Case law

Alder Terrace Inc. v. United States

39 Fed. Cl. 114 · United States Court of Federal Claims · Sep 4, 1997

This court established in Anaheim Gardens v. United States, 33 Fed. … This argument is unavailing to plaintiffs, since clearly the facts of this case do not merit consideration of that doctrine.

J v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 2, 2021

s immunization history due to reports of TM following receipt of the Hepatitis B vaccine. Id. at 231. Dr. … IVIG therapy is used to treat immune system disorders. During an IVIG treatment, immunoglobulin (a combination of antibody proteins) is injected into the body to help the immune system fight off infections.

Tanya L. Towne v. United States

113 Fed. Cl. 87 · United States Court of Federal Claims · Oct 18, 2013

The resulting law ensures that disabled service members qualify for certain minimum severance payments, even if their service time would otherwise have been insufficient to qualify them for those payments under the general … Yet this particular conflict would clearly fall under the DoD’s definition of “combat-related operations,” as it would qualify as either a “riot, or any other action in which service members are engaged with a hostile or

Dotson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 26, 2024

Dotson filed a document from the Kentucky Immunization Registry, showing she received the flu and Covid-19 vaccinations on December 16, 2021. Exhibit 10. Ms. … absence of an express medical opinion on causation is not necessarily dispositive of whether a claim has reasonable basis, especially when the case is in its early stages and counsel may not have had the opportunity to retain qualified

Amergen Energy Co. v. United States

113 Fed. Cl. 52 · United States Court of Federal Claims · Oct 8, 2013

One fund is a “qualified” fund, the other is a “non-qualified” fund. 7 For TMI-1, at the time of purchase the qualified fund was valued at $132,934,830 and the non-qualified fund was valued at $168,667,515. Id. … One fund is a qualified fund, the other is a non-qualified fund.

GOMEZ-BELTRAN

26 I. & N. Dec. 765 · Board of Immigration Appeals · Jul 1, 2016

The respondent’s attorney then asked if he had “any other arrests or convictions anywhere in the world,” to which the respondent clearly answered, “No, sir.” … To qualify for cancellation of removal under section 240A(b)(1) of the Act, the respondent must establish, among other things, that he has been a person of 2 We note that the question on the cancellation application regarding

Chandler v. Mock. Mock v. Chandler

202 F.2d 755 · Court of Customs and Patent Appeals · Apr 10, 1953

. * * *” The board in its decision held that while Chandler’s proofs clearly established his prior conception of the invention in October of 1943, nevertheless Chandler was the last to reduce the invention to practice due … The board in reaching its conclusion properly proceeded in accordance with an established principle of patent law that tests of a complex mechanical device consisting of an aircraft carburetor must establish that the carburetor

WWRD U.S., LLC v. United States

211 F. Supp. 3d 1365 · United States Court of International Trade · Mar 1, 2017

9817.95 contains two relevant provisions: (1) subheading 9817.95.01, defined above; and (2) subheading 9817.95.05, which covers “Utilitarian items in the form of a three-dimensional representation of a symbol or motif clearly … Def.’s Mem. at 13 (merchandise must be “necessary and integral” to the ritual); Def.’s Reply at 9 (merchandise “must be clearly identifiable with and integral to performing the ritual”). 22 Section XXII includes “Special

Lax Electronics, Inc. v. United States

United States Court of Federal Claims · Jun 10, 2021

Second, Automatic alleged that DLA violated FAR § 9.205(a) by not allowing Automatic sufficient time to re-qualify for the QPL and by failing to give notice of DLA’s intent to establish a qualification requirement, including … The Federal Circuit in Hamlet provided four factors to establish whether a promulgating agency intended to establish a binding rule: “(a) whether the language of the provision is mandatory or advisory; (b) whether the provision

HAM Investments, LLC v. United States

89 Fed. Cl. 537 · United States Court of Federal Claims · Sep 30, 2009

The burden of establishing jurisdiction falls upon the plaintiff. FW/PBS, Inc. v. … Plaintiff has not established that it is “(1) a qualified finane[ing] institution; [and] (2) loaned money or at least made money available for the performance of the [underlying] contract.” Am. Nat’l Bank & Trust Co. v.

Porter v. Comm'r

130 T.C. 115 · United States Tax Court · May 15, 2008

The parties stipulated that petitioner does not qualify for relief from joint and several liability on the 10-percent additional tax under section 6015(b) or (c). … A trial de novo would be necessary and is clearly authorized in this situation; there may be only a skeletal administrative record.

Bar Bea Truck Leasing Co. v. United States

4 Ct. Int'l Trade 138 · United States Court of International Trade · Sep 28, 1982

Fundamentally, administrative action is not immunized from judicial review merely because the agency is called upon to exercise discretion in passing upon applications and making decisions thereon. Cf. Adams v. … In applying the foregoing well-established principles to the instant case, defendants’ motion to dismiss must be denied.

Whitehouse Hotel L.P. v. Comm'r

131 T.C. 112 · United States Tax Court · Oct 30, 2008

“A qualified conservation contribution is the contribution of a qualified real property interest to a qualified organization exclusively for conservation purposes.” Sec. 1.170A-14(a), Income Tax Regs. … To satisfy the second requirement, petitioner must establish the fact that, in addition to obtaining a qualified appraisal, it made a good faith investigation of the value of the servitude.

Flahertys Arden Bowl, Inc. v. Commissioner

115 T.C. 269 · United States Tax Court · Sep 25, 2000

Flaherty’s employer, Moss & Barnett, P.A., maintained a qualified profit sharing plan. Moss & Barnett, P.A., also maintained a qualified pension plan. … Braun is a lawyer and has provided services for qualified retirement plans since 1971. Mr.

DeMat Air, Inc. v. United States

30 Cont. Cas. Fed. 70,980 · United States Court of Claims · Mar 25, 1983

Plaintiff claims to qualify for special consideration in the procurement process, pursuant to the terms of the instant solicitation, as a “small business” entity (which is conceded by defendant). … The court should not substitute its judgment on such matters for that of the agency, but should intervene only when it is clearly determined that the agency’s determinations were irrational or unreasonable.

Clarke v. Brown

10 Vet. App. 20 · United States Court of Appeals for Veterans Claims · Jan 10, 1997

], The [VA] regulation clearly states that flight training after October 1,1981, may only be authorized in degree currículums in the field of aviation that included required flight training. 38 C.F.R. § 21.134 (b). … Rather, he is being denied benefits that were part of a program for which he no longer qualifies.

Best Foods, Inc. v. United States

39 Cust. Ct. 305 · United States Customs Court · Dec 18, 1957

Production is limited, under a program established by congressional authority. … To reduce in extent or degree; to moderate; qualify; lower; as, to modify heat, pain, punishment. * * * 4.

Melwood Horticultural Training Center, Inc. v. United States

United States Court of Federal Claims · May 21, 2021

or a qualified nonprofit agency for other severely disabled in accordance with regulations of [AbilityOne] and at the price [AbilityOne] establishes if the product or service is available within the period required by the … The Circuit went further, however, clearly stating that “[t]he same policy underlying B/ue & Gold supports its extension to all pre- award situations.” /d. at 1382.

Figueiredo v. Commissioner

54 T.C. 1508 · United States Tax Court · Jul 16, 1970

The trial was handled pro se and petitioners’ position has not been clearly articulated. … (a) In general. ⅜ * ⅜ any person required to file a return of information with respect to income, shall keep such permanent books of account or records, including inventories, as are sufficient to establish the amount of

American New Covenant Church v. Commissioner

74 T.C. 293 · United States Tax Court · May 19, 1980

of the Church ordained and established by this Charter to the following terms and conditions; TO-WIT: * * * * * * * 2. … Proc. 72-4, 1972- 1 C.B. 706 , provides, in part, that an exempt status will be recognized if proposed operations can be described in sufficient details to permit a conclusion that an organization will clearly meet the particular