Case law

California Canners & Growers Ass'n v. United States

9 Cl. Ct. 774 · United States Court of Claims · Apr 18, 1986

The definition of food additive excluded any ingredient that is generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific … The Committee was composed of eminently qualified individuals, and was the most competent group which could have been assembled to evaluate the safety of nonnutritive sweeteners.

Talley v. Brown

6 Vet. App. 72 · United States Court of Appeals for Veterans Claims · Dec 9, 1993

Furthermore, the Board determined that the greater weight of the evidence established that symptoms of MS first appeared in 1981, well over seven years after appellant’s separation from service. … BACKGROUND Appellant has qualifying military service from April 1966 through March 1968. R. at 19. In December 1981, Dr. Erlbautn, a private physician, diagnosed appellant with MS. R. at 49.

The United States v. Rudolph Miles

416 F.2d 973 · Court of Customs and Patent Appeals · Oct 23, 1969

The importations here involved clearly qualify to come within the ambit of the unequivocal language of the Act. … We are in agreement with the rationale expressed by the Customs Court that: Public Law 89-468, in our opinion, clearly expresses a retroactive intent. * * * [Citations omitted.]

Frank P. Dow Co. v. United States

32 Cust. Ct. 547 · United States Customs Court · Jan 7, 1954

That similar merchandise was, in fact, produced in the country of exportation is established by plaintiff’s own proof. … That the evidence does not clearly establish whether the restrictions, as outlined in finding of fact number 3, pertaining to manufacturers of similar merchandise, also applied to sales for exportation to the United States

Gordon v. Commissioner

85 T.C. 309 · United States Tax Court · Aug 20, 1985

This arrangement is very well adapted to use by an incorporated professional with a qualified pension or profit sharing trust. … Thus, petitioners have clearly not satisfied their burden of proving that Dr.

E-F-H-L

26 I. & N. Dec. 319 · Board of Immigration Appeals · Jul 1, 2018

that he qualifies as a “refugee” under section 101(a)(42) of the Act, 8 U.S.C. § 1101(a)(42) (2012). … These regulations clearly give the Immigration Judge “the authority . . . to properly control the scope of any evidentiary hearing,” 8 C.F.R. § 1240.11(c)(3)(ii), and to discontinue an evidentiary hearing once he or she determines

Johnson v. Commissioner

7 T.C. 465 · United States Tax Court · Jul 31, 1946

Since the building here involved cost the petitioner nothing, we think that the Detroit Edison Co. case is dispositive of the first issue, and, applying the principle therein established and applied in the other cited cases … Under the provisions of section 44 (b), supra, for a sale of realty to qualify as an installment sale, it is required, inter alia, that the “initial payments” received shall not exceed 30 per cent of the “selling price.”

Nehi Beverage Co. v. Commissioner

16 T.C. 1114 · United States Tax Court · May 17, 1951

in the acquisition of other property similar or related in service or use to the property so converted, * * The necessity for such compliance in order to secure the benefits of the non-recognition of gain provisions is clearly … The action of the board of directors in forfeiting the deposit established the occurrence of the condition subsequent and effected the sale.

Vernacchio v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 13, 2016

In a typical immune response, he explained, cells produce antibodies in reaction to the viral or bacterial invader. Tr. at 301, 405. … Petitioners Did Not Establish a Medically Reasonable Timeframe.

K.L. v. Secretary of the Department of Health & Human Services

134 Fed. Cl. 579 · United States Court of Federal Claims · Aug 8, 2017

claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen.” … Engstrand to even testify concerning her medical theory because she did not have ‘specialized expertise in the condition of epilepsy’ even though she is a highly qualified and experienced neurologist.”

HALLER

12 I. & N. Dec. 319 · Board of Immigration Appeals · Jul 1, 1967

Using the mails and interstate telephonic communications to defraud clearly comes within the scope of the holding in Jordan v. … Respondent, at the first session of the hearing (the only one of the three at which he was not represented), was clearly advised of his right to counsel.

CHAIREZ

26 I. & N. Dec. 819 · Board of Immigration Appeals · Jul 1, 2016

In this respect, we note that section 76-10-508.1(1)(a) neither specifies a mental state with which the firearm must be discharged nor clearly expresses a legislative 2 The Immigration Judge also found the respondent … Under these circumstances, section 76-2-102 of the Utah Code provides that “intent, knowledge, or recklessness shall suffice to establish criminal responsibility.”

Columbus Regional Hospital v. United States

United States Court of Federal Claims · Oct 10, 2019

Privity is established when “(1) the prime contractor was acting as a purchasing agent for the government; (2) the agency relationship between the prime contractor and the government was established by clear contractual consent … The Agreement did not create the kind of “direct, unavoidable contractual liability” from FEMA to the Hospital “that establishes privity and thereby waives sovereign immunity.”

Ad Hoc Utilities Group v. United States

650 F. Supp. 2d 1318 · United States Court of International Trade · Sep 15, 2009

standard, the court will address each of AHUG’s arguments in turn.12 12 As the court recognized in its prior order, a plaintiff, as the party seeking to invoke the Court’s jurisdiction, bears the burden to establish … As was noted by the court, this was clearly not the case here, as only a small minority of AHUG members claimed to have such “importer” status.

Short v. United States

28 Fed. Cl. 590 · United States Court of Federal Claims · Jul 6, 1993

The section does not define the point at which an entitlement is “established” for the purposes of the Act; therefore the court interprets it to incorporate the law of Short to pinpoint when an entitlement is established. … United States, 12 Cl.Ct. 36 (1987) (Short IV) (establishing a formula for determining the proper measure of damages and interest to qualified plaintiffs). .

Ross-Smith v. United States

40 Cust. Ct. 354 · United States Customs Court · Jun 12, 1958

If it does not qualify as a chemical or a substance similar to a chemical, it is, therefore, excluded from paragraph 23. … Clearly, the terms “medicinal” and “similar” are adjectives and not nouns. They modify the noun substances.

Johnson v. United States

97 Fed. Cl. 267 · United States Court of Federal Claims · Mar 24, 2011

He voluntarily left the Navy two years before he would have qualified for permanent retirement and disability benefits. In May 2005, Mr. Johnson applied to the BCNR for correction of his military record. Mr. … Johnson had not submitted sufficient evidence to establish the existence of probable material error or injustice, which would require correction and modification of his military record. Id. at 120-21 .

Fantini v. Secretary of Health and Human Services

United States Court of Federal Claims · May 31, 2022

Petitioner did not even discuss the innate immune system, which is arguably the aspect of the immune response associated with an overproduction of cytokines. … Ganjian proposed that Petitioner’s tinnitus was “likely immune mediated and related to vaccination.”

Ferraro v. Derwinski

1 Vet. App. 326 · United States Court of Appeals for Veterans Claims · Jun 24, 1991

As in Hatlestad , the Court, here, points out the need for the BVA to clearly and concisely discuss the interrelationship between the above-mentioned regulations and their applicability to appellant’s claim. … PENSION If VA determines that appellant does not qualify for total unemployability for compensation purposes, VA should evaluate appellant under Chapter 15 to determine whether or not he qualifies for pension based on non-service-connected

Barzillai v. United States

United States Court of Federal Claims · Apr 30, 2018

In addition, “[t]he United States is immune from suit unless it has specifically waived sovereign immunity.” 9/18/17 Gov’t Mot. at 16 (citing United States v. … To establish standing, the March 15, 2017 Complaint also must “clearly . . . allege facts demonstrating” that Plaintiff’s injury is “fairly traceable to the challenged action of the [Government].”