Case law

Skorupska v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 3, 2026

Schwartzberg on November 13, 2013, at 8 months and prior to any immunization, he [N.S.] was very clearly severely delayed in all domains.” (alteration added; internal reference omitted). Respondent’s expert Dr. … Therefore, it is inaccurate to claim that the timing of his injury is not established; the onset clearly occurred after the vaccination. (alteration added).

Franco-Italian Packing Co. v. United States

128 F. Supp. 408 · United States Court of Claims · Feb 8, 1955

Pacific Railroad, 120 U.S. 227 , 7 S.Ct. 490 , 30 L.Ed. 634 , established the rule that the sovereign is immune from liability for confiscation of private property taken by defendant, through destruction or otherwise, to … Therefore, such statements by Commander Waite, if they were made, do not establish a taking of plaintiff’s property. 4 The record conclusively establishes that plaintiff’s property was not appropriated by the defendant for

Environmental Safety Consultants, Inc.

Armed Services Board of Contract Appeals · Sep 2, 2014

Not establishing bias or partiality, however, are expressions of impatience, dissatisfaction, annoyance, and even anger, that are within the bounds of 2 The audit report stated that it could … A judge's ordinary efforts at courtroom administration-even a stem and short-tempered judge's ordinary efforts at courtroom administration-remain immune.

F. B. Vandegrift & Co., Inc. v. The United States

410 F.2d 1259 · Court of Customs and Patent Appeals · May 22, 1969

Dodge also indicated that he did not know of any importer in the U.S.A. other than his company who qualified for the prices in Appendix A (I), previously discussed. … The record, in fact, clearly establishes the contrary. * * * OPINION Appellant here, pointing out that the export value pursuant to section 402(b) is that applicable to sales of “usual wholesale quantities,” contends that

New Hampshire Ball Bearing, Inc. v. United States

815 F. Supp. 2d 1301 · United States Court of International Trade · Jan 3, 2012

(“Because it serves a substantial government interest, the Byrd Amendment is also clearly not violative of equal protection under the rational basis standard.”).6 We address below the four claims that are stated … In addressing generally the subject of due process challenges to retrospective legislation, the Supreme Court summarized an established principle, stating that “[i]t is by now well established that legislative Acts adjusting

Hagemann v. United States

21 Cust. Ct. 309 · United States Customs Court · Oct 11, 1948

Therefore, when the court below dismissed the appeal instead of finding a value for the merchandise, as directed by the statute, it clearly fell into error. … From the foregoing it is apparent to us that this witness was prepared, and we might add, also qualified, to testify, had he been permitted to answer, that there had been little, if any, variance in the price of this commodity

Sico Foundation v. United States

295 F.2d 924 · United States Court of Claims · Nov 1, 1961

As Judge Littleton pointed out in the first Sico decision, the law prior to 1951 had been rather clearly established that the destination of an organization’s income was more important than the source of its income for purposes … The record clearly establishes that these scholarships have served to increase student attendance and hence have resulted in the training of more qualified public school teachers than might otherwise have been true.

Wyoming Sawmills, Inc. v. United States

90 Fed. Cl. 148 · United States Court of Federal Claims · Nov 30, 2009

The jurisdiction of the United States Court of Federal Claims is established by the Tucker Act. 28 U.S.C. § 1491 (a)(1). … The burden of establishing jurisdiction falls upon the plaintiff. FW/PBS, Inc. v.

Wyble v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 24, 2026

In her reply, Petitioner emphasizes that her medical records and expert opinions clearly establish that she suffers from CIDP, as her treating neurologists at Jefferson and the University of Pennsylvania “repeatedly documented … I have reviewed expert opinions from neurologists and immunologists well qualified to offer their views.

WAY Media, Inc.

Trademark Trial and Appeal Board · Jun 3, 2016

In its initial brief, Applicant contends that the specimens show use “in the rendering and performance” of the services.4 In its reply brief, Applicant contends that the specimens “refer to the services, by clearly … The specimen cannot qualify as an acceptable advertisement due to the lack of any reference to the broadcasting services.

Bell v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 31, 2017

He also found significant Petitioner’s purported second reaction after her third dose of Hep B vaccine, noting that a secondary (memory) immune response is known to result more quickly than a first immune response. … Bell had suffered an immune response to any doses of the Hep B vaccine. Tr. at 316. In order to conclude that there was an immune response, there would, in Dr.

Jordan v. United States

205 Ct. Cl. 65 · United States Court of Claims · Jul 19, 1974

He is qualified for retention on active duty, physically. … Attempts at establishing an etiological diagnosis was not pursued.

Mark Dunning Industries, Inc. v. United States

60 Fed. Cl. 687 · United States Court of Federal Claims · May 27, 2004

Accordingly, this Court finds that plaintiff has established prejudice. III. … SBA stated that “[t]o the extent MDI’s appeal focuses on whether Si-Nor met the 35 percent employee HUBZone residency requirement at the time of its bid, that information was not considered by the AA/HUB because it was clearly

Application of Arthur F. Wagner and Karl A. Folkers

371 F.2d 877 · Court of Customs and Patent Appeals · Feb 9, 1967

The specification points out that: Science is beginning to secure control of poliomyelitis by means of immunization vaccines. … They clearly have the same general property and homologous compounds are expected to differ among themselves to a certain extent.

Moore's Cafeteria Services v. United States

77 Fed. Cl. 180 · United States Court of Federal Claims · Jul 13, 2007

Finally, the GAO found that, “[g]iv-en the price offered by the [SLA], while higher than the protester’s, was lower than the price of the third technically acceptable offeror, the comparison of offerors’ prices to one another clearly … the commodities produced by and the services provided by any qualified nonprofit agency for the blind or other severely handicapped individuals. 41 U.S.C. § 47 . .

Anthony Salazar v. Department of Veterans Affairs

2024 MSPB 11 · Merit Systems Protection Board · Sep 13, 2024

We agree with the administrative judge. ¶11 Statutes setting forth time limitations for filing claims generally are not jurisdictional unless Congress “clearly states” that they are. 5 Harrow v. … Department of Veterans Affairs, 498 U.S. 89, 92, 94-96 (1990) (holding that once Congress waives the Government’s sovereign immunity, the Court will presume that equitable tolling is available, and applying

Hayes v. Brown

4 Vet. App. 353 · United States Court of Appeals for Veterans Claims · Mar 11, 1993

The hospital reports from the University of Texas and Loudoun Memorial submitted after death clearly fall within the scope of § 3.327(b)(1) and thus, if so “deemed,” within the scope of 115.25(b). … Moreover, because these documents may now qualify as VA examinations, they may also fall within the scope of 115.25(a)(2), (a)(3).

Dall v. Commissioner

23 T.C. 580 · United States Tax Court · Dec 31, 1954

The essential fact which the petitioner has not established is that stock having a fair market value of $15,235.42, received by him in 1946, was compensation for personal services. … Clearly the payment was, in fact, a reimbursement for past expenses and an advance against future expenses. It, therefore, does not qualify under the specific requirements of section 107 (a).

Government of Sri Lanka v. United States

308 F. Supp. 3d 1373 · United States Court of International Trade · Apr 17, 2018

TCENTP Program The TCENTP program was established by Sections 51 and 52 of Sri Lanka’s Inland Revenue Act No. 10 of 2006. … Subsection (i) is clearly contingent upon export performance, as it requires that a company export non-traditional goods.

Ohio County & Independent Agriculture Societies v. Commissioner

43 T.C.M. 1126 · United States Tax Court · Apr 21, 1982

Since petitioner is exempt from tax under section 501(c)(3) , it is clearly an organization subject to a tax on its unrelated business taxable income *560 5 unless it has constitutional immunity from Federal taxation or its … Gerhardt, 304 U.S. 405 , 414-415 (1938) .This immunity is not limitless.