Case law

Perez v. United States

37 Fed. Cl. 764 · United States Court of Federal Claims · May 5, 1997

The jurisdiction of this court to entertain claims against the government and grant relief is limited by the extent the United States has waived its sovereign immunity. United States v. … The court notes that the statute could easily have been worded more clearly by inserting the phrase "at the time of retirement” immediately after "reserve officer” in the preamble.

Aultman v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 19, 2025

Eudy’s credibility as her treating physician, arguing that he is uniquely qualified to opine on her clinical presentation and diagnosis. Id. at 3. … MacGinnitie established, the second immune system exposure after the initial, “training” exposure to the vaccination had not been in this case shown to exist or established. Second MacGinnitie Rep. at 1.

Raley v. Secretary of the Department of Health & Human Services

25 Cl. Ct. 247 · United States Court of Claims · Jan 30, 1992

Petitioners’ expert witness John Gaebler, M.D., stated that: I think it’s quite possible that he had an encephalopathy after the July 23 immunization. (Transcript at 104). Dr. … Petitioners must establish that the special master’s decision was unsupported by the record.

Barnes v. Comm'r

130 T.C. 248 · United States Tax Court · Jun 11, 2008

In sum, pursuant to the regulations, petitioner’s second Form 8857 was not a qualifying request for relief, and petitioner was not entitled to a second final administrative determination of relief with respect thereto. … The record does not clearly establish how the Letter 3657C was mailed, but we are not prepared to say that improper mailing of an otherwise valid final notice of determination would deprive this Court of jurisdiction.

L.G. Lefler, Inc. v. United States

32 Cont. Cas. Fed. 73,039 · United States Court of Claims · Oct 30, 1984

Here, the original contract price, as established by plaintiff’s bid, clearly contemplates the use of foreign steel. To lower the contract price further would result in an unjustified windfall to the government. … Similarly, the remedy fashioned by the Comptroller General should be used only where it will clearly serve the purposes which precipitated it.

Manlincon v. West

12 Vet. App. 238 · United States Court of Appeals for Veterans Claims · Mar 12, 1999

Summary disposition is not appropriate because this case requires application of an established rule of law to a novel fact situation. See Frankel v. Derwinski, 1 Vet.App. 23, 25-26 (1990). … Although her wording is not as clear as that found in the controlling statutes and regulations, a liberal reading of the appellant’s substantive appeal to the Board clearly revealed that she was expressing disagreement with

MASCORRO-PERALES

12 I. & N. Dec. 228 · Board of Immigration Appeals · Jul 1, 1967

as amended. of Lhe ground of exclud ability based on respondent's 1959 conviction of theft, granted in 1961 at a time when he stood convicted of only one offense did not preclude the subse- quent use of such crime to establish … the respondent's case is meritorious, we perceive no reason why the authority in 8 U.S.O. 1182 (c) should not be exercised and, when relief has been granted in accordance with the authorization of Congress, it would be clearly

Absher v. United States

9 Cl. Ct. 223 · United States Court of Claims · Dec 3, 1985

Then, in 1944, Congress established the present system which applies to all members of the uniformed services. … Few purposes are so clearly a legitimate congressional objective.

RP1 Fuel Cell, LLC v. United States

120 Fed. Cl. 288 · United States Court of Federal Claims · Mar 31, 2015

to a particular process within an establishment.’” … In addition, the conversion equipment may be treated as an integral part of the qualified facility, even if under different ownership or at a different site, if it is established that the conversion equipment

Cottingham v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 11, 2022

However, on appeal, the Federal Circuit held that the “no evidence” determination “rests on a clearly erroneous fact finding.” Cottingham, 971 F.3d at 1345. … With respect to etiology, “[b]ased on the temporal relationship between immunization and the development of symptoms, [the authors] cannot deny the possibility that immunization with HPV vaccines may secondarily induce sympathetically

Cheney Bros. v. United States

12 Ct. Cust. 195 · Court of Customs and Patent Appeals · Apr 21, 1924

The testimony in the case and the reports of the local appraiser clearly establish that the merchandise consists of industrial designs in pencil and water colors; as explained by the local appraiser, "the outlines of the … The testimony establishes, we think, that the designs were made by artists; that they are the conception of the artists who made them and that they are originals.

Stephens v. United States

358 F.2d 951 · United States Court of Claims · Feb 18, 1966

has held on many occasions that it has no power to review the decisions of the Secretary of one of the military departments or his authorized representatives in such *372 a case unless the petitioner shows by .cogent and clearly … We are unable to agree with plaintiff’s contention that the recited facts establish that the Army acted arbitrarily in his case.

Albert Mark Fonda

United States Tax Court · Jun 23, 2025

In petitioner’s words, this supposed rescission of contract “established my natural birthright and declared myself as the beneficiary, not the trustee for the STATE-created contracts or trusts established … Gross income likewise includes distributions from a qualified retirement plan. See §§ 61, 72(a)(1), 408(d)(1).

Week v. Commissioner

26 B.T.A. 340 · United States Board of Tax Appeals · Jun 9, 1932

He had never examined the particular site and stated that he did not consider himself qualified to value a water-power site. … Clearly, his testimony is of little or no value and is contradicted by that of the respondent’s witnesses.

Pierce v. Commissioner

22 T.C. 493 · United States Tax Court · Jun 8, 1954

C. 959 , I conclude that those cases are distinguishable, clearly, from this case, and, also, I find almost nothing to distinguish the facts here from those in Michael Downs, 7 T. C. 1053 . … this Court in the Johnson case and of the Court of Appeals for the Ninth Circuit in the Downs case to the facts here, I would conclude that the petitioner was not a bona fide resident of Iceland and, therefore, does not qualify

Libas, Ltd. v. United States

283 F. Supp. 2d 1327 · United States Court of International Trade · Aug 13, 2003

The Supreme Court in Pierce held that “. . . the exception for ‘limited availability of qualified attorneys for the proceedings involved’ must refer to attorneys ‘qualified for the proceedings’ in some specialized sense … Since we have no information that establishes any of these employees as members of the bar, they do not fall within the parameters of the $75 minimum. Bonanza, 11 CIT at 444.

David R. Gagne v. Robert A. McDonald

27 Vet. App. 397 · United States Court of Appeals for Veterans Claims · Oct 19, 2015

At oral argument, counsel for the appellant stated that he is not seeking to qualify this event as a stressor for purposes of establishing service connection for PTSD, and this event's qualification as a stressor is therefore … The Secretary is unable to establish that further efforts to obtain verification of the appellant's alleged stressors would be "futile." Id.

Smith v. United States

139 F. Supp. 305 · United States Court of Claims · Jan 31, 1956

Westinghouse Miller, died on January 22, 1950, and the plaintiffs duly qualified as executors under her will. On October 1, 1923, the decedent as grantor and her then husband, H. … The defendant relies on rules of transfer established by Burnet v. Guggenheim, 288 U.S. 280 , 53 S.Ct. 369 , 77 L.Ed. 748 , and Estate of Sanford v.

Bedell v. Commissioner

86 T.C. 1207 · United States Tax Court · Jun 18, 1986

The governing methodology in dealing with these regulations was established by this Court in Larson v. Commissioner, 66 T.C. 159 (1976). … Thus, in accordance with the latter requirement, since the trust must have “more” than half of the two determinative characteristics to qualify as an “association” rather than a trust, it must fail to qualify as such if it

RHP Bearings, Ltd. v. United States

83 F. Supp. 2d 1322 · United States Court of International Trade · Dec 16, 1999

Torring-ton argues if the Court were to adopt RHP-NSK’s position for calculating CV profit, the Court would clearly violate both of these rules. See id. … A zero-priced transaction, however, does not qualify as a “sale” and, therefore, cannot be included in Commerce’s dumping margin calculations.