Case law

Jones v. United States

7 Cl. Ct. 673 · United States Court of Claims · Apr 4, 1985

Under the precedent established by the U.S. Court of Claims, this argument is without merit. … This is clearly the type of decision where reasonable minds could reach differing conclusions based on the same record. See Sanders, 219 Ct.Cl. at 302 , 594 F.2d 804 .

Simanski ex rel. Simanski v. Secretary of Health & Human Services

96 Fed. Cl. 588 · United States Court of Federal Claims · Dec 15, 2010

Maertens concluded that the “determination of whether the immunizations were a factor in the onset of GBS in a child who had an upregulated immune system from an infectious process is best made by an immunologist.” Id. … immunization (transfer of autoreactive-T cells or autoantibod-ies induce the disease).

Obligation of United States to Compensate Court-Appointed Expert Witnesses in Pending Litigation

Department of Justice Office of Legal Counsel · Jul 20, 1977

We think that Rule 706, on its face, clearly waives the presumption against the United States’ suability and authorizes payment for the compensation of court-appointed expert witnesses. … Subsection 706(b) establishes two categories of cases for determining how court-appointed expert witnesses are to be compensated.

Nsk Corp. v. United States

821 F. Supp. 2d 1349 · United States Court of International Trade · Mar 6, 2012

Plaintiff claims that it unlawfully was denied affected domestic producer (“ADP”) status, which would have qualified it to receive distributions for fiscal years 2005-2007 under the CDSOA. … United States, 552 U.S. 130 (2008), SKF USA II, 556 F.3d at 1348, and 28 U.S.C. § 2636(i), we conclude that § 2636(i) constitutes a limitation on the government’s waiver of sovereign immunity and that the statute of limitations

Ehrhart v. Commissioner

57 T.C. 872 · United States Tax Court · Mar 28, 1972

To become recognized as a fully qualified actuary, one must pass a series of 10 examinations administered by the Society of Actuaries, the authoritative organization which establishes the qualifications of actuaries in the … As a prerequisite to matriculation a student was required to have passed the first two examinations, or to have demonstrated clearly his ability to pass such examinations.

Wiggins Bros. v. Department of Energy

667 F.2d 77 · Temporary Emergency Court of Appeals · Oct 14, 1981

The general context of the transcripts leads the court to this conclusion as well as specific testimony within the transcripts that establishes that a hydraulic relationship exists between injection and recovery wells and … This conclusion is clearly erroneous.

Grady v. United States

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.

Mansfield v. United States

71 Fed. Cl. 687 · United States Court of Federal Claims · Jun 30, 2006

Under the Tucker Act, sovereign immunity is waived for “any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or … employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance

Andrew C. Eller, Jr. v. Office of Personnel Management

2014 MSPB 72 · Merit Systems Protection Board · Sep 5, 2014

OPM “may authorize exceptions beyond the 4-year limit when the extension is clearly justified and is consistent with applicable statutory provisions.” 5 C.F.R. § 316.301(b). … Thus, this case is dissimilar from those envisioned by the rule established in OPM’s Handbook where an employee voluntarily leaves long-term employment and accepts a short-term position.

Andrew C. Eller, Jr. v. Office of Personnel Management

2014 MSPB 72 · Merit Systems Protection Board · Sep 5, 2014

OPM “may authorize exceptions beyond the 4-year limit when the extension is clearly justified and is consistent with applicable statutory provisions.” 5 C.F.R. § 316.301(b). … Thus, this case is dissimilar from those envisioned by the rule established in OPM’s Handbook where an employee voluntarily leaves long-term employment and accepts a short-term position.

Haddon Housing Associates, LLC v. United States

99 Fed. Cl. 311 · United States Court of Federal Claims · Jun 24, 2011

Generally, a condition precedent “must be performed or happen before a duty of immediate performance arises on the promise which the condition qualifies.” … The Owner shall submit to HUD supporting data, financial statements and certifications which clearly support the increase.”); id. at 13 (§ 2.4(h)(1)) (listing the items the owner must submit with monthly requests for HAP

Mogab v. Commissioner

70 T.C. 208 · United States Tax Court · May 15, 1978

Section 1244(c)(1)(A) establishes a plan requirement: (1) In general. — For purposes of this section, the term “section 1244 stock” means common stock in a domestic corporation if — (A) such corporation adopted a plan after … Although section 1244(c)(1)(A) has no direct reference to a written plan containing a specific maximum dollar amount to be received thereunder, the Secretary of Treasury, in drafting section 1.1244(c)-l(c), Income Tax Regs., clearly

Allied Fidelity Corp. v. Commissioner

66 T.C. 1068 · United States Tax Court · Sep 27, 1976

of the Secretary or his delegate, does clearly reflect income. … Whether or not the method of accounting followed by AFIC would clearly reflect its income on the average or in the long run, see Hanover Insurance Co., supra, its income for the taxable year was not clearly reflected by the

Imbert Imports, Inc. v. United States

65 Cust. Ct. 697 · United States Customs Court · Jul 23, 1970

advise the United States Tariff Commission, and the said Commission shall determine within three months thereafter whether an industry in the United States is being or is likely to be injured, or is prevented from being established … Consequently, whatever actions were taken with regard to said importation were clearly in conformity with section 202 (a) of said act which provides for the imposition of a special dumping duty on “all imported mechandise

Saviano v. Commissioner

80 T.C. 955 · United States Tax Court · May 18, 1983

We agree with the respondent that the petitioner has erroneously concluded that a payment for tax purposes is established merely by proof that money or other property has changed hands. … Consideration of the documentation alone clearly establishes that no actual obligation was intended or created and no economic detriment suffered for which a deduction can be allowed under section 616(a) or any other section

Keehn v. United States

110 Fed. Cl. 306 · United States Court of Federal Claims · Mar 1, 2013

United States, 420 F.3d 1343 , the United States Court of Appeals for the Federal Circuit articulated the requirements for qualifying for the continuing claims doctrine, as follows: “In order for the continuing claim doctrine … Section 1498(b) “codifies a limited waiver of sovereign immunity for copyright infringement claims against the government and establishes this court as the exclusive forum to hear such claims.” Blueport Co., LLP v.

Stratton v. Commissioner

52 T.C. 378 · United States Tax Court · Jun 4, 1969

While deferral of home leave appears to constitute an exception to the established policy of the Department of State, the regulations clearly contemplate that such an exception may be made for personal reasons so as to “avoid … The regulations pertaining to home leave indicate the clearly personal nature of home leave.

Thrift v. Commissioner

15 T.C. 366 · United States Tax Court · Sep 29, 1950

The petitioner’s conduct prior to the year 1946 clearly establishes that he acquired the property as an investment and was not engaged in the business of buying and selling real estate. … In our opinion, the record clearly establishes that petitioner undertook to subdivide the tract, improve the streets, and install the water and sewer systems only because the-'builders were financially unable to provide for

Wackenhut International, Inc. v. United States

42 Cont. Cas. Fed. 77,236 · United States Court of Federal Claims · Jan 13, 1998

The contract solicitation established a point system for evaluating competing proposals. … Section 4864 clearly expresses Congress’ intent that the preference therein not be interpreted to oblige DOS to grant a contract to an offeror who is not properly licensed by the host government.

Decca Hospitality Furnishings, LLC v. United States

391 F. Supp. 2d 1298 · United States Court of International Trade · Aug 23, 2005

Consequently, Commerce establishes a single rate for all state-controlled companies. … This principle is clearly broad enough to apply when Commerce requests other parties to act on its behalf.