Case law

Whether the District of Columbia's Clean Air Compliance Fee May Be Collected From the Federal Government

Department of Justice Office of Legal Counsel · Jan 23, 1996

W aivers o f immunity apply only to properly enacted state and local measures. … Furthermore, this payment is clearly designed to recoup the costs of regulation from the people regulated, rather than to raise general revenues.

Simanski ex rel. O.A.S. v. Secretary of Health & Human Services

115 Fed. Cl. 407 · United States Court of Federal Claims · Apr 2, 2014

This is unlike [O.A.S.]’s history, one that is clearly documented in the records of her multiple hospitalizations. … Petitioners note that "[o]f these 141 patients, only 47, or approximately 33% qualified for further study.”

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.

Salazar v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 1, 2021

The operative report clearly states that the surgery was done on the left ulnar nerve, not the right. See Pet. Ex. 21 at 1-2. … Chopra, opined that petitioner’s flu shot “clearly caused her injuries.” Pet. Ex. 16 at 1.

Horner v. Secretary of Health & Human Services

35 Fed. Cl. 23 · United States Court of Federal Claims · Feb 9, 1996

to establish a Table case. … Petitioners had greater than four years to locate and file any purported immunization record. It is a fundamental duty of petitioners to file records in support of their claim.

Jack & Jill Togs, Inc. v. United States

42 Cust. Ct. 232 · United States Customs Court · Jun 5, 1959

Insofar as the competition existed between the same two provisions as are here involved, the Tripler, Horne, and Bata Shoe Co. cases, supra, establish that the provision for wearing apparel is the more specific. … It has been repeatedly held by this court that, subject to clearly shown contrary legislative intent, a “not specially provided for” clause in a use provision excludes therefrom articles enumerated elsewhere by descriptive

MOWRER

17 I. & N. Dec. 613 · Board of Immigration Appeals · Jul 1, 1981

It is clear from the facts of this case that the beneficiaries once qualified as the petitioner's stepchildren inasmuch as they were previ- ously granted admission to this country on the basis of their mother's marriage to … Inasmuch as the beneficiaries were once admitted to this country as the petitioner's stepchildren, it has clearly been established that the requisite relationship between them does exist.

Hand v. Commissioner

16 T.C. 1410 · United States Tax Court · Jun 21, 1951

He was clearly an employee of these two agencies. … Moreover, petitioner’s travel expenses fail to qualify as a deduction since another applicable provision of the Code is not satisfied.

Hills v. Commissioner

72 T.C. 958 · United States Tax Court · Aug 29, 1979

close examination of the legislative history and the statute, and especially of section 1.911-l(c)(l)-(4), Income Tax Regs., we feel that the petitioners meet the second test and, even if they do not, we find that they clearly … Though there have been changes in the treatment of moving expenses and reimbursements since March 12,1962 (secs. 82 and 217), moving expenses, at the time the 1962 statute was passed, were clearly within the meaning of compensation

Benak v. Commissioner

77 T.C. 1213 · United States Tax Court · Dec 7, 1981

Only common stock, either voting or nonvoting, in a domestic corporation may qualify as section 1244 stock. … In the first place, they have offered no evidence to establish that their dominant reason for contributing the funds to Scottie was to further any business purpose; on the contrary, the record shows clearly that their purpose

McGuire v. West

11 Vet. App. 274 · United States Court of Appeals for Veterans Claims · Jun 30, 1998

Instead, Congress delimitated a specific time period for qualifying occupation forces. … On Leave in Hiroshima and Nagasaki A determination that the veteran’s military duties did not require him to participate in the occupation of Hiroshima of Nagasaki is a finding of fact that this Court reviews under a “clearly

Wildman v. Commissioner

78 T.C. 943 · United States Tax Court · Jun 10, 1982

The evidence, however, clearly refutes this contention. … Clearly, no part of the fee was attributable to either general partner’s negotiating the agreement with A A.

Application of Donald Richman

424 F.2d 1388 · Court of Customs and Patent Appeals · May 7, 1970

That was done about August of 1960 under an established practice of requesting Mr. Loughlin to review selected patents within two years after their issue dates. Mr. … This clearly suggests employing separator circuits that became known subsequent to his application as well as those already known.

Glick v. United States

25 Cl. Ct. 435 · United States Court of Claims · Mar 10, 1992

These materials are in addition to the pleadings, are not excluded by the court, and are adequate to establish the facts that are material to plaintiffs claim. … There is no evidence that he was suffering a mental condition that would qualify as a legal disability during the limitations period.

Green v. Commissioner

78 T.C. 428 · United States Tax Court · Mar 17, 1982

Petitioner also established the regularity of this use, as he testified that he used the room approximately 2% hours, 5 nights a week. … (a) In General. — There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, *** Petitioner clearly does not qualify under

Gordon v. Secretary of Health and Human Services

United States Court of Federal Claims · May 17, 2021

Gordon does not qualify for an award of attorneys’ fees because she has failed to establish a reasonable basis for the assertion that Mr. Gordon received the flu vaccination. The evidence shows that Mr. … June 15, Exhibit 1, 5 Box “Previously immunized during this current 2015

H.C. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 20, 2022

Delves, Acquired Immunity, Merck Manual, https://www.msdmanuals.com/home/ immune-disorders/biology-of-the-immune-system/acquired-immunity# (last reviewed Sept. 2021) (explaining how IgE antibodies trigger “immediate allergic … These phases may “overlap and may not be clearly distinguishable.” Id.

Franklin Savings Corp. v. United States

56 Fed. Cl. 720 · United States Court of Federal Claims · Jun 16, 2003

The district court commenced its analysis by noting that because of the doctrine of sovereign immunity, the court would not have subject matter jurisdiction over Franklin’s claim unless the government clearly waived its immunity … This argument is clearly infirm.

Crowley v. United States

56 Fed. Cl. 291 · United States Court of Federal Claims · Apr 18, 2003

The first method for receiving LEO credit occurs when an agency determines that a position qualifies for LEO credit. … The doctrine is well established in the jurisprudence of administrative law, see McKart v.

Metcalf Construction Co. v. United States

53 Fed. Cl. 617 · United States Court of Federal Claims · Jul 2, 2002

Well established rules of contract interpretation are therefore apposite. … Given such, Metcalf urges that the Navy clearly violated the foregoing regulation when it expressly informed Unnamed Corp. during discussions that Section 1A.7 established budget ceilings for each separate line item at which