Case law

Green 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,

Liu 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.

Bates v. United States

60 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

Estate of Gardner v. Commissioner

82 T.C. 989 · United States Tax Court · Jun 25, 1984

Aleen Macy is the duly qualified executrix and resided in Mattoon, Ill., at the time she filed the petition herein. Decedent’s estáte tax return was due to be filed by August 14, 1980. Sec. 6075(a). … For the reasons stated above, we hold that respondent’s denial of an extension of time for filing is not immune from review in this Court.

Fuller v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 14, 2020

A, Tab 29 at 2.7 While multiple genes have been implicated, a “genetic tendency is clearly insufficient in itself to cause febrile seizures.” Id. … Kinsbourne explains that “[v]accinations activate the innate immune system, which enables adaptive immunity to develop,” by stimulating the release of pro-inflammatory cytokines. Pet. Ex. 21 at 4.

Seah Steel Vina Corp. v. United States

182 F. Supp. 3d 1316 · United States Court of International Trade · Aug 31, 2016

Consequently, to qualify for an adjustment to its B&H values, SSV must satisfy two conditions. … Steel also asserts that, compared to regular J55, high-chromium J55 HRC renders the steel more immune to corrosion. U.S. Steel Br. 25. What is more, U.S.

SIAS

11 I. & N. Dec. 171 · Board of Immigration Appeals · Jul 1, 1965

What we are concerned ._ with in this case is not whether or not the appellant' is making an entry into the United States 2 •but whether she qualifies as an immigrant who is returning to an unre- ' linquished lawful permanent … Rosenberg, 874 U.S. 449, which Involved an innocent, casual and brief absence is clearly. inapplicable. 173 Interim Decision #1467 Form 1-151 which she presented at the time of her

Lawrence v. United States

69 Fed. Cl. 550 · United States Court of Federal Claims · Feb 1, 2006

It is well established that the Due Process Clause of the Fifth Amendment does not obligate the Government to pay money damages. Collins v. … The Government clearly has the authority to recoup funds that it erroneously paid and is not estopped from doing so by the mistakes of its officers or agents. Aetna Cas. & Sur. Co. v.

POSCO v. United States

2025 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.

Whitcomb v. Commissioner

81 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

CHAIREZ

26 I. & N. Dec. 349 · Board of Immigration Appeals · Jul 1, 2014

Moreover, the first clause neither specifies a mental state with which the firearm must be discharged nor clearly expresses a legislative purpose to impose strict liability. … However, the record does not establish that the respondent was convicted of an aggravated felony.

Giesecke & Devrient Gmbh v. United States

United States Court of Federal Claims · Jun 10, 2022

Thus, not every case that qualifies as exceptional under Section 285 also qualifies for sanctions under the court’s inherent authority. … They’re clearly making claim construction arguments . . . that, in our view, would be contrary to the law.”).

CSE 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.

Harness Racing Referendum

20 Pa. D. & C.2d 220 · Pennsylvania Department of Justice · Dec 29, 1959

It is clearly established in most States of this country that, unless there is a clear statutory provision to the contrary, in elections where there are an indefinite number of voters, those who absent themselves from the … This was clearly demonstrated in the last three primary elections.

Stanley v. United States

107 Fed. Cl. 94 · United States Court of Federal Claims · Oct 23, 2012

Stanley’s “Certificate of Release or Discharge from Active Duty,” DD Form 214, establishing his “Separation Date” as December 10, 1991. … Stanley had undergone a physical examination on August 12, 1991, and was found qualified for retention with the highest level of medical fitness in five of the six functional capacities. AR 2, 4-5.

Bausch & Lomb, Inc. v. United States

21 Ct. Int'l Trade 166 · United States Court of International Trade · Feb 5, 1997

Consistent with its well established rulings, the CAFC continues to review factual findings of the CIT under the clearly erroneous standard, the legal findings of the CIT regarding the meaning of the tariff provisions under … Questions of fact or the establishment of historical facts are reviewed under the “deferential, clearly erroneous standard. ” Id. at 1200 .

Duramax Marine, LLC v. R.W. Fernstrum & Company

Trademark Trial and Appeal Board · Aug 4, 2006

Cir. 2000).13 "A belief in likely damage can be shown by establishing a direct commercial interest." Id. … One final point that must be noted is that the involved application does not qualify under paragraph 15 of the settlement agreement.

Wolf v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 2, 2016

DeMio’s letter references his 2013 evaluation of R.W., as well as “follow up labs” he ordered at the time of treatment, which he asserts established immune system 5 and metabolic … When the cytokine is released it signals other cells to generate an immune response.

Dourandish v. United States

United States Court of Federal Claims · Mar 25, 2015

To establish standing, a party seeking to invoke federal court jurisdiction must demonstrate: (!) … The Tucker Act waives sovereign immunity, authorizing a claimant to sue the United States for monetary damages. United States v. Mitchell, 463 U.S. 206, 216 (1983).

Gramza v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 2, 2018

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Gramza experienced immune thrombocytopenic purpura (“ITP”).4 Petition at 1, 6.