Case law

National Cored Forgings Co. v. United States

132 F. Supp. 454 · United States Court of Claims · Jun 7, 1955

We are here concerned with a controversy growing out of a contract entered into pursuant to the market guarantee program established by section 12 of the Veterans’ Emergency Housing Act, supra. … The RFC and the other Government corporations are agents of the United States and clearly, when their acts are within their statutory authority, they are acting under the authority of the United States.

Iei-Cityside Jv v. United States

122 Fed. Cl. 750 · United States Court of Federal Claims · Aug 25, 2015

Further, IEI-Cityside is clearly an interested party. It is an actual bidder whose direct economic interest has been affected by the SBA’s decision. … Pl.’s Br. 11, 14 (claiming that the transition period establishes impossibility of complying with regulations).

Tarsell v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 8, 2016

Phillips was qualified to explain epidemiological studies. Tr. 335-38. Ultimately, Dr. Phillips’s opinion was that the HPV vaccination did not cause Christina’s death. Tr. 338-39. … When the body’s immune system responds to the antigen, the immune system mistakenly attacks the host. Tr. 193; see also Tr. 375, 418. The term for a similarity in molecular structure is “homology.” See Dorland’s at 868.

Lone Star Industries, Inc. v. United States

109 Fed. Cl. 746 · United States Court of Federal Claims · Feb 27, 2013

The Tucker Act operates as a waiver of sovereign immunity, but does not create causes of action against the United States. United States v. Mitchell, 463 U.S. 206, 216 (1983); United States v. … The Louisiana Supreme Court admonishes against finding servitudes where they do not clearly exist.

Cubic Defense Systems, Inc. v. United States

45 Fed. Cl. 239 · United States Court of Federal Claims · Sep 23, 1999

In addition, the notice stated that Metric was the only qualified source, and found Metric to be uniquely qualified because it owned the Pods and the Debriefing Stations and the proprietary data to the hardware and software … Cubic’s proposal was general in nature, clearly not tailored to the CLS procurement it challenges now.

Diversified Maintenance Systems, Inc. v. United States

93 Fed. Cl. 794 · United States Court of Federal Claims · Jul 28, 2010

HUBZone small business contractor eligible for award here, such discovery is clearly warranted. … HUBZone-qualified by SBA on January 18, 2006.

General Motors Corp. v. United States

770 F. Supp. 641 · United States Court of International Trade · Jul 23, 1991

Thus, in order to qualify for item 807.00, TSUS, allowances, a party must satisfy each of the aforementioned conditions. Samsonite Corp. v. … The finish painting operations performed abroad are, by the criteria established by caselaw, minor and clearly subordinate to the assembly process.

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

104 Fed. Cl. 457 · United States Court of Federal Claims · Apr 18, 2012

The Vaccine Act establishes two methods of proving causation. … Frye’s theory begins with the process of immune activation. Foreign agents, such as vaccines, activate the body’s immune system. Tr. 55:5-21 (Frye).

A. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 10, 2019

Leist briefly concluded that B.A. did not qualify at any level of diagnostic certainty for ADEM. Resp. Ex. I at 8; see also Tr. 320. Dr. … I agree that because B.A. had no positive findings on MRI, she would not qualify for the diagnosis at these levels. However, the third level does not require positive MRI findings.

Oil Shares, Inc. v. Commissioner

29 B.T.A. 664 · United States Board of Tax Appeals · Jan 5, 1934

. * * * « * * * * In reply you are advised that your employment of an inventory basis for income tax purposes is dependent upon whether or not you can qualify as a dealer in securities as that term is defined in Article 105 … The proof clearly shows, however, that the petitioner bought and *668 sold securities solely for its own account.

Buxkemper v. Secretary of Department of Health

32 Fed. Cl. 213 · United States Court of Federal Claims · Oct 4, 1994

The symptoms which qualify as a residual seizure disorder are described in 42 U.S.C. § 300aa-14(b)(2). … The eligibility determinations for compensation resulting from vaccine-related injuries or vaccine-related deaths clearly are distinguishable in the statute.

Cooper v. United States

203 Ct. Cl. 300 · United States Court of Claims · Dec 19, 1973

He seeks an order establishing his status, correcting his military records, and giving him appropriate retired pay as a colonel. … qualifies for retirement.

Ad Hoc Utilities Group v. United States

625 F. Supp. 2d 1330 · United States Court of International Trade · Jun 15, 2009

Because the utility companies individually do not each qualify either as producers or importers of the subject uranium and because the companies as a group do not qualify as a trade or business association a majority … AHUG Members Have Not Established Standing as “Importers” which are producers, exporters, or importers of such merchandise.”

Amoco Production Co. v. United States

17 Cl. Ct. 590 · United States Court of Claims · Aug 7, 1989

Plaintiff must qualify under both subsections (a) and (b) for section 3315 to apply. … Deference is even more clearly in order where an administrative regulation, rather than a statute, is involved.” Marathon Oil Co. v.

SIBRUN

18 I. & N. Dec. 354 · Board of Immigration Appeals · Jul 1, 1983

Prejudice is the sine- qua non for establishing that a hearing was unfair. Id. … Accordingly, where federal criminal procedure standards are satisfied, the less rigorous requirements applidable to civil, administrative pro- ceedings clearly will have been fulfilled as well.

Alinco Life Insurance Company v. The United States

373 F.2d 336 · United States Court of Claims · Feb 17, 1967

In my opinion, Alineo is clearly correct in its basic contention. … When this is done, it is admitted that Alinco’s reserve-ratio is 100 percent and hence it clearly qualifies as a life insurance company under section 801.

Lehrman v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 16, 2018

Additionally, what petitioner may have thought his descriptive terms meant clearly had different meanings to his physicians. However, I understood petitioner’s testimony to be that he tried to explain to Dr. … Petitioner’s immune system was already activated due to the URI; the flu vaccine was a subsequent immune challenge which “boosted” the immune response.

Dambach v. Principi

14 Vet. App. 307 · United States Court of Appeals for Veterans Claims · Apr 3, 2001

Quite clearly, even assuming it had the authority to do so, the Federal Circuit did not direct the award of benefits. … We are not privy to the case loads, the number of remands taking precedence over this case, and the relative priorities established at the BVA or the regional offices.

Acker v. United States

620 F.2d 802 · United States Court of Claims · Apr 2, 1980

The Overseas Teachers Act was clearly designed to alleviate the problems the Department of Defense had encountered in applying Civil Service rules to nine to ten month professional employees. … Yet that Act’s legislative history clearly shows an intent to provide teachers living quarters allowance and post differential on the same basis as other employees, supra.

Eiry Trust v. Commissioner

77 T.C. 1263 · United States Tax Court · Dec 16, 1981

The trust was established "to provide for the welfare and good of the inhabitants of Seneca County Old Folks Home, Seneca County, Ohio.” … Clearly, petitioner is not entitled to a declaratory judgment under section 7428 to determine whether it is qualified to have its income exempt from taxation under section 115.