Case law

Southland Industries, Inc. v. Commissioner

17 T.C. 1551 · United States Tax Court · Mar 21, 1952

We shall first consider whether petitioner has established (1) above. … We think that the record clearly indicates that petitioner made a substantial change.

De Graffenried v. United States

20 Cl. Ct. 458 · United States Court of Claims · May 18, 1990

Defendant has not established either that the claims are invalid or that this action is barred by the doctrine of laches, and plaintiff has established that the claims cover the accused Arsenal device. I. … Therefore, even if this court were incorrect and plaintiff had not established literal infringement of Claim 1, plaintiff has established infringement under the doctrine of equivalents. E.

Morgan Brown

Trademark Trial and Appeal Board · Jul 14, 2016

We have consistently held that, to qualify for a federal service mark registration, the use of a mark in commerce must be “lawful.” E.g., The John W. Carson Found. v. … -4- Serial No. 86362968 Every Joe website (everyjoe.com),6 Amazon.com,7 Patch.com,8 and O’Shaughnessy’s online (beyondthc.com),9 clearly indicates that a green

Brown v. United States

42 Fed. Cl. 538 · United States Court of Federal Claims · Dec 8, 1998

These allegations sufficiently establish a lease violation. … The government asserts that, because of the Tribe’s sovereign immunity, it cannot feasibly be joined. The court need not reach a determination of whether the Tribe can properly invoke sovereign immunity.

Vaira v. Commissioner

52 T.C. 986 · United States Tax Court · Sep 24, 1969

Adjustments to Basis for Improvements In 1954, Peter made expenditures to establish, the private-brand service station. … It is well established that the value of Peter’s services may not be considered an expenditure. Cf. Marks v.

Constitutionality of Regulatory Reform Legislation for Independent Agencies

Department of Justice Office of Legal Counsel · Sep 1, 1976

United States, 295 U.S. 602, 629–31 (1935), the Supreme Court held that Congress could establish a regulatory agency, in that case the FTC, and insure its independence from Executive Branch control by establishing a fixed … For the foregoing reasons, we recommend that the Department oppose the adoption of the sovereign immunity sections of S. 3308.

O-J-O

21 I. & N. Dec. 381 · Board of Immigration Appeals · Jul 1, 1996

I am not deciding that all or most Nicaraguans would qualify for suspension of deportation. … “Extreme hardship” not established. III.

Application of Charles D. Prater and James Wei

415 F.2d 1378 · Court of Customs and Patent Appeals · Nov 20, 1968

Stopping of the motor simultaneously stops operation of the rotary switches driven by the motor and the valves of the circuits which are established at that point are displayed on meters. … The next significant development in the law relating to claims of this type is represented by the 1952 Act which in sections 100 and 101 clearly established the statutory category of “process.”

McDowell v. United States

24 Cl. Ct. 205 · United States Court of Claims · Sep 26, 1991

McDowell was clearly limited in his activities to a much greater extent than the government’s 20% and 40% ratings would reflect. … In addition, the Federal Circuit, in the first sentence of its opinion, quickly disposed of the government's argument, stating simply: “[t]his court’s precedents establish that the Claims Court possesses jurisdiction to review

Laningham v. United States

30 Fed. Cl. 296 · United States Court of Federal Claims · Jan 5, 1994

Subsequently, plaintiff was assigned to Physical Risk Category 5 (not physically qualified/suitable for retention in Naval service by reason of injuries from accident). … The AS failed to establish that the BCNR findings were not supported by the record.

DeMauro Constr. Corp. v. United States

568 F.2d 1322 · United States Court of Claims · Jan 25, 1978

New's 903 (1957), established a dual system of government in the Ryukyus for the duration of American occupation. … This ordinance was entitled "Establishment of the Ryukyu Domestic Water Corporation.”

Competitive Innovations, LLC v. United States

United States Court of Federal Claims · Aug 28, 2025

The RFQ was an “ordering activity” because it sought to establish BPAs against MAS contracts under FAR Subpart 8.4. Tab 20.1 at AR 828–29, 867. … The parties are ORDERED to file a Joint Status Report by August 13, 2025 including any proposed redactions and must explain why the proposed redacted information qualifies as protected information under the Protective Order

Adria Gharati v. Department of the Army

2022 MSPB 16 · Merit Systems Protection Board · Jun 22, 2022

General Services Administration, 117 M.S.P.R. 616 (2012), to place the burden on the appellant to “clearly establish” that , but for the agency’s improper actions, she would have applied for the vacancies and … Accordingly, we need not determine whether the appellant “clearly established” that she would have applied and been selected for one of the permanent positions.

Ideogenics LLC v. United States

United States Court of Federal Claims · Jun 26, 2018

The party invoking federal jurisdiction bears the burden of establishing standing. See Spokeo, Inc. v. Robins, 136 S. … The United States Supreme Court has described the “clearly erroneous” standard as significantly deferential.

Freeman v. United States

98 Fed. Cl. 360 · United States Court of Federal Claims · Apr 21, 2011

Because this statute of limitations circumscribes the scope of the government’s waiver of sovereign immunity, it is “jurisdictional” in nature and must be construed strictly. See John R. Sand & Gravel Co. v. … Thus, those periods of service do not qualify as "military service” under 50 U.S.C. app. § 511(2).

Layno v. Brown

6 Vet. App. 465 · United States Court of Appeals for Veterans Claims · May 27, 1994

The appellant claims the BVA erred in determining that he did not present sufficient credible evidence to establish service connection. … The record clearly indicates that the appellant’s service records were destroyed, but it does not appear that the appellant was advised to provide alternate forms of evidence.

Schaller v. United States

288 F.2d 700 · United States Court of Claims · Apr 7, 1961

The Renegotiation Act, supra, clearly shows that plaintiff was employed subject to the Classification Act of 1949, 63 Stat. 954 , 972. … Thus the situation is this: Plaintiff must have been qualified for conversion to civil service status. Otherwise, Mr.

Baron Tube Co. v. United States

42 Cust. Ct. 10 · United States Customs Court · Dec 24, 1958

Anything more is clearly an advancement, and the higher rate attaches. … Two well-qualified witnesses, one, a manufacturer and distributor of steel tubing, with 42 years of experience in that line, the other, a consulting engineer, licensed in the States of New York and Ohio, who has spent the

Tammie Morley v. Department of Veterans Affairs

2024 MSPB 17 · Merit Systems Protection Board · Nov 20, 2024

ANALYSIS ¶5 To establish entitlement to an award of attorney fees under 5 U.S.C. … An award of attorney fees may be warranted in the interest of justice when: (1) the agency engaged in a prohibited personnel practice; (2) the agency action was clearly without merit or wholly unfounded,

Moore v. United States

61 Fed. Cl. 146 · United States Court of Federal Claims · Jun 29, 2004

In light of this history, the Supreme Court concluded that for collateral review for back pay to survive the finality requirement the claims must clearly rise to a constitutional level. Id. … He claims trial defense counsel failed to raise the issue of the suggestibility of his children through either 1) qualifying himself as an expert, or 2) obtaining this type of testimony from another expert. 5 Counsel’s use