Case law

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

GUIOT

14 I. & N. Dec. 393 · Board of Immigration Appeals · Jul 1, 1973

Clearly, when the applicant departed to Canada, severing all material ties with this country, his place of residence or general abode was in Canada rather than in the United States. … Therefore, we conclude that the applicant has established satisfactorily his intent to return to resume his lawful permanent resident status.

Patton v. United States

64 Fed. Cl. 768 · United States Court of Federal Claims · Mar 23, 2005

[The plaintiff] bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” Reynolds, 846 F.2d at 748 ; see also Moyer v. … Patton was clearly on notice of a potential breach of the FBI’s alleged promise to pay the storage fees. Mr.

F. W. Woolworth Co. v. United States

2 Cust. Ct. 1 · United States Customs Court · Jan 6, 1939

Inasmuch as this merchandise was classified by the collector as toys or articles chiefly used for the amusement of children, the onus is on the plaintiff to overcome this presumption by a preponderance of evidence establishing … On redirect examination he qualified his estimate of 300 feet being the distance separating him from passing steamships, by testifying that 300 feet was the distance from his home to the shore line, and that the steamers

Standard Communications, Inc. v. United States

106 Fed. Cl. 165 · United States Court of Federal Claims · Aug 2, 2012

Although DVA overlooked the qualifying term “including,” id., its position at the agency level and before this Court did not clearly offend the history of FAR 15.308, its plain language, see Patrick, 668 F.3d at 1330-31 , … Heckler, 756 F.2d 959, 962 (3d Cir.1985) (“When the government’s legal position clearly offends established precedent, however, its position cannot be said to be ‘substantially justified.’”).

K-B-N

Board of Immigration Appeals · Jul 1, 1960

Under the law and regulations in effect on that date the applicant was clearly ineligible for the benefit sought. … Counsel submits that the amendment removes the former requirement that an applicant must establish his admis- sion was as a "bona fide nonimmigrant" and that his client now qualifies for the adjustment sought since he was

Goldman v. Commissioner

46 T.C. 136 · United States Tax Court · Apr 25, 1966

The burden was on petitioner to establish the fair market value of the books. Petitioner used a fair market value of approximately $10 a volume in computing liis charitable deduction. … He is clearly right. Such payments do not qualify as charitable contributions. A raffle is generally held to be within the general definition of a lottery.

United States v. Seminole Indians of Florida

180 Ct. Cl. 375 · United States Court of Claims · Jun 9, 1967

The evidence establishes the existence — at this time — of at least five Seminole towns in northern Florida. … In other words, Seminole land-use clearly encompassed more than the soil actually “possessed.” Therefore, other aspects of the Seminole pattern of life demand consideration.

Belser v. Commissioner

10 T.C. 1031 · United States Tax Court · Jun 7, 1948

But: * * * The Act did not create an immunity from federal taxation, but merely protected one which had existed under abandoned interpretations of the law. Coates v. United States, supra [11 Fed. (2d) 609 (C. C. … And, while she made an affidavit in 1935 that she had dropped it in a mail box at the National Loan & Exchange Bank, the qualified manner of her testimony on the witness stand indicates rather an inference of mailing based

Hawkins v. United States

68 Fed. Cl. 74 · United States Court of Federal Claims · Aug 31, 2005

The information in the case file provided by the claimant is insufficient to establish that members of the Washoe County Sheriffs Posse were vested with the requisite law enforcement authority to qualify them as law enforcement … This regulation clearly indicates that the burden is on the claimant to produce sufficient evidence on each material issue in order to satisfy his or her burden.”

Fraser v. Commissioner

64 T.C. 41 · United States Tax Court · Apr 15, 1975

In our opinion, the record in this case clearly establishes that petitioner at all times had an inchoate right or “option” pursuant to a verbal agreement to become a partner in B & D Properties pursuant to an agreement with … In conclusion, the testimony of all of the parties clearly establishes that petitioner had an option to participate in the development of the Northpoint property.

DeSanno v. Lieb

107 F.2d 615 · Court of Customs and Patent Appeals · Dec 4, 1939

P. deSanno & Son, Inc., and appellant’s counsel insists that this fact qualifies him to bring, this proceeding since, he being the principal stockholder, it is clear that he is or will be injured by appellee’s registration … The statute clearly contemplates that only a party who has the right to the use of a trade-mark may prosecute in the Patent Office an application for the cancellation of the registration of such trademark to another.

Estate of Pullin v. Commissioner

84 T.C. 789 · United States Tax Court · May 1, 1985

Respondent has not argued that they would be personally liable and the regulations clearly and properly do not provide for personal liability. … I would sustain the validity of the regulation, and not upset established procedures which have been followed and accepted in the past.

Sugiyama Chain Co. v. United States

19 Ct. Int'l Trade 328 · United States Court of International Trade · Mar 3, 1995

Clearly, Commerce should not be compelled to rely on whatever partial, perhaps selective, information an uncooperative respondent chooses to provide the agency as BIA, see Olympic Adhesives, Inc. v. … Hence, "unmatched” sales are U.S. sales without qualifying contemporaneous comparative home market sales. See discussion infra concerning Commerce’s 90/60 day contemporaneity guideline for comparative sales.

Ford Motor Co. v. United States

94 Fed. Cl. 211 · United States Court of Federal Claims · Aug 13, 2010

Since Ford’[s] employees were required to have reported for work on or before that date in order to receive the bonus, the bonuses paid by Ford clearly did not meet the narrow conditions required under Rev. … As such, contrary to Ford’s argument, documents dated after June 16, 2004, and before November 3, 2004, qualify as predecisional.

Morgan v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 11, 2018

Id. 13 T and B cells are the body’s immunologically competent cells—T cells are responsible for cellular immunity, while B cells control humoral (blood) immunity. … Longman’s research and publications have been focused on “defining roles for particular types of immune cells and how they integrate the signals from bacteria to regulate mucosal immunity and systemic immunity.” Id.

Leyman Manufacturing Corp. v. United States

8 Cl. Ct. 535 · United States Court of Claims · Jul 19, 1985

Leyman, the insurance provided, nonetheless, does not qualify as Section 79 insurance. … “Only by analyzing the legal result can we determine what facts must be established and whether those facts are in genuine dispute.” Id.

Defense Technology, Inc. v. United States

99 Fed. Cl. 103 · United States Court of Federal Claims · Jun 14, 2011

As to the second prong, to establish standing to protest a sole-source award, “a bidder ‘must show that it would have been a qualified bidder.’ ” KSD, Inc. v. … As a result, plaintiff is a qualified bidder and has standing to protest AMCOM’s proposed sole-source award. C.

Candelaria v. United States

5 Cl. Ct. 266 · United States Court of Claims · Apr 26, 1984

Contained in the Board’s report was the notation “Refer to Physical Evaluation Board (Not qualified for Physical Evaluation Board per AFR 35-4).” … Rather, sections 1201 through 1206 of Title 10 establish specific categories of persons eligible for disability retirement from military service.

HWA, Inc. v. United States

78 Fed. Cl. 685 · United States Court of Federal Claims · Sep 26, 2007

Thus, FPS’s award to WSI demonstrates that FPS acted in accordance with the evaluation criteria established in the third amendment to the RFQ. 3. … Finally, the evidence does not establish that FPS acted irrationally or unreasonably in evaluating HWA’s past performance.