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Armed Services Board of Contract Appeals · Aug 21, 2014
The CDA is a waiver of sovereign immunity, and as such it must be strictly construed. Winter v. FloorPro, Inc., 570 F.3d 1367, 1370 (Fed. Cir. 2009). … In this case, Leidos has clearly and consistently represented that it does not sponsor BSC's appeal (SOF ~~ 9, 11).
Cited 0 timesPublishedJohn T. Lemily v. The United States
418 F.2d 1337 · United States Court of Claims · Dec 12, 1969
For the reasons that follow, the pre-1958 factual situation as outlined above does not qualify the plaintiffs for leave benefits under the 1951 Act. … Clearly, employees such as plaintiffs did not qualify.
Cited 6 timesPublished60 Cust. Ct. 672 · United States Customs Court · Jun 26, 1968
that the movements in question qualify as parts of music boxes under a criterion of either sole or chief use. … Clearly, “parts of toys” are not subject to the foregoing all-embracive language and hence their classification is subject to General Interpretative Rule 10(ij).
Cited 4 timesPublishedKlamath Irrigation District v. United States
67 Fed. Cl. 504 · United States Court of Federal Claims · Aug 31, 2005
Other cases in this court have likewise held that the suspensions of contracts under the ESA qualify as “public and general acts.” … At most, Yankee Atomic has a vested right to be immune from later attempts to retroactively increase the prices charged.
Disagreed with by Allegretti & Co. v. County of Imperial, 42 Cal. Rptr. 3d 122 (2006)Cited 30 timesPublished108 Fed. Cl. 656 · United States Court of Federal Claims · Feb 6, 2013
This presumption “may only be overcome by competent medical evidence establishing by a preponderance of the evidence that the disease was clearly neither incurred nor aggravated while serving on active duty_ Such medical … Wollman was subsequently determined to be "medically qualified for scholarship retention, appointment, combat arms assignment, and Airborne/Ranger training when otherwise qualified.” AR 163-64. . The report from Mr.
Cited 10 timesPublishedLincoln Electric Co. v. Commissioner
17 T.C. 1600 · United States Tax Court · Mar 26, 1952
Petitioner has properly assumed the burden of establishing the fact of reasonableness. … The record clearly establishes that petitioner’s incentive system materially contributed to increased productivity, enhanced earnings, reduced selling prices, avoided labor strife and work stoppages, and developed and retained
Cited 0 timesPublishedGreen v. Secretary of Health and Human Services
United States Court of Federal Claims · May 28, 2024
However, respondent contends that petitioner has not preponderantly established the fact of her allegedly injury-causing vaccination. (ECF Nos. 43, 84.) … Here, petitioner did later specifically request petitioner’s immunization records; however, as discussed above, Island Medical Group’s production of records in response to petitioner’s subpoena was clearly incomplete and,
Cited 0 timesUnpublishedM. B. I. Export & Import, Ltd. v. United States
39 Cust. Ct. 363 · United States Customs Court · Jul 16, 1957
Snow’s United States Sample Express Co., supra, “unless there is a clearly expressed congressional intent to the contrary. United States v. Pfaltz & Bauer (Inc.) et al., 16 Ct. Cust. Appls. 358 , T. … The narrow issue confronting this court is not whether a use provision should prevail over a descriptive provision, but whether a use provision qualified by a not specially provided for clause should prevail over a competing
Cited 4 timesPublished60 Fed. Cl. 319 · United States Court of Federal Claims · Apr 7, 2004
Gilbert’s job clearly involved the sort of desk work contemplated by this prong of the test. … Even assuming that some of Larson’s duties could qualify for the primary duty test, as in the other positions, plaintiffs argue that there is insufficient evidence that a majority of Larson’s duty could qualify for the primary
Cited 4 timesPublished93 Ct. Cl. 494 · United States Court of Claims · Apr 7, 1941
Since the foregoing act clearly establishes plaintiff’s status after August 13, 1940, giving him full credit after that date for his service in the Academy, the scope of this inquiry is limited to the period prior to August … It was, however, necessary for him to obtain a nomination for appointment, the permission of the War Department to take the qualifying physical examination, and to again take the prescribed, oath of office as a cadet. ■ And
Cited 0 timesPublished46 F.2d 364 · Court of Customs and Patent Appeals · Feb 3, 1931
Appellant entered the field on September 10, 1924, and the majority opinion rests its finding of diligence upon the following statement contained therein: We flunk that it has been clearly established by appellee that he … evidence that any person qualified to pass upon and determine the strength of the pins actually did so.
Cited 0 timesPublishedMetzger ex rel. Metzger v. Secretary of the Department of Health & Human Services
22 Cl. Ct. 123 · United States Court of Claims · Nov 19, 1990
They seek compensation under The National Vaccine Injury Compensation Program, as established by The National Childhood Vaccine Injury Act of 1986, Pub.L. No. 99-660, Tit. … The Vaccine Act was amended again recently by the Vaccine and Immunization Amendments of 1990, Pub.L. No. 101-502 (1990), although none of those amendments are pertinent to the case currently before the court. .
Cited 5 timesPublished2025 CIT 100 · United States Court of International Trade · Aug 8, 2025
are strictly followed, and . . . clearly set . . . so as to be capable of verification.” 19 U.S.C. § 1677(5A)(D)(ii). … Commerce cannot use “the existence of the criteria per se to establish specificity.” Hyundai Steel, 659 F. Supp. 3d at 1342.
Cited 0 timesPublished81 T.C. 505 · United States Tax Court · Sep 21, 1983
The record indicates that petitioner was not assigned any "risk rating,” but it does not establish that a "risk rating” would not have been assigned in the absence of satisfactory examination reports by the two physicians … (Part 2) 550-551. 9 In the circumstances, taking into account the agreement of both parties on this matter, as supported by the clearly articulated understanding of the relevant committees of both houses of Congress, which
Cited 14 timesPublishedLiu v. Secretary of Health and Human Services
United States Court of Federal Claims · Nov 13, 2019
At that time “[P]etitioner’s claim was clearly undermined and no longer objectively feasible.” Id. at *15. … Here, they argue, Petitioners offered eight expert reports by three qualified experts, each of the opinion that the vaccine caused Dan’s death. Id.
Cited 0 timesPublishedCSE Construction Co. v. United States
58 Fed. Cl. 230 · United States Court of Federal Claims · Aug 26, 2003
That is, although CSE was considered to be the “second best qualified offeror,” CSE was not selected because of its two marginal ratings and “unreasonably low” price. … These defects clearly suggest plaintiff had a substantial chance of receiving the COC.
Cited 34 timesPublishedUnited States v. Gardel Industries
33 C.C.P.A. 118 · Court of Customs and Patent Appeals · Jan 7, 1946
substantial type that would be used ordinarily as part of the machinery of a factory in the manufacture of the plaster of pans figures. *123 Furthermore, the witness Gardel, from his own statements, appears to be insufficiently qualified … The evidence submitted by appellee is not sufficient to clearly establish that at or immediately prior to the date of the importation of the molds they were not chiefly used in this country for the amusement of children.
Cited 1 timesPublishedBoyd Bros. Transp. Co. v. United States
27 Fed. Cl. 502 · United States Court of Federal Claims · Dec 30, 1992
Clearly, when evaluating intent, the IRS would not reasonably be expected to give any significant weight to such a self-serving document prepared after an audit has commenced. … While the IRS does not clearly articulate what act constitutes the required identification in Priv.Ltr.Rul. 85-31-006, the IRS does not indicate that a standard other than the "at the time of payment" standard articulated
Cited 1 timesPublishedCalifornia Vegetable Concentrates, Inc. v. Commissioner
10 T.C. 1158 · United States Tax Court · Jun 23, 1948
cent of the amount claimed under section 722 from the deficiency here being redetermined, the Commissioner may assess it and is, therefore, able to demand payment — and the taxpayer will have secured only temporarily the immunity … (a) In General. — The Secretary of the Treasury is authorized and directed to establish a credit to the account of each taxpayer subject to the tax imposed under this sub-chapter, for each taxable year ending after December
Cited 40 timesPublished45 Fed. Cl. 771 · United States Court of Federal Claims · Jan 14, 2000
Application of that rule in the context of easements held by railroads was perhaps most clearly explained in Kansas City Area Transp. … A "qualified trail provider” is a “state, political subdivision, or qualified private organization that is prepared to assume full responsibility for management of [railroad] rights-of-way and for any legal liability arising
Cited 39 timesPublished
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