Case law

Housing Authority of the City of Slidell

United States Court of Federal Claims · Jul 27, 2020

In sum, the FAC clearly alleges a contract with the government. … Rep. at 3 n.1, and, in any event, the FAC and the documents filed with the Court clearly establish that the HACS ACC is a government contract. See ECF Nos. 20-1, 20-2, 28-1, 29-1.

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.

Marilee Brown v. Department of the Interior

2014 MSPB 40 · Merit Systems Protection Board · Jun 4, 2014

The reasonableness of the appellant’s removal should be based solely on the medical evidence which, in this case, clearly established her physical inability to perform. ¶19 Generally, in instances where … were jobs for which she could not qualify in light of her medical restrictions.

Webster v. United States

90 Fed. Cl. 107 · United States Court of Federal Claims · Nov 30, 2009

The Tucker Act provides the waiver of sovereign immunity necessary to sue the United States for money damages, but a plaintiff must establish an independent substantive right to money damages from the United States, that … The years 1968, 1976, and 1985 are all clearly outside of the six-year statute of limitations.

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,

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.

Chiu v. Commissioner

84 T.C. 722 · United States Tax Court · Apr 15, 1985

He is knowledgeable and qualified as an expert in gems and minerals. … There’s no way to establish that kind of market. The price in this case as in most cases of very exotic gemstones is what the market will bear.

Sab Construction, Inc. v. United States

66 Fed. Cl. 77 · United States Court of Federal Claims · Jun 10, 2005

Again, such injury must be established with “reasonable certainty”. Id. However, “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Locke v. … The plaintiff argues that such uses qualify these costs as allowable contract administration costs under the contract.

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.

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.

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

Spencer v. Brown

4 Vet. App. 283 · United States Court of Appeals for Veterans Claims · Mar 1, 1993

The use of the words “pursuant to” clearly indicates that the benefits of this provision adhere only where the “Act or administrative issue” is one which provides a substantive basis for establishing entitlement to benefits … To the contrary, the provisions of section 3010(a) added by that Act, which establish effective dates for, inter alia, “a claim reopened after final adjudication”, clearly were intended to continue the provisions previously

Astorian-Budget Publishing Co. v. Commissioner

44 B.T.A. 969 · United States Board of Tax Appeals · Jul 10, 1941

We do not feel that such business experience qualified her to advise and consult on the major policies of a daily newspaper. … The payment more nearly complies with the second provision above, because it is the amount of salary that Lamkin received, it was paid to his heir, and the agreement clearly indicates that it was in recognition of services

Dominguez v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 19, 2018

Checkpoint inhibitors are a form of cancer treatment that allows immune cells to attack cancer cells by having them bypass internal “brakes” that limit what the immune cells consider foreign. … By filing a report that relied on mischaracterizations, statements that she was not qualified to make, and misdirection, Ms. Mikovits wasted the resources of the Vaccine Program.

W. T. Grant Co. v. Commissioner

58 T.C. 290 · United States Tax Court · May 15, 1972

At the time of the sale of the coupon book and the execution of the retail credit agreement, the petitioner would establish an account receivable of $110. … Thus, any cash sales are clearly segregated, and we are only concerned with those sales that were paid for in installments.

Lamare v. Secretary of Health and Human Services

123 Fed. Cl. 497 · United States Court of Federal Claims · Oct 27, 2015

(citing 42 U.S.C. § 300aa-12(c)(1) (“There is established within the United States Court of Federal Claims an office of special masters.”)). … No. 99-483, at 17-18 (1986) (The Senate Committee “believes that information regarding the adverse reactions to childhood vaccines including locality and State of immunization, date of the vaccination, information concerning

Volkswagen of America, Inc. v. United States

484 F. Supp. 2d 1314 · United States Court of International Trade · Mar 28, 2007

warranty repair cost, (17) qualifying warranty overhead cost, (18) total qualifying warranty cost. … Volkswagen has already successfully established that it contracted for “defect-free” merchandise.

World Publishing Co. v. United States

57 Ct. Cl. 1 · United States Court of Claims · Dec 5, 1921

just and shall take effect at such time and upon such notice as he may direct; that the Interstate Commerce Commission on a complaint “ shall ” enter upon a hearing concerning the justness and reasonableness of any order establishing … It might be said that had Congress intended to confer jurisdiction it would have clearly so provided. It did, in terms, confer jurisdiction of claims of a different character arising under this act.

ANABO

18 I. & N. Dec. 87 · Board of Immigration Appeals · Jul 1, 1981

Deportability was clearly established that the respondent was excludable at entry under sections 212(a)(19) and 212(a)(20) since he immigrated with an invalid first-preference visa he obtained by concealing his marriage. … A key element in qualifying for the 212(a)( 14) exemption is that the citizen relative must have filed a visa petition on the alien's behalf that would result in the exemption.