Case law

Doe v. United States

United States Court of Federal Claims · Apr 30, 2021

The plaintiff also must establish “more than a sheer possibility that a defendant has acted unlawfully.” Ashcroft, 556 U.S. at 678. … Accordingly, the Government clearly indicated that there was no guarantee that a final determination would be made by .

Greene v. United States

65 Fed. Cl. 375 · United States Court of Federal Claims · Apr 29, 2005

Greene’s claims is clearly beyond the jurisdiction of this Court — his request for punitive damages in the amount of ten million dollars. It is well-established that this Court lacks authority to grant punitive damages. … This claim clearly survives the Government’s Motion to Dismiss. Favorably construing Mr.

St. Louis County Water Co. v. United States

452 F.2d 1022 · United States Court of Claims · Dec 10, 1971

By so doing the depreciation deductions for 1960 and 1961 were reduced to an amount which the Internal Revenue Service claims to be a reasonable allowance for the exhaustion, wear and tear of the qualifying asset. … It has been found, and we shall accept the finding because we are not convinced to the contrary, that plaintiff’s method qualifies as “any other consistent method.”

MATELOT

18 I. & N. Dec. 334 · Board of Immigration Appeals · Jul 1, 1982

Thus, the record clearly establishes that the applicant is excludable under section 212(a)(20) of the Act as an immigrant without a valid immigrant visa or other valid entry document. … Further, on this record we are unable to conclude that the questioning and possible arrest of the applicant by the Ton Ton Macoutes qualifies the applicant for asylum and section 243(h) relief, particularly when the contents

Pds Consultants, Inc. v. United States

132 Fed. Cl. 117 · United States Court of Federal Claims · May 30, 2017

It establishes a first priority for small businesses owned and controlled by veterans with service-connected disabilities. … IFB’s financial investments and the human capital investments IFB’s blind workers in reliance on the continuation of these contracts is clearly demonstrated . . . IFB’s MJAR 35-36.

Photonetics, Inc. v. United States

659 F. Supp. 2d 1317 · United States Court of International Trade · Oct 15, 2009

The simple understanding of “laser” does not curtail the vast spectrum of qualifying devices. … Plaintiff further establishes that only a discrete subset of lasers function as instruments that measure or check light. See Lucas-Leelin Affidavit ¶ 11.

Servidone Construction Corp. v. United States

36 Cont. Cas. Fed. 75,893 · United States Court of Claims · Jun 28, 1990

In addition, in filing its complaint, Servidone fractured out of the original embankment claim several issues, which although separately articulated in the complaint, were never clearly segregated at trial. … The Government argues that applying the same potential liability to it under section 2412(a) would abrogate the principle of sovereign immunity. The court disagrees.

Fakhri v. United States

2007 CIT 126 · United States Court of International Trade · Aug 20, 2007

The Federal Circuit has clearly stated its position on this issue. … Therefore, unclean hands is clearly available to bar any such equitable relief it seeks.

United States v. UPS Customhouse Brokerage, Inc.

442 F. Supp. 2d 1290 · United States Court of International Trade · Jun 28, 2006

Likewise, subsection B is inapposite because no “constitutional right, power, privilege, or immunity” is invoked in this matter. 5 U.S.C. § 706(B). United States v. … Rather, the nonmovant must present “specific facts” that establish a genuine issue of triable fact. Id.

Donahue v. United States

33 Fed. Cl. 600 · United States Court of Federal Claims · Jun 29, 1995

Therefore, this correspondence does not qualify as an adequate informal claim. A. … At a minimum, however, the circumstances must clearly put the IRS on notice that the taxpayer is claiming a refund contingent upon future events. Id. Herein, the July 18, 1988, letter provided no such notice. .

Applicability of Section 504 of the Rehabilitation Act to Tribally Controlled Schools

Department of Justice Office of Legal Counsel · Nov 16, 2004

See also id. at 210–11 (rejecting argument that the term “qualified individual with a disability” was ambiguous as applied to prisoners). … Mille Lacs Band of Chippewa Indians, 526 U.S. 172, 202–03 (1999) (“Congress may abrogate Indian treaty rights, but it must clearly express its intent to do so.”).

Ingham Regional Medical Center v. United States

United States Court of Federal Claims · Jan 14, 2020

TRICARE has now shown through its own analysis that the expenses qualified as facility charges and were both incurred and billed by the Hospitals. … immunity provided by this subdivision.” 48 F.R.D. 487, 501

Stotts v. Secretary of the Department of Health & Human Services

23 Cl. Ct. 352 · United States Court of Claims · Jun 4, 1991

The special master’s interpretation of the authority granted to her by § 300aa-15(f)(4)(A) was not “clearly mistaken,” nor was it contrary to any clearly discernable legislative intent, supra. … As we have clearly established, the only factor limiting the special master’s discretion in controlling the use of award proceeds under § 300aa-15(f)(4)(A) is the best interests of the petitioner, and there is no statutory

Furey v. United States

70 Ct. Cl. 299 · United States Court of Claims · Jun 2, 1930

In the use of this latter term Congress was addressing legislation to a service long since established, organized under prior laws, permanent in character, and to be continued. … Congress used the term “ permanent service ” and by so doing clearly recognized the right to pay and allowances so fixed for service in the guard of indefinite tenure, to which the officer was appointed.

Somosot v. Secretary of Health and Human Services

120 Fed. Cl. 716 · United States Court of Federal Claims · Apr 7, 2015

As summarized in the conclusion section of the special master’s opinion, “there was no reasonable basis to bring this petition, based on the clearly established law that the statute of limitations begins to run on the date … The concluding sentence of Cloer III is unambiguous: We hold that [a Vaccine Act] petition found to be untimely may qualify for an award of attorney’s fees if it is filed in good faith

Brogden v. Henry

69 F.2d 978 · Court of Customs and Patent Appeals · Apr 16, 1934

establishes the fact that apples were treated in the early part of the year 1926 with, a dilute solution of ammonia followed by washing- and drying. … When testifying on behalf of appellants, he qualifies his stipulated statement to the extent that the apples were discolored by the treatment and were marketed at a much reduced price.

John Wanamaker Philadelphia, Inc. v. The United States. John Wanamaker Philadelphia, Inc. (Successor by Merger to John Wanamaker New York, Inc.) v. The United States

359 F.2d 437 · United States Court of Claims · Apr 15, 1966

Plaintiff's LIFO Election 5 Plaintiff must establish that it had an absolute right to elect LIFO to circumvent defendant's argument that the Commissioner can exact a quid pro quo for a change to LIFO. … And in oral argument, defendant stressed that plaintiff is really asking for mitigation for which it does not qualify. See Int.Rev.Code of 1939, § 3801; Int.Rev.Code of 1954, §§ 1311-1315; H. T. Hackney Co. v.

Pacific Far East Line, Inc. v. United States

544 F.2d 478 · United States Court of Claims · Oct 20, 1976

The emphasized portion clearly brings out the purpose of the regulation. … It established a special depreciation arrangement whereby deposits of taxpayer’s earnings in its statutory reserve funds resulted in a change in the method by which plaintiff takes depreciation deductions on its vessels.

Pollack v. Commissioner

47 T.C. 92 · United States Tax Court · Oct 28, 1966

On this record the answer appears clear to us that it did and that it therefore failed to qualify as a small business corporation. … On at least two occasions the principals executed instruments in which their stockholdings were clearly and prominently identified by class.

Cedar Lumber, Inc. v. United States

34 Cont. Cas. Fed. 75,399 · United States Court of Claims · Nov 3, 1987

The parties here signed an agreement on October 21, 1985. 3 Pursuant to the settlement, the Forest Service agreed to accept and approve qualifying contracts. … Rates during the extension period could be higher, but not lower than rates established in the initial contract.” 48 Fed. Reg. 38,862 , 38,863-64 (1983).