Case law

Strauss v. Commissioner

35 B.T.A. 673 · United States Board of Tax Appeals · Mar 12, 1937

We therefore conclude that plaintiffs in error have failed to sustain the burden cast upon them of establishing that they were officers of a state or a subdivision of a state within the exception of section 201 (a). … In support of this he points to his appointment by each of the boards of trustees and to the fact that he qualified in each case by taking an oath of affice.

Hoopa Valley Tribe v. United States

596 F.2d 435 · United States Court of Claims · Mar 21, 1979

L. 94-574 and the Tucker Act establishes a dichotomy not unlike that in the courts of equity and law in olden days. … News 6121, 6122-26, 6131-36; Davis, Sovereign Immunity Must Go, 22 Ad. L. Rev. 383, 403-05 (1970); Jacoby, Roads to the Demise of the Doctrine of Sovereign Immunity, 29 Ad. Law Rev. 265, 270-71 *512 (1977).

Worthington v. United States

50 Fed. Cl. 712 · United States Court of Federal Claims · Nov 5, 2001

Based on a review of the EEO proceeding, it was clearly the type of administrative adjudication envisioned by the Supreme Court. … According to 5 U.S.C. § 6127 (a), agencies are permitted to establish compressed work schedules notwithstanding the basic 40 hour workweek and eight hour day established by 5 U.S.C. § 6101 (1988).

VIZCAINO

19 I. & N. Dec. 644 · Board of Immigration Appeals · Jul 1, 1988

Alternatively, the petitioner contends that the evidence clearly establishes both paternity and a bona fide parent-child rela- tionship and that, accordingly, the Board should simply grant the petition. … Unlike the stepchild provision, section 101(b)(1)(D) of the Act, as amended, does carry specific qualifying language. Since Congress qualified the language, we must give some meaningful effect to it.

Dixon Ticonderoga Co. v. United States Customs & Border Protection

366 F. Supp. 2d 1352 · United States Court of International Trade · Apr 4, 2005

The Court explained that the Court No. 04-00027 Page 7 plaintiff “should not become immune from the antidumping laws because Commerce missed the deadline … The statutory language clearly indicates Congress’ intention that the domestic industry affected by dumping or subsidies benefit from the trade laws, but is silent regarding timing requirements.

International Management Services, Inc. v. United States

80 Fed. Cl. 1 · United States Court of Federal Claims · Dec 21, 2007

This is not true in the instant case, where Torres remains a qualified bidder in the competitive range. … Plaintiff clearly filed its protest within five business days of discovering the identity of the awar-dee.

K.T. Ex Rel. Dudenhoeffer v. Secretary of Health & Human Services

132 Fed. Cl. 175 · United States Court of Federal Claims · May 22, 2017

The special master heard the testimony of two well-qualified experts offering contradictory opinions as to vaccine causation. … Gibbons, clearly did not share Dr. Voss’s expressed concerns. Compare Pet’r’s Ex. 12 at 1, with Pet’r’s Ex. 37 at 7. Instead, Dr.

Trinco Investment Company v. United States

United States Court of Federal Claims · Oct 31, 2018

Our precedents clearly establish that only controversies in the former category may be removed from Art. … This result is clearly contrary to Congress’s plenary power over inferior courts in Article III. Patchak v.

Application of Section 504 of the Rehabilitation Act to HIV-Infected Individuals

Department of Justice Office of Legal Counsel · Sep 27, 1988

the established standards for that inquiry. … Accordingly, from a purely scientific perspective, persons with HIV infection are clearly impaired. They are not com­ parable to an immune carrier of a contagious disease such as Hepatitis B.

Annuity Transfers, Ltd. v. United States

86 Fed. Cl. 173 · United States Court of Federal Claims · Mar 18, 2009

The waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969). … Not only does such an order constitute declaratory relief that this court is unable to provide, but section 5891 clearly requires plaintiffs to obtain the qualified order from a Louisiana state court.

Klamath Tribe Claims Committee v. United States

106 Fed. Cl. 87 · United States Court of Federal Claims · Jul 16, 2012

United States, 436 F.2d 1008, 1010-11 (Ct.Cl.1971). 2 Section 10 of the 1954 Act authorized the government to dispose of federally-owned property acquired for administration of the Tribes or to transfer this property to qualifying … , “there remains the interest of the courts and the public in complete, consistent, and efficient settlement of controversies,” which implicates the “public’s stake in settling disputes by wholes, whenever possible, for clearly

Fire-Trol Holdings, LLC v. United States

62 Fed. Cl. 440 · United States Court of Federal Claims · Oct 12, 2004

Fire-Trol also alleges that the USFS failed to follow relevant statutory and regulatory provisions in modifying its requirements for qualifying products to be included on its qualified products list (“QPL”) for wildland fire … Congressional consent to suit in the Court of Federal Claims, which thereby waives sovereign immunity, must be explicit and strictly construed. United States v.

DHANASAR

26 I. & N. Dec. 884 · Board of Immigration Appeals · Jul 1, 2016

Finally, in what may be construed as either a fourth restatement of prong three or as an explanation of how to satisfy it, we state that “it clearly must be established that the alien’s past record justifies projections of … These concepts have proven to be difficult for many qualified individuals to establish or analyze in the abstract.

Inner Secrets/Secretly Yours, Inc. v. United States

20 Ct. Int'l Trade 210 · United States Court of International Trade · Feb 7, 1996

“[A] statute authorizing the recovery of attorneys’ fees and expenses from an agency of the United States constitutes a waiver of sovereign immunity, and must be strictly construed.” United States v. … Furthermore, plaintiff did not establish that its claimed storage expenses and losses arising from the sale of its merchandise are recompensable under the EAJA.

Mata v. United States

118 Fed. Cl. 92 · United States Court of Federal Claims · Sep 3, 2014

CPAC will determine if Complainant is qualified for the vacancy and will notify the Chief of Staff of any positions for which he qualifies. … Holmes’s record clearly was to prevent Mr.

Campbell v. Secretary of Health & Human Services

90 Fed. Cl. 369 · United States Court of Federal Claims · Oct 26, 2009

Keep in mind Sjogren’s, lupus versus immune phenomenon simply triggered by the immunization that will gradually resolve.” Id. Ms. Campbell saw Dr. Gilhooly again in February 2004. Entitlement Decision at *4. Ms. … Brawer, was “a highly qualified expert witness whose extensive credentials [were] not in dispute.” Id. “[W]here a highly qualified expert such as [Dr.

Kamen Soap Products Co. v. United States

110 F. Supp. 430 · United States Court of Claims · Mar 3, 1953

The sovereign immunity of the Government from suit was waived in the very acts of Congress establishing this-court and conferring upon it jurisdiction to determine claims against the Government. … We think the 1855 act clearly evidenced the recognition by Congress of power in the court thereby established to issue subpoenas duces tecum requiring the production of government documents.

Cerrone v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 1, 2023

Santoro was not qualified to opine on the molecular underpinnings of inflammatory diseases. … Liacouras could not find record evidence that Petitioner’s second or third HPV doses had caused a worsening of UC symptoms (although the record does clearly establish general worsening between February and March 2016).

Hale ex rel. Hale v. Secretary of the Department of Health & Human Services

22 Cl. Ct. 403 · United States Court of Claims · Jan 15, 1991

Subsection (2)(B) makes it necessary to show the cause of a condition before it can qualify as a “factor unrelated” to the vaccine administration. … Cryptogenic infantile spasms by definition do not qualify.

W.E. Partners II, LLC v. United States

119 Fed. Cl. 684 · United States Court of Federal Claims · Jan 12, 2015

The Tucker act establishes Court of Federal Claims jurisdiction and waives sovereign immunity over certain claims against the United States, including those founded upon federal statutes and regulations. Id. … In Chevron, the Supreme Court established the primary test for determining whether to afford deference to an agency’s interpretation of a law which the agency administers. See Chevron, 467 U.S. at 842-43.