Case law

BASF Wyandotte Corp. v. United States

674 F. Supp. 1477 · United States Court of International Trade · Sep 21, 1987

George was well-qualified to give his opinion that the merchandise was ink. … Although Bafixans do not fit easily into ordinary notions of either dyes or inks, the testimony clearly established that Bafixans fit the relevant industry definition of ink and perform as inks do.

Terrance D. Massie v. Eric K. Shinseki

25 Vet. App. 123 · United States Court of Appeals for Veterans Claims · Dec 19, 2011

Indeed, the sole reason panel consideration is necessary in this case is that the issue of what qualifies as a report of examination is vital to resolution of this appeal and VA has failed to promulgate a regulation clearly … Wesselius's May 1999 letter could not possibly qualify as a report of examination under § 3.157(b)(1).

Kingdomware Technologies, Inc. v. United States

107 Fed. Cl. 226 · United States Court of Federal Claims · Nov 27, 2012

See 38 U.S.C. § 8127 (b), (c), and (d) (each qualifying its terms with the phrase “for purposes of meeting the goals of subsection (a)”). … As the government argues, the VAAR are silent as to the role of the FSS in relation to the set-aside program established by the 2006 Act.

Estate of Letts v. Commissioner

109 T.C. 290 · United States Tax Court · Nov 24, 1997

The instructions for line 4 say that if the gross estate exceeds $500,000, the property for which the election is being made must be listed on Schedule M and clearly marked as “qualified terminable interest property”. … The Estate of James Letts, Jr., clearly indicated that the property was not qtip. James P.

ROTIMI

24 I. & N. Dec. 567 · Board of Immigration Appeals · Jul 1, 2008

Matter of Blancas, supra, at 461 (declining to read section 240A(a)(2) to include maintenance of status as a prerequisite for relief and finding that the legislative history’s reference to section 212(c) does not clearly … The toleration of Lok’s presence clearly did not legalize his intent to remain, which was still at odds with the statute, as Lok had to leave the country before he could enter as a legal alien.

M-R-M-S

28 I. & N. Dec. 757 · Board of Immigration Appeals · Dec 1, 2023

The Immigration Judge’s motive findings are not clearly erroneous. See Matter of N-M-, 25 I&N Dec. at 532. … Such a situation, however, does not qualify as persecution on account of membership in a particular social group. See Zetino v.

K-R-Y- and K-C-S

24 I. & N. Dec. 133 · Board of Immigration Appeals · Jul 1, 2007

Both respondents clearly were willing and able to relocate to South Korea, because they did, in fact, become citizens of South Korea before they came to the United States. … A person must qualify as a “refugee” in order to obtain asylum under section 208 of the Act.

Winkler-Koch Engineering Co. v. United States

16 Cust. Ct. 42 · United States Customs Court · Feb 13, 1946

The provision for pipes is not qualified and is all inclusive covering all pipes, not specially provided for, including oil well casings. IV. … Their form clearly answers the call of the definition, and that is sufficient.

LOUIE

14 I. & N. Dec. 421 · Board of Immigration Appeals · Jul 1, 1973

Section 241(1) of the Act exempts an - alien from deportation if it is established that: (1) the alien procured entry or documentation through fraud or misrepresentation; (2) the alien was otherwise admissible at the time … Dee. 432 (131A,1869), the Board clearly held that the terms of the statute do not prevent its invocation by an alien whose misrepre- sentation was innocent, as oppossed to fraudulent.

Ralph E. Saylor v. The United States

374 F.2d 894 · United States Court of Claims · Mar 17, 1967

If it had been an official car, owned by the Government and assigned to plaintiff to facilitate performance of his duties, I do not think it would have been immune from even a “fishing expedition” search. … With respect to plaintiff’s true status as we now know it, the sovereign’s intent is not at all clear and I see nothing defendant refers us to that establishes a decision by the military authority to exercise unlimited search

Taylor v. Commissioner

27 T.C. 361 · United States Tax Court · Nov 27, 1956

the accounts had been established, and that such individuals were the beneficial owners of the accounts. … Clearly, this situation is substantially different from that in Clay H. Brock, supra.

American Foundry v. Commissioner

59 T.C. 231 · United States Tax Court · Nov 13, 1972

Nor has the existence of any “program, policy, or custom having the effect of a plan” been established. … However, we cannot say that any amount in excess of $7,000 per year has been established as reasonable compensation.

Frances D'Aries v. James B. Peake

22 Vet. App. 97 · United States Court of Appeals for Veterans Claims · Apr 8, 2008

In contrast, the Board stated that it could not establish whether Dr. … Quinn’s specialty in neurology clearly “rendered] him qualified to address the effects of an organic brain disorder.” R. at 7-8. The Board concluded that there was no competent medical evidence linking Mr.

Kristopher Kelly v. Tennessee Valley Authority

2024 MSPB 1 · Merit Systems Protection Board · Jan 5, 2024

The Supreme Court has held that “interest cannot be recovered in a suit against the Government in the absence of an express waiver of sovereign immunity from an award of interest.” 3 In Library of Congress … Thus, the record clearly shows that the hourly fees for the appellant’s attorney were reduced prior to the total amount identified being included in the motion for fees.

Whether the Agreement with Iran Can Be Treated as Void in Part

Department of Justice Office of Legal Counsel · Feb 5, 1981

The Government is committed to argue that sovereign immunity and the act o f state doctrine do not preclude the suit. … 4 For example, the fact that the United States might regard the commitments made by us regarding the assets of the Shah as peripheral rather than essential to the agreement would not be determi­ native, since Iran quite clearly

Scottish American Inv. Co. v. Commissioner

12 T.C. 49 · United States Tax Court · Jan 27, 1949

Before the establishment of the Jersey City office, the income of petitioners was collected by the banks. … be pointed out that the Circuit Court of Appeals for the Third Circuit in its opinion, 142 Fed. (2d) 401, at pages 402 and 403, used the following language in stating the factual background for its decision : “The record clearly

Look v. Derwinski

2 Vet. App. 157 · United States Court of Appeals for Veterans Claims · Feb 6, 1992

His induction physical examination revealed no defects and indicated that he was physically and mentally qualified for general military service. R. at 8-11. … Clearly, this determination is based upon the invalidated language of 38 C.F.R. § 3.358 (c)(3).

Fesanco v. Secretary of Health & Human Services

99 Fed. Cl. 28 · United States Court of Federal Claims · May 16, 2011

Under these circumstances, a petitioner must establish causation in fact, ie., first, by establishing a prima facie case offering evidence of sufficient facts to establish each element of the claim and then by meeting a burden … To the contrary, the Government conceded that this case involves an ASD, and the medical records also clearly show several diagnoses of autism. Id.

Doe v. United States

16 Cl. Ct. 412 · United States Court of Claims · Mar 7, 1989

Defendant points out that the Supreme Court’s definition of “substantially justified” is less stringent than the former “clearly reasonable” standard. … The facts shown by plaintiff clearly establish a prima facie case for an award. Defendant’s defense required proof that another person was the original informant.

Amick v. United States

5 Cl. Ct. 426 · United States Court of Claims · Jun 6, 1984

This long established policy of non-liability is bottomed on public policy and not sovereign immunity, but, at any rate, it is a withdrawal of consent to be sued in such cases, if it can be said that such consent had previously … Because they clearly have suffered harm due to Corps error, the equities indicate that some recovery is appropriate.