Case law

Grady v. United States

124 Fed. Cl. 278 · United States Court of Federal Claims · Nov 23, 2015

Grady has failed to establish that his claims are within the jurisdiction of this Court. … While the govemment's arguments are not without some force, the Court finds it unnecessary to reach them, given its conclusion that it clearly lacks jurisdiction over the contract claims Mr.

Griffin v. United States

215 Ct. Cl. 710 · United States Court of Claims · Feb 22, 1978

. § 1491 , must show a clear-cut entitlement to monetary relief, under law apart from the Tucker Act, the latter simply waiving sovereign immunity and providing the forum for adjudication. … We think clearly, under authority of Berdan and Padbloc, at the end of step 3, the Secretary had become bound by an implied contract.

Deschler v. United States

203 Ct. Cl. 477 · United States Court of Claims · Jan 23, 1974

In these shills, additional reenlistment incentives are clearly needed. … There was no contract right, established actually or-implicitly, which can be vindicated under •the facts of this case. In Parker v.

Blue Dot Energy Co. v. United States

61 Fed. Cl. 548 · United States Court of Federal Claims · Aug 18, 2004

On July 23, 2003, the Air Force issued Solicitation F45613-03-Q-A028 for HUBZone qualified companies. See AR at 719-46. Again, Waste Management protested. See AR at 747-54. … Midcal Aluminum, Inc., 445 U.S. 97 , 100 S.Ct. 937 , 63 L.Ed.2d 233 (1980), however, a unanimous Court established a two-part test to clarify that state action antitrust immunity is not absolute.

Golding v. United States

48 Fed. Cl. 697 · United States Court of Federal Claims · Mar 1, 2001

The Supreme Court restated settled principles for the waiver of sovereign immunity: A waiver of the Federal Government’s sovereign immunity must be unequivocally expressed in statutory text, and will not be implied. … Moreover, a waiver of the Government’s sovereign immunity will be strictly construed, in terms of its scope, in favor of the sovereign____A statute’s legislative history cannot supply a waiver that does not appear clearly

Williamson v. Commissioner

93 T.C. 242 · United States Tax Court · Aug 21, 1989

Parenthetically, section 2032A(c)(7)(A) establishes a 2-year grace period following the decedent’s death during which the qualified heir is not required to use the qualified real property for the qualified use. … The legislative history of the section clearly indicates that a cash lease is a nonqualifying use and not a transfer of a property interest. Thus, H. Rept. 94-1380 (1976), 1976-3 C.B.

Richard v. United States

98 Fed. Cl. 278 · United States Court of Federal Claims · Mar 31, 2011

A waiver of immunity “cannot be implied but must be unequivocally *281 expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … Waivers of sovereign immunity, including the Tucker Act, must be narrowly construed. Radioshack Corp. v. United States, 566 F.3d 1358, 1360 (Fed.Cir.2009).

Kirk v. Commissioner

51 T.C. 66 · United States Tax Court · Oct 17, 1968

Establishment of priorities, and allocation and expenditure of resources (human, material, and financial). 6. Systematic evaluation of results of efforts over a definite period of time. 7. … The “Doctrines and Disciplines of the Methodist Church” set forth the tenets of Methodism and clearly establish the Board of Christian Social Concerns as an institution dedicated to the spreading of the “gospel” — the glad

Constitutionality of the Presidential Records Act

Department of Justice Office of Legal Counsel · Apr 1, 2026

Testimonial Immunity, 43 Op. … See Testimonial Immunity, 43 Op.

Selman v. United States

498 F.2d 1354 · United States Court of Claims · Jun 19, 1974

Contrary to defendant’s contention, nothing could be more clearly stated. … The underlying purpose of Public Law 90-179 was to establish incentives deemed necessary by Congress for the creation of a corps of qualified uniformed lawyers to satisfy the rapidly expanding needs of the Navy for quality

Godfrey v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 20, 2016

It is now clearly established that special masters may use the framework established by Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), to evaluate such expert testimony on causation. Andreu v. … McCabe suggested the immune response should have occurred. Entitlement Decision at *15-*16.

MEDRANO

20 I. & N. Dec. 216 · Board of Immigration Appeals · Jul 1, 1990

Furthermore, the regulations written by the Service regarding termination of temporary residence clearly contemplate that the termination process will precede the commencement of deportation proceedings against an alien: … The regulation does not say, however, that in the absence of a termination of temporary status, the alien is immune from deportation or exclusion proceedings.

Veryzer v. Secretary of Health & Human Services

100 Fed. Cl. 344 · United States Court of Federal Claims · Sep 29, 2011

Second, the special master observed that “[petitioner repeatedly pulls out of context any reference to the immunization as evidence of causation,” id. at *14, such that a review of the relied-upon report as a whole entirely … Astruc states he is not qualified to opine on the appropriate time from vaccine to onset of petitioner’s symptoms in the case of demyelination____[This] calls into question whether he is qualified to opine regarding a theory

Chastain v. West

13 Vet. App. 296 · United States Court of Appeals for Veterans Claims · Jan 24, 2000

The question before the Court, therefore, is whether the circumstances here regarding the appellant's NOA qualify for equitable tolling of the statutory judicial-appeal time period. … The Supreme Court in Irwin stated: A waiver of sovereign immunity "'cannot be implied but must be unequivocally expressed.'"

Norman v. United States

392 F.2d 255 · United States Court of Claims · Mar 15, 1968

This, we contend, clearly renders the statute unconstitutional and void. … , they are selecting the best of the best qualified.

Estate of Leach v. Commissioner

82 T.C. 952 · United States Tax Court · Jun 14, 1984

However, we believe that the rulings cited are clearly distinguishable. In both Rev. Rul. 79-420, 1979- 2 C.B. 335 , and Rev. … Annuity interests appear clearly not to qualify as life insurance proceeds (see 71 A.L.R.3d 247 , 258 (1976)), and no power of appointment was retained by the decedent.

Jefferson Amusement Co. v. Commissioner

18 T.C. 44 · United States Tax Court · Apr 9, 1952

C., is clearly established by the evidence and is not disputed by respondent. … We think the commencement of the selling of popcorn and candy qualifies as a section 722 (b) (4) factor, and that as the other statutory requirements are met petitioner is entitled to relief.

Erspamer v. Brown

9 Vet. App. 507 · United States Court of Appeals for Veterans Claims · Nov 4, 1996

As this Court has previously noted, “[b]oth these statutes clearly establish that an application must be filed.” Crawford v. Brown, 5 Vet.App. 33, 35 (1993); see Wells, 3 Vet.App. at 309 . … There is no lack of evidence regarding his intent to be reimbursed by VA, or to benefit from the educational programs for which he qualified.

MacIel v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 30, 2018

” and the immune system “attack[s] components of the nervous system.” … Petitioner seemed healthy at the time of vaccination, but clearly was not thereafter. Id. at 66-67. Despite “resolving,” however, Dr.

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

25 Cl. Ct. 251 · United States Court of Claims · Feb 6, 1992

Prior theories include allergies, immune deficiencies, hyper-thyroidism, overlaying, sleep and rapid eye movement disorders and hemoglobinopathies. … Quigley was qualified by the court as an expert in pathology.