Case law

Aeolus Systems, LLC v. United States

79 Fed. Cl. 1 · United States Court of Federal Claims · Oct 31, 2007

A “HUBZone” is defined as any area which is located within *7 one or more qualified census tracts, qualified nonmetropolitan counties, lands -within the external boundaries of an Indian reservation, redesignated areas, or … According to defendant, [i]f a HUBZone SBC were allowed to utilize non-owner deferred compensation plans to satisfy the program’s employee requirement, a company could establish its qualified status for purposes of the program

Greenleaf Construction Co. v. United States

67 Fed. Cl. 350 · United States Court of Federal Claims · Aug 31, 2005

Because, in the panel’s estimation, Greenleaf was “clearly the most technically qualified” and offered the lowest price, the TEP recommended it for award. … This is clearly not the case. Greenleafs protest hinged on a legitimate dispute concerning the use of the cascade procedure.

Jicarilla Apache Nation v. United States

100 Fed. Cl. 726 · United States Court of Federal Claims · Aug 18, 2011

See Jicarilla, 131 S.Ct. at 2325 (“we have found that particular ‘statutes and regulations ... clearly establish fiduciary obligations of the Government’ in some areas”) (citing Mitchell II, 463 U.S. at 226 , 103 S.Ct. *738 … That is not the way that waivers of sovereign immunity work. Orlando Food Corp. v.

Levy Family Tribe Foundation, Inc. v. Commissioner

69 T.C. 615 · United States Tax Court · Jan 26, 1978

They established petitioner corporation so that they could travel to Israel and purchase several tracts of land there. … The evidence with respect to the operational test clearly weighs against petitioner for two reasons.

American Customs Brokerage Co. v. United States

76 Cust. Ct. 146 · United States Customs Court · Apr 30, 1976

Plaintiff has not established that “LLS” is itself a feed-stuff. … All of the evidence, exhibits and testimony show clearly that “LLS” is a pellet binder or binding agent.

Martinez v. United States

48 Fed. Cl. 851 · United States Court of Federal Claims · Mar 20, 2001

Court of Appeals for the Federal Circuit has clearly stated, “[a] grant of benefits and subsequent oversight by HUD is insufficient to establish a contractual relationship between [plaintiff developer] and the government. … Furthermore, the assignment document itself clearly spells this out.

Pfister v. United States

203 Ct. Cl. 459 · United States Court of Claims · Jan 23, 1974

he was also being considered for promotion was insufficient to qualify under the statute for retirement pay on the basis of the grade to which he would have been promoted. … It is not within the province of this or any court to emasculate a *466 statutory provision so as to reward those clearly not intended to benefit under the statute’s plain language.

Long v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 6, 2015

Clearly, on the issue of the potential effects of a genetic variant, Dr. Cederbaum is much more qualified than Dr. Megson. Moreover, Dr. … HHS, 704 F.3d at 1537 (“The Loving test combines the first three Whitecotton factors, which establish significant aggravation, with the Althen factors, which establish causation.”)

Pelelo v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 9, 2021

He noted that “[a]utoimmune and immunizations” are an understood cause for brachial neuritis, and maintained it was reasonable to view it as immune-mediated. J. … Donofrio credibly and persuasively established in his reports that even in the event of a speedier immune response attributable to a prior exposure to the HPV vaccine, onset for an immune-mediated, adaptive response (through

Pease v. Commissioner

30 B.T.A. 17 · United States Board of Tax Appeals · Mar 6, 1934

exemption and his income derived from the compensation of the office is immune from Federal taxation. ; ; , and cases therein cited. … This latter would seem clearly to be a governmental function.

Strickland v. United States

69 Fed. Cl. 684 · United States Court of Federal Claims · Feb 8, 2006

See Fisher, 364 F.3d at 1376-78 (holding that "White Mountain [established] a new test [that] clearly lowers the threshold for establishing that a statute or regulation is money-mandating, for it replaces a normal 'fairly … MILPERSMAN 1910-144, in accordance with DODDIR 1332.14, clearly reflects that only qualifying convictions may be the basis of administrative separation.

Estate of Braude v. United States

38 Fed. Cl. 476 · United States Court of Federal Claims · Jun 23, 1997

The burden of establishing communication, *483 falsity, misrepresentation, and malice 13 is on the plaintiff. … United States, 3 Cl.Ct. 762, 775-76 (1983) (congressional references waive statute of limitations and similar defenses, not sovereign immunity to tort claims). V.

Melwood Horticultural Training Center, Inc. v. United States

United States Court of Federal Claims · Nov 30, 2020

Cl. 8, 17 (2017) (“It is protestor’s burden to establish ripeness.”). … There are specific policy reasons for these procedures clearly delineated by the statute—providing employment for the blind and severely disabled.

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

28 Fed. Cl. 664 · United States Court of Federal Claims · Jun 25, 1993

Thus, he did use the correct legal standard for establishing causation in fact. … Indeed, in vaccine cases, special masters are uniquely qualified to weigh evidence; therefore there is less need to exclude evidence.

Hughes Aircraft Co. v. United States

534 F.2d 889 · United States Court of Claims · Apr 14, 1976

The Weld case itself, which first clearly articulated this principle, provides an apt demonstration of its application. … The first such principle is that the doctrine of sovereign immunity precludes suits 'against the Federal Government unless such immunity has been specifically waived by act of Congress. United States v.

Dobra v. Commissioner

111 T.C. 339 · United States Tax Court · Dec 29, 1998

Section 131(b) defines the “qualified foster care payments” (QFCP) referred to by section 131(a). … However, our belief that the ordinary, everyday meaning of a person’s “home” was his or her place of abode was clearly a key factor in our decision. In our earlier decision in Smith v.

Sturdivant v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 12, 2016

D, E), which makes him at least somewhat qualified to opine as to the issues here. But Dr. Bingham is much better qualified. Dr. … Thus, Petitioners’ claim clearly fails under Althen Prong 1. C.

Fletcher v. United States

United States Court of Federal Claims · Dec 7, 2020

Gray qualifies as an officer. Def.’s Reply in Supp. of Mot. to Strike at 3 (first quoting Gray Decl. at 1; and then quoting Osage Const. art. VII, § 1). … Conversely, in Mitchell II, “the statutes and regulations [] clearly give the Federal Government full responsibility to manage Indian resources and land for the benefit of the Indians” and “thereby establish[es] a fiduciary

Estate of Milliken v. Commissioner

70 T.C. 883 · United States Tax Court · Sep 11, 1978

We think that these cases, decided by the highest court of Massachusetts, clearly support petitioner’s interpretation of decedent’s will and trust. 9 Article IV of the trust instrument establishes a marital trust in the form … In this case, as in each of the cases discussed, the donor-testator established a marital trust which was intended to, and did, qualify for the marital deduction provided by section 2056.

Radio Shack Corp. v. Commissioner

19 T.C. 756 · United States Tax Court · Jan 28, 1953

clearly its normal earnings. … And it'is our conclusion that petitioner has not established a sufficiently acceptable foundation for the reconstructions that it asks this Court to approve.