Case law

Standard Inv. Co. v. Commissioner

36 B.T.A. 156 · United States Board of Tax Appeals · Jun 17, 1937

These facts establish, in our opinion, that the special tax bills did not constitute “obligations” of the cities issuing them, either within the statutory or the commonly understood meaning of that term. … The proceeding before us is clearly distinguishable from Michael Pontarelli, 35 B. T. A. 872, and Carey-Reed Co., 36 B. T. A. 36.

Weaver v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 21, 2022

The activated immune cells spread throughout the body, which creates (by design) inflammation reflective of the innate immune response. Id. at 76–77, 160, 196; Huq Rep. at 6. … In particular, vaccine antigens attract locally- present immune cells which secrete pro-inflammatory cytokines intended to further the overall immune response (including “teaching” the immune system to recognize the relevant

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.

Pat A. Hatfield v. Denis McDonough

United States Court of Appeals for Veterans Claims · Mar 8, 2021

Section 3.361(d)(2) provides that a claimant can establish proximate causation if a claimant suffered a qualifying additional disability or death that was caused by "an event not reasonably foreseeable" according to the applicable … In terms of the first element, the Board stated that "[in] this instance, the element of an additional qualifying disability or death is clearly established."76 As for the second element, the Board recognized that the "[v

St. Vincent's Medical Center v. United States

29 Fed. Cl. 165 · United States Court of Federal Claims · Aug 30, 1993

It begins with the well known maxim that waivers of sovereign immunity must be explicitly and strictly construed. … It attempts to enforce rights under its Medicare contract. *172 Those rights are established in a complex legislative and regulatory scheme.

Weiss

155 Ct. Cl. 825 · United States Court of Claims · Dec 1, 1961

It qualified the categories for waiver of sovereign immunity as being claims in which “the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the United States were … Defendant’s contention of governmental immunity from discovery is predicated on the general immunity of the sovereign from suit except upon terms to which it has consented.

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.

Honeywell, Inc. v. United States

35 Cont. Cas. Fed. 75,611 · United States Court of Claims · Jan 13, 1989

The Defense Contract Administration Service informed the contracting officer on June 20,1988, that Haz-Tad did not qualify under the Walsh-Healey Act, however, a joint venture among Haz-Tad, Hazeltine and Tadiran would qualify … Accordingly, entitlement to injunctive relief has been established through clear and convincing evidence. See Baird, 1 Cl.Ct. at 664 .

VALENZUELA GALLARDO

25 I. & N. Dec. 838 · Board of Immigration Appeals · Jul 1, 2012

In Matter of Batista-Hernandez, 21 I&N Dec. 955, 962 (BIA 1997), we held that the Federal crime of accessory after the fact under 18 U.S.C. § 3 (1994) “clearly relates to obstruction of justice.”2 We observed there that “ … Singh, 25 I&N Dec. 670, 672 (BIA 2012) (“An important purpose of Board precedent is the establishment of a uniform interpretation of law in cases before the Immigration Judges and the Board.”).

Nilson v. Secretary of Health & Human Services

69 Fed. Cl. 678 · United States Court of Federal Claims · Feb 7, 2006

That is, respondent must establish only that cardiac arrest led to encephalopathy. … VAERS collects and analyzes information from reports of adverse events following immunization....

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.

D-R

25 I. & N. Dec. 445 · Board of Immigration Appeals · Jul 1, 2011

The respondent’s actions during this period were clearly under color of law. … Butler was clearly qualified to testify as an expert on military operations during the Bosnian War.

Decristofaro v. United States

74 Fed. Cl. 717 · United States Court of Federal Claims · Nov 30, 2006

. § 1915 (a)(1), in order to qualify for informa pauperis status, an applicant must file an affidavit which includes a statement of assets, a statement that the applicant is unable to pay such fees or provide security, the … A plaintiff must establish jurisdiction by a preponderance of the evidence. See Reynolds v. Army and Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988); Thomas v.

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.

Grav v. United States

14 Cl. Ct. 390 · United States Court of Claims · Mar 4, 1988

If the statute is construed as an offer, then the statute is clearly an Act of Congress mandating payment to plaintiff such as is necessary for jurisdiction to be lodged in this court. … Thus, the court must rely upon an established maxim of statutory construction to determine the will of Congress. The maxim of ejusdem generis applies here.

K-L

20 I. & N. Dec. 654 · Board of Immigration Appeals · Jul 1, 1993

As set out above, the requirements for a conviction under 18 U.S.C. § 924(c)(1) clearly establish that the use or carriage of a weapon is an integral element of the crime. … Clearly, by its terms, the respondent's conviction for unlawful use of a firearm during a drug trafficking crime involves the unlawful distribution of a controlled substance.

Salt River Pima-Maricopa Indian Community v. United States

26 Cl. Ct. 201 · United States Court of Claims · May 11, 1992

The Settlement Act clearly 4 and solely provided a forum in *204 which the Tribe could present its claims. It did not create or acknowledge a substantive right to relief, as required by Mitchell II. … What is lacking in the perfection of the waiver of sovereign immunity is not jurisdiction in this court, but substance in the plaintiff’s claim.

Morris v. West

13 Vet. App. 94 · United States Court of Appeals for Veterans Claims · Oct 12, 1999

Where there are two permissible views of the evidence, the fact-finder’s choice between them cannot be clearly erroneous.”) … As stated above, the record before the RO in 1966 consisted of a qualified diagnosis, which, clearly, could have been weighed differently. The fact that it was not is insufficient to demonstrate CUE.

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.