Case law

Royal v. United States

United States Court of Federal Claims · Jul 26, 2022

At this Court, a plaintiff can only meet his considerable burden by presenting “cogent and clearly convincing evidence” that the board’s decision was in error. Stuart, 123 Fed. Cl. at 421. … Plaintiff claims this “establishes plaintiff was Stage 1 within 6 months post the exposure”. ECF 30 n. 16.

Baicker v. Commissioner

93 T.C. 316 · United States Tax Court · Sep 6, 1989

Our attempt to reduce petitioners’ analysis to a clearly understandable legal issue has been frustrating. … It is not affirmative authority to open the floodgates wide to any carryover that is not clearly based upon some provision of law.

San Martinez Oil Co. v. Commissioner

25 B.T.A. 218 · United States Board of Tax Appeals · Jan 18, 1932

The facts of record clearly establish that the petitioner, by its own drilling operations, discovered oil on its Booth Lease on November 20, 1921, and that the well was not acquired as the result of the purchase of a proven … The value so found is clearly disproportionate to cost and depletion should be based on it.

Xerox Corp. v. United States

753 F. Supp. 2d 1355 · United States Court of International Trade · Jan 24, 2011

to this litigation,” federal regulations establish that U.S. … Clearly, as negative determinations are fully contemplated by the statute, Defendant’s view is unduly restrictive. 7 .

Voigt v. Commissioner

74 T.C. 82 · United States Tax Court · Apr 21, 1980

Lichtenberg, however, did not testify at the trial, and from the evidence presented, we find that the severity of her symptoms at the start of her treatment was not clearly shown. … Beginning in 1976, primarily because of the NASW’s interest in making its social workers eligible for insurance reimbursements, the NASW established a registry.

Taylor v. United States

54 Fed. Cl. 423 · United States Court of Federal Claims · Nov 18, 2002

Where the Court’s jurisdiction is challenged, the nonmoving party “bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” Reynolds v. … Waivers of sovereign immunity must be explicit and cannot be implied. United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).

VILLARBA-REYES

10 I. & N. Dec. 17 · Board of Immigration Appeals · Jul 1, 1962

His Army record (Ex. 8) establishes that while in. the service respondent received several commendations and the Good Conduct Medal, and an honorable discharge. … The statute clearly provided that the right to be deemed to have been lawfully admitted to the United States for permanent resi- dence did not accrue to an alien until he fulfilled all the conditions precedent of the statute

Dresser Industries, Inc. v. Commissioner

92 T.C. 1276 · United States Tax Court · Jun 19, 1989

If a regulation does not clearly contradict or limit the language of the statute it purports to interpret, it is nevertheless invalid if it is inconsistent with the statute’s origin and purpose. CWT Farms, Inc. v. … It is well established that the subsequent history of an account receivable arising on a sale does not affect the amount of gross income originally realized on such sale. See Spring City Foundry Co. v.

Transpace Carriers, Inc. v. United States

36 Cont. Cas. Fed. 75,971 · United States Court of Claims · Nov 21, 1990

The last amendment to the Preliminary Agreement altered the criteria which Transpace was required to meet in order to qualify for the takeover and provided that the deadline for Transpace to qualify was May 31, 1986. … TCI has not advanced a reasonable interpretation, and has therefore failed to establish that the contract is ambiguous. .

A Sitting President's Amenability to Indictment and Criminal Prosecution

Department of Justice Office of Legal Counsel · Oct 16, 2000

However, the memorandum proceeded to explain, “ (although there are no judicial opinions squarely on point, historical precedent has clearly established that sitting Presidents are not required to testify in person at cnminal … Fitzgerald, which established a permanent immunity from civil suits challenging official conduct.

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

22 Cl. Ct. 701 · United States Court of Claims · Mar 25, 1991

. §§ 300aa-l — 300aa-34 (West Supp.1990), and the Vaccine and Immunization Amendments of 1990, Pub.L. No. 101-502 (1990) (“the Act”). … Sperry & Hutchinson Co.], 511 F.2d [225] at 229) [9th Cir.1975], (3) the court’s findings are clearly erroneous (Deitchman [v. E.R.

Louisiana Naval Stores, Inc. v. Commissioner

18 B.T.A. 533 · United States Board of Tax Appeals · Dec 18, 1929

defending suits by or against them, and of enabling them to liquidate their affairs, to dispose of and convey their property and to divide their capital, but not for the purpose of continuing the business for which they were established … Gay or to the corporation for which he purported to act, or if it was to the interest of the respondent to prove additional facts which would show clearly that we have jurisdiction in this case, opportunity for the introduction

C-Y-Z

21 I. & N. Dec. 915 · Board of Immigration Appeals · Jul 1, 1997

Similarly, the appli- cant does not qualify under the third clause. … The threat of a future arrest if the applicant resists birth control measures in the future has clearly been rendered moot if his wife was sterilized in 1991 as he claims.

McDonald v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 7, 2023

MacGinnitie had a “cookie cutter” view of immune activation or noting that Dr. … Wallace is eminently qualified to opine on toxicology matters. Id. at 21–22. The other two Althen prongs are also unmet, Respondent contends.

Estate of Siegel v. Commissioner

67 T.C. 662 · United States Tax Court · Jan 12, 1977

will, evidences a lack of mutual assent to the precise terms of the alleged contract. (2) Paragraph Fifth of David’s will, paragraph Fourth of Mildred’s will, and the simultaneous death provisions of the respective wills clearly … We believe petitioner’s first argument is clearly without merit. The word "understood,” when employed in a written contract, has the same force as the word "agreed.” Black’s Law Dictionary (4th ed. 1968 rev.).

Braun v. United States

United States Court of Federal Claims · Aug 30, 2019

And | believe he qualifies as an officer, agent or contractor with the United States Government.” … The Privacy Act waives immunity only to the extent of the expressly allowed damages; sovereign 7 immunity is not waived as to Braun’s claim for $750,000 in damages.

Carlow v. United States

42 Cont. Cas. Fed. 77,288 · United States Court of Federal Claims · Apr 9, 1998

According to 25 U.S.C. §§ 450b and 450f(a), a road construction contract, as in the instant case, qualifies as a self-determination contract. … Moreover, a waiver of the traditional sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v.

Fry v. Commissioner

5 T.C. 1058 · United States Tax Court · Nov 14, 1945

Bank of Commerce & Trust Company as characterized in the very resolution which provided for the distribution, and (2) that the reduction in par value of the capital stock of the Bank of Commerce & Trust Company was, as clearly … Taking these established facts together with the further established fact that “immediately after the transfer” of such assets, the old bank, through its ownership of all the stock of the new bank, except directors’ qualifying

COLLEY

18 I. & N. Dec. 117 · Board of Immigration Appeals · Jul 1, 1981

The evidence and information furnished clearly establishes that the 118  Interim Decision #2881 petitioner is a bona fide business … As a wholly owned subsidiary of a Canadian Company, I find that the petitioner may employ qualified employees under section 101(a)(15)(L), 8 U.S.C. 1101(a)(15)(L).

Locane v. Secretary of Health & Human Services

99 Fed. Cl. 715 · United States Court of Federal Claims · Jul 15, 2011

Arnold Tanis, her pediatrician, for a routine physical examination in order to qualify her to participate in highschool athletics. … Bellanti explained positive reehallenge “from an immunologic standpoint” as meaning: “if you have been immunized with a given antigen and you are re-exposed to the same antigen or a similar one, you get a boost in the immune