Case law

Energy Reserves Group, Inc. v. Department of Energy

589 F.2d 1082 · Temporary Emergency Court of Appeals · Oct 31, 1978

In that case the validity of a regulation establishing future prices of unleaded gasoline was issued on July 1, 1974, by FEO (predecessor to FEA). … Because the FEAA and § 7(i) thereof are clearly inapplicable to Ruling 1974 — 29, the references to the legislative history of the FEAA and to Shell Oil Company v.

Morgan v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 17, 2020

trigger the immune system to injure the nervous system.” … According to this theory, bacteria “triggers an immune system and then the immune system attacks the heart and the brain, as well as the joints.” Id. at 39:20–23. Dr.

Kelly v. Secretary of Health and Human Services

United States Court of Federal Claims · May 5, 2023

Morgan successfully establishes two broad predicates for his theory of causation. … Morgan opines in favor of vaccine causation despite clearly failing to support the three-part test he himself set forth for establishing the relevance of molecular mimicry. (Ex. 20, p. 2.)

Walden v. United States

22 Cl. Ct. 532 · United States Court of Claims · Feb 20, 1991

The Board of Veterans Appeals established a service connection for plaintiff's PTSD on August 30, 1983. … The scope of judicial review is narrow: To overturn the board’s decision, plaintiff must prove by cogent and clearly convincing evidence (1) a material legal error or injustice in the correction board proceeding and (2) an

Horse v. United States

49 Fed. Cl. 419 · United States Court of Federal Claims · May 17, 2001

Plaintiffs counter that the plain language of the CDA and its legislative history establish that their contracts are covered by the Act. … Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Prod. Safety Comm’n v.

Strahle v. United States

602 F.2d 344 · United States Court of Claims · Jul 18, 1979

This is not a case in which the misrepresentations of an agent of the Government caused plaintiff to waive a vested right to which he was clearly entitled. … The DCSPER is aware of the need to establish some type of program to enable continued utilization of recently commissioned OTRA officers who, under current policy, could not qualify for retirement under 10 U.S.C., Section

Gurr v. Secretary of Health & Human Services

37 Fed. Cl. 314 · United States Court of Federal Claims · Jan 17, 1997

. § 300aa-ll(c)(l)(C)(i), and that petitioners still had been unable to produce a qualified medical expert who could testify that DPT vaccination was the cause-in-fact of Curtis’ death. … In sum, the special master’s disregard of and failure to consider relevant evidence, argue petitioners, constitutes an irrational and clearly erroneous exercise of judgment that should be reversed by this court.

Mid Continent Nail Corp. v. United States

34 Ct. Int'l Trade 512 · United States Court of International Trade · May 4, 2010

The plaintiffs argue that these examples clearly illustrate “targeted dumping” under 19 U.S.C. § 1677f-1(d)(B)(i), but would not be classified as such under Commerce’s test. (Id.) … Furthermore, plaintiff has done nothing to attempt to establish that on this record the five percent requirement is unreasonably high.

Advanced Concepts Enterprises, Inc. v. United States

United States Court of Federal Claims · Feb 26, 2019

Having concluded that ACEs had not established that NAICS code 541715 was clearly erroneous for this RFP, OHA stated that “it is unnecessary to consider the NAICS code [ACEs] advocates.” AR 3892. … Second, ACEs claim that it could partner with subcontractors to meet CLIN 006 requirements, without more details, is not sufficient to establish that ACEs is qualified.

Delphi Petroleum, Inc. v. United States

717 F. Supp. 2d 1340 · United States Court of International Trade · Jul 9, 2010

Although the United States is generally immune from suit, EAJA waives the United States’ sovereign immunity for purposes of allowing a prevailing party to recover attorney’s fees and expenses under certain circumstances … Although Delphi would have been entitled to drawback of its HMT and MPF if its claims were timely filed, Delphi was not clearly entitled to a 19 U.S.C. § 1313(r)(1) statutory extension of the time to file.

Whitney Benefits, Inc. v. United States

30 Fed. Cl. 411 · United States Court of Federal Claims · Feb 10, 1994

Clearly that would be ambiguous as federal law discusses many different interest rates in varying contexts. … CDA actions are premised on the Tucker Act’s waiver of sovereign immunity. The protections of the fifth amendment, however, are not so dependent.

C.W. Over & Sons, Inc. v. United States

44 Fed. Cl. 18 · United States Court of Federal Claims · May 20, 1999

Having failed to establish the requisite elements, plaintiff cannot invoke the doctrine of mutual mistake. … Both provisions provide for possible immunity and apply in the event that an immunity exists.

Switzer v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 27, 2022

Feider more likely had a secondary immune response because of pre-existing immunity from receiving the vaccines previously. … Other studies have established that an immune-mediated necrotizing myopathy (IMNM) and subsequent renal damage can occur related to statin/fibrate therapy or influenza infection, but the precise mechanism with infection is

Legality Under Anti-Lottery Laws of Amendments to Simultaneous Oil and Gas Leasing Procedures

Department of Justice Office of Legal Counsel · Jun 8, 1981

See, e.g., 43 C.F.R. § 3112.4-1 (1979) (a lease “will be issued to the first drawee qualified to receive a lease”). … The regulations have now been amended to establish an offer and acceptance procedure that is more clearly in harmony with 153 the Secretary’s discretionary power.1 You ask whether

Estate of Rensenhouse v. Commissioner

31 T.C. 818 · United States Tax Court · Jan 23, 1959

settlement of the estate is such that the allowance, or any unpaid balance thereof, will survive as an asset of her estate in ease she dies at any time following the decedent’s death, the interest thus taken by the widow would clearly … allowed to her as a widow’s allowance remain unpaid, such amounts may be recovered by her representative [citing In re Rice’s Estate, 146 Iowa 48 , 124 N.W. 792 ], And effect of her death, after a decree unappealed from has established

Sylvania Electric Products, Inc. v. United States

479 F.2d 1342 · United States Court of Claims · Jun 20, 1973

Whether the disputed data qualified under the “significant sums” criteria ? III. … This burden was clearly discussed by the Board in a previous case, American Bosch Anna Corp., 65-2 BOA ¶ 5280.

Cordova v. United States

123 Fed. Cl. 685 · United States Court of Federal Claims · Oct 9, 2015

Although plaintiff asserts, with respect to General Sevier’s property, “that the title and right to his purchased lands were clearly proven,” plaintiffs complaint does not allege that General Sevier or his sons ever made … Cor-dova’s self-reported income’ and holdings might qualify him for in forma pauperis relief, his complaint is being dismissed for lack of jurisdiction for the reasons discussed above.

Wheeler v. Commissioner

1 T.C. 640 · United States Tax Court · Feb 24, 1943

That Congress clearly intended the section to apply to transactions in prior years admits of no doubt. … It indicates clearly that the terms and provisions thereof should be interpreted in the light of and in harmony with the rules and principles established by section 112, and sections 111 and 113 closely related therewith,

Green Gas Del. Statutory Trust v. Comm'r

147 T.C. 1 · United States Tax Court · Jul 14, 2016

Williams by his testimony established that even unprocessed LFG from all the landfills at issue was of sufficient quality to be used as fuel. Dr. … The Court does not have a way to verify such data or establish the credibility of the data providers. Fourth, Mr.

Goldstine v. Commissioner

33 B.T.A. 173 · United States Board of Tax Appeals · Oct 10, 1935

Petitioner is not entitled to the immunity unless he brings himself clearly within the rule under which exemption can be allowed. The mere fact that he received compensation from the board is not sufficient. … Clearly as to this item petitioner was merely an independent contractor.