Case law

Concept Automation, Inc. v. United States

42 Cont. Cas. Fed. 77,348 · United States Court of Federal Claims · Jul 23, 1998

Defendant argues that the United States has not waived its sovereign immunity with respect to “such damages,” and then states that “plaintiffs have identified no waiver of sovereign immunity with respect to its litigation … In this case, the bidder would be entitled to any costs that could qualify under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (d)(1)(A) (1994) 3 ; any bid proposal (or preparation) *365 costs would be recovered

Small v. United States

37 Fed. Cl. 149 · United States Court of Federal Claims · Jan 15, 1997

In fact, the regulation allows indorsement chains to be established “by supplement to this regulation or by common usage in the unit.” AFR 36-10 1Í 2-23b. … for promotion and among the best qualified for promotion.

Griffiths v. Commissioner

15 B.T.A. 252 · United States Board of Tax Appeals · Feb 7, 1929

Ruettinger’s testimony in a way corroborated Griffiths, but his testimony is in conflict with the facts established by documentary evidence submitted by the petitioner. … Under the evidence he clearly could have received the entire amount in cash in 1919 if he had desired. All that he had to do was to take it.

Rolshoven v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2018

Id. 17 Cytokine is a term for nonantibody proteins that act as intercellular mediators during an immune response. … He cares for adults and children with immune-mediated neurological diseases. Ex. A at 1; Tr. at 156-57.

Pacific National Cellular v. United States

41 Fed. Cl. 20 · United States Court of Federal Claims · Apr 28, 1998

Moreover, a waiver of the traditional sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v. … The making of such inherently contradictory claims, however, does not establish that if one is rejected the other is necessarily justified. Rains v.

General State Authority Building Designs

81 Pa. D. & C. 326 · Pennsylvania Department of Justice · Apr 18, 1952

Nevertheless, the Supreme Court, on the basis of the rule of sovereign immunity, held that the prohibition did not apply to the Pennsylvania Liquor Control Board. *328 Nor does the fact that the General State Authority is … Indeed, the applicability of the presumption to the General State Authority itself was definitely established in Marianelli v.

King v. United States

81 Fed. Cl. 766 · United States Court of Federal Claims · May 15, 2008

The Tucker Act “constitutes a waiver of sovereign immunity with regard to claims over which the Court of Federal Claims had jurisdiction,” but “the Tucker Act alone ‘does not create any substantive right enforceable against … In In re United States, the Federal Circuit held that a statute “clearly is a money-mandating statute, ...

Advance Solvents & Chemical Corp. v. United States

16 Cust. Ct. 98 · United States Customs Court · Mar 27, 1946

They were all well-qualified chemists with wide experience, both commercially and in the laboratory. … Likewise, a gum or synthetic gum has not been clearly defined.

Mutual Supply Co. v. United States

13 Cust. Ct. 181 · United States Customs Court · Nov 9, 1944

Clearly, the issue ■ before us materially differs from that presented in the incorporated case. The Quong case, supra, was based on the record taken in Walter T. Ueland, Quong Yuen Shing & Co. v. … Schmidt. *186 The preponderance of evidence in the record before us establishes that the ajinomoto in question is composed substantially entirely of monosodium glutamate (a chemical compound), and that negligible quantities

International Business Machines Corp. v. United States

38 Fed. Cl. 661 · United States Court of Federal Claims · Aug 8, 1997

Gleeson]: Clearly more certain. Q [By Mr. … Plaintiff has not established that, given the operation of IRPEG, ILOR as applied to resident and nonresident corporations with permanent establishments qualifies as an income tax otherwise generally imposed.

Kast v. Commissioner

78 T.C. 1154 · United States Tax Court · Jun 29, 1982

the definition of income an item that otherwise would clearly constitute income, it is to be narrowly construed. … QUALIFIED STOCK OPTIONS.

Crosby Valve & Gage Co. v. Commissioner

46 T.C. 641 · United States Tax Court · Aug 22, 1966

The foundation was established in .the late 1940’s. Abraham Stone, a brother of Harry K. Stone and Dewey Stone, was secretary and a trustee of the foundation. … We must conclude that such criteria are clearly applicable to a charitable deduction under § 170.

Northeast Savings v. United States

63 Fed. Cl. 507 · United States Court of Federal Claims · Jan 25, 2005

Such consideration was clearly exchanged here. Both Freedom Federal and First Federal were experiencing severe financial difficulty. … Consideration was, therefore, clearly bargained for and exchanged.

Mass v. Commissioner

81 T.C. 112 · United States Tax Court · Aug 17, 1983

In finding that the payments made by the husband after the wife’s remarriage were not qualified under section 71(a), we stated: In any event, it is established under Illinois law that where an agreement is incorporated into … These factual circumstances in Hoffman are clearly distinguishable from those in the case now before us.

Cordova v. United States

United States Court of Federal Claims · Oct 9, 2015

Although plaintiff asserts, with respect to General Sevier's property, "that the title and right to his purchased lands were clearly proven," plaintiffs complaint does not allege that General Sevier or his sons ever made … John Sevier" and the "duly appointed and qualified administratrix de bonis non of the estates of Gen. John Sevier and of John Sevier, jr." lit at 2. Ms. Humphreys alleged the same four claims as Mr.

R.K. v. the Secretary of Health and Human Services

United States Court of Federal Claims · May 23, 2016

Respondent’s position in this case is not “clearly inconsistent” with her position in Poling. … Shafrir’s general umbrage at the idea that any “official” immunization record could even be thought to exist. Doctor Shafrir was obviously disdainful of Dr.

Moore-McCormack Lines, Inc. v. States

413 F.2d 568 · United States Court of Claims · Jul 16, 1969

But there was no indication, explicit or implicit, of the immunity of subsidy decisions to judical review. That subject was not broached. … Those qualifying terms are wholly antithetic to any absolute discretion in the administrators to set their own process. C.

Federal Air Marshals(Fam) Fam 1 v. United States

84 Fed. Cl. 585 · United States Court of Federal Claims · Nov 5, 2008

(b) Defendant has adopted a qualifying work period Because we have determined that plaintiffs are in law enforcement, we must consider whether the TSA has adopted a qualifying work period of “at least 7 but less than 28 days … Here, defendant argues that the TSA established a seven-day administrative workweek for FAMs, and has therefore established a § 207(k) work period.

Pitman v. Commissioner

24 B.T.A. 244 · United States Board of Tax Appeals · Sep 30, 1931

But this fact is only significant as evidencing the contrast between his qualified power of disposition of that property mid his untrammeled ownership of the income in controversy. … The latter was clearly heyond the control of the United States. The duty to pay it into petitioner’s hands, and his power to use it after it was so paid, were absolute. Work v. Mosier, 261 U. S. 352 ; Work v.

Murakami v. United States

46 Fed. Cl. 731 · United States Court of Federal Claims · May 31, 2000

This court has previously held that this provision applies to the instant case, both granting jurisdiction and waiving sovereign immunity as to plaintiffs complaint. See Murakami v. … Various documents contained in the supplemental materials clearly pertain to this new legal theory.