Case law

Montero v. United States

United States Court of Federal Claims · Aug 26, 2022

Court of Appeals for the Federal Circuit has clearly stated, this Court does not have jurisdiction over a Fifth Amendment taking claim based on the federal government’s in rem forfeiture of property when the plaintiff could … Additionally, under the “evidence test,” the same facts and evidence must be used in both cases to establish Plaintiff’s ownership interest in the property.

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

Doyle v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 12, 2021

However, immunization illnesses like neuropathy can occur.” Id. at 2. III. … Brown further opined that Petitioner “had an inflammatory reaction after the immunization. Id. at 5.

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.]

Estate of Pfeifer v. Commissioner

69 T.C. 294 · United States Tax Court · Nov 28, 1977

Any principal and any accrued or undistributed net income not effectively appointed by my wife shall be added to the residuary trust established by SECTION THREE hereof, to be administered as a part thereof. … Respondent’s argument is that the quoted phrase is superfluous if the section had contemplated that a general power of appointment would qualify.

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

Stacy v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 3, 2024

Steinman emphasized his view that Gautam clearly established that a homologic sequence of just four or five amino acids would be enough for a mimicking cross-reaction to occur. Tr. at 100. … Nor is it enough to offer an opinion from a generally- qualified expert, like Dr. Steinman, 13 and then assume causation has been established. I am not compelled to accept his opinion merely upon its utterance.

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.

Murray v. United States

15 Cl. Ct. 17 · United States Court of Claims · Jun 2, 1988

Defendant establishes standing in this case by statute, see Bull v. United States, 295 U.S. 247, 259-60 , 55 S.Ct. 695, 699 , 79 L.Ed. 1421 (1935), and need not establish that it suffered an injury in fact. 2. … Since the IRS had the statutory right to determine the persons who qualify to redeem, the issue becomes whether plaintiffs held a valid lien. State law controls legal interests in real property. See United States v.

Nabisco, Inc. v. United States

599 F.2d 415 · United States Court of Claims · May 16, 1979

Under this interpretation, flour is clearly a "food product processed from wheat,” since it is simply the result of grinding wheat. … Such a removal terminates the processing chain and establishes certificate liability.

Rio Hondo Memorial Hospital v. United States

689 F.2d 1025 · United States Court of Claims · Sep 22, 1982

Associates qualifies as an "organization related to the provider by common ownership” by virtue of owning 100 percent of Hospital’s stock and facilities. … The transaction in question occurred prior to July 1, 1966, and falls clearly within the express exception.

D-J-L

29 I. & N. Dec. 485 · Board of Immigration Appeals · Mar 5, 2026

Karshan to be a qualified expert witness, determined that her declaration was reliable and probative, and relied heavily upon her testimony and declaration in determining that the applicant established a clear probability … Thus, we conclude the Immigration Judge clearly erred in finding Ms. Karshan’s opinion persuasive and assigning her testimony significant weight.

Norwest Corp. v. Commissioner

108 T.C. 358 · United States Tax Court · Apr 30, 1997

Clearly, a computer program is not inextricably bound to any single tangible medium. II. Case Law Beginning in 1988, this Court held in Ronnen v. … I find no compelling reason in the instant setting to depart from the view that computer software does not qualify for the investment tax credit, especially when because of firmly established jurisprudence taxpayers (other

Estate of Ellman v. Commissioner

59 T.C. 367 · United States Tax Court · Dec 5, 1972

In our judgment the Glen case is clearly distinguishable — factually and legally — from the instant case. … The Court of Appeals, in affirming the conclusion on this issue, said at pages 578-579: We cannot say that this finding is clearly erroneous.

American Innotek, Inc. v. United States

113 Fed. Cl. 668 · United States Court of Federal Claims · May 24, 2013

JWOD established the Committee for Purchase from People Who Are Blind or Severely Disabled (“the Committee”), an independent federal agency, to facilitate the Government’s “purchase of commodities and services from qualified … The Committee maintains a procurement list of supplies and services that must be purchased from “any qualified nonprofit agency for the blind or by any qualified nonprofit agency for other severely handicapped.” 41 U.S.C.

KDH Corp. v. United States

37 Cont. Cas. Fed. 76,087 · United States Court of Claims · Apr 30, 1991

Conceding that a joint venture is most like a partnership, defendant argues that a joint venture is not immune from federal contract law. … clearly did not have the authority to do so on behalf of the joint venture.

Proposed Legislation to Grant Additional Power to the President's Commission on Organized Crime

Department of Justice Office of Legal Counsel · Aug 24, 1983

For example, in 1963 this Office approved a bill establishing the Commission on Political Activity of Government Personnel, 5 U.S.C. App. § 118i note (Supp. … to witnesses has been described as an executive function by some courts,19 it is not clearly executive in the sense described in Buckley v.

VALENZUELA

25 I. & N. Dec. 867 · Board of Immigration Appeals · Jul 1, 2012

a second attempt to adjust her status based on the visa petition filed by the K visa petitioner, but her application was denied on May 25, 2007, because the first Form I-130 had been denied and the respondent no longer qualified … K visa beneficiary has been established.

New Valley Corp. v. United States

67 Fed. Cl. 277 · United States Court of Federal Claims · Aug 19, 2005

The sale of the satellite, in other words, does not qualify as an undertaking in the mitigation of damages. Id. at 12. … Accordingly, it is that same hypothetical transaction to which we now must look to establish the measure of plaintiff’s damages.

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). .