Case law

Wheeler v. United States

3 Cl. Ct. 686 · United States Court of Claims · Oct 27, 1983

Case authority relied upon by plaintiffs clearly defines the law as to the lack of jurisdiction of this court to grant declaratory relief. … The Fair Labor Standards Act of 1938 established the Nation’s first statutory minimum wage and overtime rate for work in excess of a prescribed maximum number of hours per work week.

Jg Technologies, LLC v. United States

United States Court of Federal Claims · Nov 10, 2021

The United States has waived its sovereign immunity for patent infringement claims brought under 28 U.S.C. § 1498(a). … Mar. 10, 2017) (“The mere existence of a contract . . . is not enough to establish that authorization or consent was granted, but rather, a plaintiff must show that the Defendant authorized the infringement . . . before immunity

Wisconsin Farmer Co. v. Commissioner

14 T.C. 1021 · United States Tax Court · May 31, 1950

petitioner’s actual average base period net income did not reflect the normal operation for the entire base period of the business and therefore was an inadequate standard within the meaning of the statute, as will more clearly … (a) General Rule. — In any case In which the taxpayer establishes that the tax computed under this subehapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

Obligation of Federal Agencies to Pay Stormwater Assessments Under the Clean Water Act

Department of Justice Office of Legal Counsel · Feb 25, 2021

The CWA, as amended, established a National Pollution Discharge Elimination System (“NPDES”) that is “designed to prevent harmful discharges into the Nation’s waters.” Nat’l Ass’n of Home Builders v. … This same analysis largely responds to the Department of Defense’s concern that section 313(c)(2)(B) “clearly require[s] some additional action by Congress.” DOD Letter at 3.

Phoenix Mut. Life Ins. Co. v. Commissioner

96 T.C. 497 · United States Tax Court · Mar 26, 1991

Legislative History of Section 801(b)(1)(B) Second, respondent argues that the legislative history of section 801(b)(1)(B) conclusively establishes that the disabled lives reserve does not qualify. … The primary function of petitioner’s agents was to generate premiums, which clearly fall into the underwriting category.

Buckley v. United States

51 Fed. Cl. 174 · United States Court of Federal Claims · Dec 6, 2001

Buckley clearly meets the applicable statutory standard. … As DEA investigators, DIs are clearly in the law enforcement or firefighting field and the DEA is clearly an organization having a law enforcement mission.

Whether Department of Justice Attorney-Hiring Procedures Give Effect to the Veterans Preference Act

Department of Justice Office of Legal Counsel · Apr 10, 1979

Before this amendment the points were added to preference eligible scores if the points would bring the veterans up to the qualifying score. … Consequently, the points clearly benefitted only those preference eligibles who received marginal examination scores and needed the points to qualify for listing on the register.

RAMOS

23 I. & N. Dec. 336 · Board of Immigration Appeals · Jul 1, 2002

Although the rationales of the courts vary, those courts which clearly announce their own interpretations of the statute have all agreed that a driving while intoxicated crime such as the respondent’s is not a crime of violence … However, other volitional uses of a vehicle may qualify.

Hess Building Co. v. Commissioner

15 B.T.A. 891 · United States Board of Tax Appeals · Mar 15, 1929

Prior to March 1, 1913, many of the leaders in the silk, woolen, and other trades were permanently established within the district. … The evidence clearly shows, we believe, that at March 1, 1913, the petitioner was practically assured of a substantial profit from the operation of the Hess building.

Neptune v. United States

38 Fed. Cl. 510 · United States Court of Federal Claims · Jul 22, 1997

Regardless of whether their arguments are adopted, plaintiffs clearly have stated a claim upon which relief could be granted. Therefore, defendant’s motion to dismiss for failure to state a claim is denied. B. … We have emphasized that judicial review is only appropriate where the Secretary’s discretion is limited, and Congress has established “tests or standards” against which the court can measure his conduct.

Chapman v. Commissioner

48 T.C. 358 · United States Tax Court · Jun 21, 1967

It does not seek converts other than to the principles of Christianity generally and if successful urges these converts to establish their own native churches. … Clearly, religious purposes and means are not enough. Otherwise there would have been no necessity for Congress to distinguish between a "religious organization" and a "church."

Sol O. Schlesinger, D.B.A. Ideal Uniform Cap Company v. The United States

383 F.2d 1004 · United States Court of Claims · Oct 13, 1967

No authority is offered in support of this proposition, and clearly our order does not substantiate it. … Contracts QM 1761 and TAP-1933 permitted the 5-percent discount if payment were made within 20 days; contract QM 13919 required payment within 15 days to qualify for the discount. 5 .

Hage v. United States

35 Fed. Cl. 147 · United States Court of Federal Claims · Mar 8, 1996

The Act of 1866 clearly acknowledges vested water rights on public lands. … Defendant argues that plaintiffs do not qualify for compensation under 43 U.S.C. § 1752 (g) for three reasons.

CCL Service Corp. v. United States

43 Fed. Cl. 680 · United States Court of Federal Claims · May 10, 1999

Although jurisdiction may be broadened through legislation, the “waiver of immunity and creation of jurisdiction must be qualified by any conditions that Congress has placed on them.” … United States, 42 Fed.Cl. 880, 885 (1999) (noting intervention of non-interested parties would violate “principle that waivers of immunity must be narrowly construed”); Connolly v.

Boland v. United States

169 Ct. Cl. 145 · United States Court of Claims · Jan 22, 1965

However, the Navy regulations establishing the Correction Board provide in part: § 723.3 Application for correction. (e) Review of application. … Plaintiff also noticed that at times his jaw “seemed to jerk a little bit or tremble” and that he “could not speak clearly.”

Northwestern Improvement Co. v. Commissioner

14 B.T.A. 79 · United States Board of Tax Appeals · Nov 8, 1928

Section 13 of the Revenue Act of 1916 provides: A corporation * * * keeping accounts upon any basis other than that of actual receipts and disbursements, unless such other basis does not -clearly reflect its income, may, … During all the time here involved the petitioner was a subsidiary but not affiliated corporation of the Northern Pacific Railway Co., which, except for qualifying shares, owned all its stock.

Black & White Vegetable Co. v. United States

125 F. Supp. 2d 531 · United States Court of International Trade · Dec 12, 2000

Cir. 1998) ("If an error qualifies as an 'error in the construction of a law,' that inquiry is dispositive, but if it does not so qualify, the party seeking correction must still show that its error fits within one of the … Defendant errs in placing too great a significance on these decisions which were clearly limited to their particular facts.

Heath v. Commissioner

38 B.T.A. 1127 · United States Board of Tax Appeals · Nov 9, 1938

Section 6 establishes the form of the bonds, already set out in our findings of fact, but a portion of which may be quoted here: Under and by virtue of the act * * * the of (a municipal corporation) will on the second day … We have recently sustained the immunity of bonds with a similar obligation in Milo W. Bekins et al., Executors, supra,, at page 13 (California Acquisition and Improvement Act of 1925 bonds).

Myles v. United States

United States Court of Federal Claims · Feb 19, 2021

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.” … Myles’s claims are clearly beyond the subject matter jurisdiction of this court or clearly fail as a matter of law. IT IS SO ORDERED. MARGARET M.

Young v. United States

United States Court of Federal Claims · Jul 30, 2026

Young’s claim ultimately does not qualify for equitable tolling or accrual suspension. … Cir. 2017) (“failure to explicitly discuss every issue or every piece of evidence does not alone establish that the tribunal did not consider it”).