Case law

Paul G. Wait v. Robert L. Wilkie

United States Court of Appeals for Veterans Claims · Aug 26, 2020

He no longer argued that VA regulations as a matter of law establish a disability. … The Court clearly and accurately explains how a claimant can establish that his or her subjective pain qualifies as a disability under 38 U.S.C. § 1110 because the pain reaches a level that causes functional impairment of

ADVO, Inc. & Subsidiaries v. Commissioner

141 T.C. 298 · United States Tax Court · Oct 24, 2013

By adopting these regula- tions, Treasury clearly intended a different interpretation of these terms. … the qualifying activ- ity was occurring?

Methodist Hospital of Indiana, Inc. v. United States

626 F.2d 823 · United States Court of Claims · Jul 2, 1980

To the contrary, it clearly specifies that costs must meet certain requirements unrelated to any particular accounting method. … This is clearly true in the instant case.

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.”

Duncan v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 17, 2020

He links abnormally folded proteins to endoplasmic reticulum stress, although this link is not articulated clearly. … Joseph appears entirely qualified to discuss chronic pain in a pediatric population, Dr. Joseph does not connect his experience in treating chronic pain to an ability to opine on the etiology of PANDAS.

Batish v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 18, 2015

Adacel is an active booster immunization for the prevention of tetanus, diphtheria, and pertussis. … However, the record clearly indicates that Petitioner was given every opportunity to make her case to the special master.

Franklin E. Penny Co. v. United States

524 F.2d 668 · United States Court of Claims · Oct 22, 1975

Clearly, there is no such obligation. … No citations of authority are offered in support of this point, though clearly the court’s rules demand this. See Rule 163 (b)(3) (ii).

Schrader v. United States

103 Fed. Cl. 92 · United States Court of Federal Claims · Jan 24, 2012

The Tucker Act establishes and limits the jurisdiction of the United States Court of Federal Claims (Court of Federal Claims). 28 U.S.C. § 1491 (2006). … The court will transfer a case when a plaintiff articulates a clearly stated and non-frivolous complaint. See Phang v.

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.

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.

Payment to Employes in Training

11 Pa. D. & C.2d 499 · Pennsylvania Department of Justice · Mar 14, 1957

Each was originally em *500 ployed for a fixed term during a part of which he is obligated to undergo training to better qualify him to perform service for the Commonwealth. … The Commonwealth could even go so far as to establish its own school for the training of such employes, if deemed necessary.

Brown

217 Ct. Cl. 710 · United States Court of Claims · Jun 27, 1978

Brown is entitled to an opportunity to establish his rights (under the applicable statutes and regulations) to the separation *716 travel allowance; therefore, the claim is remanded to the Trial Division. … The defendant clearly is not bound by any results in that suit, if the issues in that suit are not identical to those here or if it was not a party to or "in privity” with a party to the prior action.

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.

Runyon v. Commissioner

8 T.C. 350 · United States Tax Court · Feb 19, 1947

This is not sufficient to qualify either of these debts as one that became worthless within the taxable year. 5 Mertens Law of Federal Income Taxation, p. 416, ¶30.42, citing authorities. … We think the facts clearly establish that during 1941 Walter, Jr., rendered “vital” additional services to the partnership of Mid-South Paving' Co. within the rule of the Tower and Lusthaus cases, supra, and was entitled

Shull v. Commissioner

34 T.C. 533 · United States Tax Court · Jun 23, 1960

Sections 13-62 and 18-72 merely contain grants of power to the directors to do such acts as disposing of all of the property of a corporation, a power the directors would not ordinarily have since such acts are clearly beyond … Section 112(b) (7) (C) provides as follows : (C) Qualified Electing Shareholders. — The term “qualified electing shareholder” means a shareholder (other than an excluded corporation) of any class of stock (whether or not

Rodriguez ex rel. Estate of Rodriguez v. Secretary of Health & Human Services

91 Fed. Cl. 453 · United States Court of Federal Claims · Feb 22, 2010

And, an abuse of discretion occurs when a “decision is based on clearly erroneous findings of fact, is based on erroneous interpretations of the law, or is clearly unreasonable, arbitrary or fanciful.” … Thus, her hourly rate determination was not “based on clearly erroneous findings of fact,” was not “based on erroneous interpretations of the law,” and was not “clearly unreasonable, arbitrary or fanciful.”

Hamilton Brown Shoe Co. v. Sam B. Wolf Sons Co.

39 F.2d 272 · Court of Customs and Patent Appeals · Apr 10, 1930

confusion among the public as to the source or origin of goods bearing either of said marks, unless the applicant confines its use to that prescribed in the referred to contract, or, in other words, unless the applicant company clearly … trade-mark in connection with certain words, and the other is to use another form of it in connection with other words, followed by the use of such trade-marks for several years in .accordance with the terms of the contract, establishes

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

Vensure Hr, Inc. v. United States

United States Court of Federal Claims · Feb 15, 2023

This court and others have held that § 1927 “is not a waiver of sovereign immunity.” Cockerham v. United States, 140 Fed. Cl. 121, 127 (2018) (citing cases). … This court has held, however, that § 1927 “is not a waiver of sovereign immunity” against the United States. Cockerham, 140 Fed.

National Electric Signaling Co. v. United States

60 Ct. Cl. 338 · United States Court of Claims · Feb 16, 1925

Plaintiff’s contention, however, is that the special contract pleaded excepts him from the operation of the statutes, and in any event he is manifestly immune from the same because clearly not within its spirit and intent … Congress determined upon a new jurisdiction and extended to inventors the right to sue the United States in infringement cases, it so circumscribed the remedy as to give effect in even a more restricted sense to the rule established