Case law

Baird v. United States

5 Cl. Ct. 324 · United States Court of Claims · May 14, 1984

Several well-established principles are important to this decision. … Similarly, the governmental action in the present case is clearly distinct from that contemplated by the Reclamation Act.

Sprague Electric Co. v. United States

462 F. Supp. 966 · United States Customs Court · Dec 27, 1978

Use of the draft opinions and “pros and cons” statements for that purpose “would clearly violate the established rule * * * forbidding investigation into the processes by which decisions and policies are formulated”. … An agency should be given the opportunity, by means of detailed affidavits or oral testimony, to establish to the satisfaction of the District Court that the documents sought fall clearly beyond the range of material that

Cox v. Principi

15 Vet. App. 280 · United States Court of Appeals for Veterans Claims · Nov 14, 2001

Gen. 102, 106 (1922) (establishing that, where Veterans' Bureau made erroneous payment to person not entitled thereto and where another person is clearly entitled to that payment, it is "duty" of Director of Veterans' Bureau … Rather, both opinions cite Ruckelshaus for the general proposition that the United States is not liable for a payment absent a specific waiver of sovereign immunity.

Hatfield v. Commissioner

38 B.T.A. 245 · United States Board of Tax Appeals · Aug 3, 1938

That after said appointment, to wit on March 8, 1923, petitioner took his oath of office and qualified as such Judge. … As we have said, the general definition of gross income would clearly be broad enough to include the salaries of judges of the courts of the United States, at least as to those not protected by any constitutional immunity

Alimanestianu v. United States

130 Fed. Cl. 137 · United States Court of Federal Claims · Dec 29, 2016

At the time of the explosion in 1989, there was no exception to the Foreign Sovereign Immunities Act (“FSIA”) for state sponsors of terrorism, and Libya was immune from suit in the United States. … The Federal Circuit found that the Adams plaintiffs did not have a property interest in their GAO claim because the underlying subject matter of this claim - - entitlement to statutory compensation - - failed to qualify as

Nutt v. United States

121 Fed. Cl. 579 · United States Court of Federal Claims · Jun 4, 2015

The record clearly indicates that Plaintiffs filed an FTCA— not an MCA—claim. As such, Massie does not control. … The FTCA is a waiver of sovereign immunity. See Fed. Dep. Ins. Corp. v.

Richards Medical Co. v. United States

720 F. Supp. 998 · United States Court of International Trade · Jun 27, 1989

It is, therefore, necessary to establish a healing and curative purpose of a particular medical procedure in order to qualify it as therapeutic. … The established purpose of the prosthetic hip implantations in question is to relieve the discomfort of, or artificially compensate for, the handicapped condition, rather than to cure it.

N-N-B

29 I. & N. Dec. 79 · Board of Immigration Appeals · Apr 17, 2025

On appeal, DHS argues that the Immigration Judge applied the wrong legal standard, and the respondent did not establish that he qualifies for protection under the CAT. … does not establish that each step evidence on these issues waived.

Kottenstette v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 1, 2020

Subsequently, however, on October 6, 2012, C.K. experienced another cluster of seizures that was clearly unrelated to nursing. (Tr. 10-11.) Ms. … So if I get hit in the head with a baseball bat and have a seizure, that doesn’t qualify as epilepsy. (Tr. 141-42.)

Ohio Pike Sav. & Loan Co. v. Commissioner

55 T.C. 388 · United States Tax Court · Dec 2, 1970

method of accounting for bad debts shall establish and maintain a reserve for losses on qualifying real property loaps, a reserve for losses on nonqualifying loans, and a supplemental reserve for losses on loans. … (a) Establishment of reserves. — (1) In general. — A taxpayer described in § 1.593-4 shall establish and maintain a reserve for losses on nonqualifying loans, a reserve for losses on qualifying real property loans, and, if

J-H-S

24 I. & N. Dec. 196 · Board of Immigration Appeals · Jul 1, 2007

#3567 qualify as a refugee if the evidence presented establishes, on a case-by-case basis, that the births violated family planning policies in that alien’s local province, municipality, or other locally-defined area … The Chinese Government as a whole clearly achieves compliance with birth limits using both incentives and pressure.

Caddell Construction Co., Inc. v. United States

111 Fed. Cl. 49 · United States Court of Federal Claims · May 22, 2013

The proposal clearly met RFP requirements. … Krips believed to be “clearly a similar project.” Mr.

Beer v. Commissioner

64 T.C. 879 · United States Tax Court · Aug 18, 1975

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. … Michigan Circuit Courts, however, are clearly not “inferior Courts as the Congress may * * * establish” within the intendment of article III. Cf. O’Donoghue v. United States, 289 U.S. 516 (1933); Charles F.

CHU

14 I. & N. Dec. 241 · Board of Immigration Appeals · Jul 1, 1972

They were not afforded the opportunity to file a Form 1-508 (Waiver of Rights, Privileges, Exemptions, and Immunities). … Clearly, the Service failed to adhere to its own published regula- tions when it purportedly changed the applicant's status.

McLendon v. Nicholson

20 Vet. App. 79 · United States Court of Appeals for Veterans Claims · Aug 7, 2006

that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent … Court, see 38 U.S.C. § 7261 (a)(4) (factual findings can be overturned only if clearly erroneous); Snyder v.

Boyd v. Commissioner

46 T.C. 252 · United States Tax Court · May 17, 1966

Once a base was established, Pan American was responsible for tbe bousing, feeding, maintenance, supply, health, medical, recreation, and assignment of personnel. … Extraterritorial rights, privileges, and immunities of the fundamental kind accorded here keep this physical presence from ripening into actual residence in a foreign country.

V

8 I. & N. Dec. 485 · Board of Immigration Appeals · Jul 1, 1959

212(d)(4)(A) of act. (1) Alien's arrival no member of United Statee Armed Forces without entry documents and without presenting himself for inspection did not constitute lawful admission as bona fide nonimmigrant qualifying … of the United States is not subject to inspection when entering the United States under military orders, but nothing in that section gives or confers upon such alien any other privilege, right, benefit, exemption or immunity

Brickwood Contractors, Inc. v. United States

77 Fed. Cl. 624 · United States Court of Federal Claims · Jul 30, 2007

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has not clearly resolved the question of whether or not a statute of limitations restricts the government’s waiver of sovereign immunity. … Recently, the Federal Circuit sitting en banc held that “[i]t is well established that statutes of limitations for causes of action against the United States, being conditions of waiver of sovereign immunity, are jurisdictional

Baird Corp. v. United States

30 Cont. Cas. Fed. 70,703 · United States Court of Claims · Jan 14, 1983

Plaintiff has failed to establish that SIC No. 3662 was improperly assigned to IFB— E004. B. … It must be concluded here that plaintiff does not qualify as a planned producer for the item in question, Night Driver Viewer AN-VVS-2, 5855-01-096-0871, because it did not clearly identify said item in Form 1519 by its Federal

Godfrey v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 8, 2014

To establish legal causation in an off-Table case, Vaccine Act petitioners must establish by preponderant evidence: (1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause … established that special masters may use the framework established by Daubert v.