Case law

Application of Jack K. Dale

377 F.2d 661 · Court of Customs and Patent Appeals · May 25, 1967

The fact which the references establish is that hydrocortisone is more potent than cortisone acetate. … We do not think the present record establishes an unexpected “potentiation effect” flowing from the use of hydrocortisone.

Termicold Corp. v. United States

2 Cl. Ct. 351 · United States Court of Claims · May 6, 1983

. — With respect to an activity which is of a type generally considered to constitute entertainment, amusement, or recreation, unless the taxpayer establishes that the item was directly related to * * * the active conduct … regulations also quite clearly support the defendant’s interpretation of the statute.

Provost v. United States

60 Ct. Cl. 49 · United States Court of Claims · Dec 1, 1924

Quite as clearly he does not in this act as an agent, but assumes a new position. … Again, it is said that the case falls clearly within the first proviso to the statutes.

LEE

16 I. & N. Dec. 511 · Board of Immigration Appeals · Jul 1, 1978

Although oar sources tend to suggest that such an adoption would not have been allowed because it would have disturbed the order of the genera- tions, there is no source which clearly and indisputably permits such a … In view of the foregoing, we agree with the District Director that the petitioner has not established that the beneficiary qualifies as his "adopted" child since he has failed to show that such an adoption would be valid

Betz v. United States

40 Fed. Cl. 286 · United States Court of Federal Claims · Feb 3, 1998

Plaintiffs complaint and amended complaint do not clearly identify the theories of liability on which he relies. … “The United States, as sovereign, is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.” United States v.

Texas Learning Technology Group v. Commissioner

96 T.C. 686 · United States Tax Court · Apr 30, 1991

Therefore, local school districts are authorized and encouraged to establish programs to cooperate with the business community and with other educational and governmental institutions to recruit qualified persons who will … Clearly, petitioner does not qualify under this standard.

Frette v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 8, 2018

as a ‘Table’ claim qualified to a presumption of causation.” … Wirrell’s opinion “clearly mirrors” the Vaccine Injury Table definition of encephalopathy. Pet. Reply at 4.

Lester v. United States

85 Fed. Cl. 742 · United States Court of Federal Claims · Feb 17, 2009

The Back Pay Act can qualify as a money-mandating statute granting this Court jurisdiction under the Tucker Act. Worthington v. United States, 168 F.3d 24, 26 (Fed.Cir.1999). … Rather, the APA waives sovereign immunity only for claims seeking “relief other than money damages.” 5 U.S.C. § 702 (2006) (emphasis added).

Pucciariello v. United States

116 Fed. Cl. 390 · United States Court of Federal Claims · Jun 2, 2014

That letter clearly denied a right and fixed a legal relationship between Mr. … qualified to hold a DAR appointment” (quoting Compl.

Budhwani v. Commissioner

70 T.C. 287 · United States Tax Court · May 22, 1978

Upon his arrival, and until he established his own place of residence, petitioner temporarily stayed with a friend who lived in Chicago. … Petitioner’s employment, beginning in 1973, clearly exceeded the conditions of his entry visa.

Consumers Credit Rural Electric Cooperative Corp. v. Commissioner

37 T.C. 136 · United States Tax Court · Oct 31, 1961

The books and records of the co-operative shall be set up and kept in such a manner that at the end of each fiscal year the amount of capital, if any, so furnished by each patron is clearly reflected and credited in an appropriate … The question is one of fact and the petitioner has the burden to establish the debtor-creditor relationship. In Wilbur Security Co. v.

Prophet v. United States

106 Fed. Cl. 456 · United States Court of Federal Claims · Aug 8, 2012

Although this plaintiff may qualify for in forma pawperis status, as is discussed below, his complaint must be dismissed for lack of jurisdiction in this court. … It is well established that “‘subject-matter jurisdiction, because it involves a court’s power to hear a case, can never be forfeited or waived.’ ” Arbaugh v.

McGraw v. Brown

7 Vet. App. 138 · United States Court of Appeals for Veterans Claims · Nov 15, 1994

MeGraw, appeals an October 15, 1992, decision of the Board of Veterans’ Appeals (BVA or Board) which determined that new and material evidence had not been submitted to establish service connection for a neurological disorder … In fact, the medical evidence as well as the service medical records and other testimony indicate clearly that the “symptoms” referred to by Dr.

Peterson v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 24, 2025

But Langer-Gould’s authors actually qualified significantly this aspect of their study’s findings. … Of course, that is in fact what happened—and literature filed by Petitioner in this case clearly establishes that TM can be an initial presenting clinical manifestation of MS.

Parsons v. Commissioner

42 B.T.A. 1114 · United States Board of Tax Appeals · Oct 30, 1940

The petitioner was reappointed to that office on February 23,1931, and duly qualified under the reappointment on March 11, 1931. … Congress clearly has the power under that provision of the Constitution to make any changes which it desires with respect to the terms of office or the salary of justices of a legislative court.

A Classic Time v. United States

20 Ct. Int'l Trade 1198 · United States Court of International Trade · Oct 2, 1996

Relying on the axiom that, in the absence of express congressional consent to the award of interest separate from a general waiver of immunity to suit, the United States is immune from an interest award[, 2 ] the court of … In that case, the Service clearly was lacking information of the kind covered by section 1504(b)(1), supra. Here, the matter is not as clear.

Estate of Cutter v. Commissioner

62 T.C. 351 · United States Tax Court · Jun 20, 1974

King, 37 T.C. 973, 980 . * * * However, to prevent inclusion an ascertainable standard must still be established. … Por that reason the word “happiness” must be deemed qualified by the more limiting word “need.”

Corby Homes Ltd. Partnership v. United States

38 Fed. Cl. 204 · United States Court of Federal Claims · May 8, 1997

The Tucker Act is a waiver of sovereign immunity, which requires a substantive right to money from the United States for there to be jurisdiction in this court. Allred v. United States, 33 Fed.Cl. 349, 353 (1995). … To establish jurisdiction, plaintiff must identify a contract or money-mandating constitutional, statutory, or regulatory provision that vests this court with jurisdiction. See Sanders v.

McNulty v. United States

126 Ct. Cl. 573 · United States Court of Claims · Nov 3, 1953

For defendant contends, and it clearly appears from the record, that the proposed reclassification of which plaintiff was notified never became effective, and that plaintiff was never downgraded. … For your convenience, there is enclosed a list of Establishment Boards in the State of Florida.

Kemet Electronics Corp. v. Barshefsky

976 F. Supp. 1012 · United States Court of International Trade · Aug 19, 1997

If and when the agreement is submitted to Congress, it will be the result of action by the President, action clearly not reviewable under the APA.” Id. at 551-52 . … Plaintiffs need not assert a further cause of action or waiver of sovereign immunity. See Florsheim Shoe Co. v.