Ed.2d 390 (1976).

David Dean v. Department of Labor

2015 MSPB 22 · Merit Systems Protection Board · Feb 26, 2015

The DOL rated him ineligible because he did not graduate from a qualifying educational institution within the timeframes established under the Pathways Recent Graduates Program. … institution within the timeframes established under 5 C.F.R

Kalkines v. United States

473 F.2d 1391 · United States Court of Claims · Feb 16, 1973

Many knowledgeable people believed that a specific immunity statute was necessary before anybody in the Federal Government could assure criminal immunity to individuals, including employees, being questioned in noncriminal … This portion of the interview is set forth in the footnote. 7 *581 The essential aspects are four: First, in describing a “conduct” investigation the agent clearly indicated that a criminal investigation or trial was still

F. W. Woolworth Co. v. Commissioner

54 T.C. 1233 · United States Tax Court · Jun 15, 1970

delineate the outer limits of taxes that will qualify as “in lieu” taxes under section 903. … These cases are readily distinguishable from the case at bar inasmuch as they all involve taxes imposed upon gross income or gross sales and consequently clearly qualify as “in lieu” taxes within the legislative purpose underlying

Lyons v. United States

18 Cl. Ct. 723 · United States Court of Claims · Nov 22, 1989

(Colonel) Bonner concluded that the “[ejvidence of record established beyond all reasonable doubt that [plaintiff] was medically qualified for continued active duty, that he was not psychotic, neurotic, or suffering from … It must be clearly understood that [plaintiff] was evaluated on three different occasions by qualified psychiatrists at Sheppard AFB, Tx and Wildford Hall Medical Center and there was never any evidence of a psychosis, neurosis

United Electric Corp. v. United States

647 F.2d 1082 · United States Court of Claims · Apr 22, 1981

Our suit is against an independent establishment having the power to sue and be sued. [ 508 F.2d at 959 .] … The controlling axiom is that the United States may be sued only to the extent that it allows its sovereign immunity to be waived.

Hooker v. Hhs

United States Court of Federal Claims · Jun 21, 2016

The distinction, however, does not matter to the outcome of this case, since it is clear that Petitioners rely on the same evidence to establish both claims, and have clearly failed to show either. … Therefore, Petitioners clearly have failed to establish Prong 4 of Loving/Prong 1 of Althen in this case. e.

Kolar, Inc. v. United States

650 F.2d 256 · United States Court of Claims · May 20, 1981

Moreover, the undisputed facts before the court do not establish that the bombs were not demilitarized. … The plaintiff also relies on Technical Order 11A-1-60 to establish that the minimum requirement for demilitarization is certification by qualified personnel that the material is inert.

Soares v. Commissioner

50 T.C. 909 · United States Tax Court · Sep 19, 1968

This is clearly not the intention of this regulation. … The same argument was presented in American Properties, Inc., 28 T.C. 1100 , affirmed per curiam 262 F. 2d 150 (C.A. 9, 1958), wherein we stated the following at pages 1116, 1117: It is well established that the duty of filing

Bradley v. United States

14 Cl. Ct. 741 · United States Court of Claims · May 3, 1988

pay structure is established for BEP Plate Printers.” … The court may overturn such a decision only if there had been an abuse of discretion, or if it is “ ‘so arbitrary as to be clearly wrong.’ ” Adams v.