Case law

Bateson v. United States

51 Fed. Cl. 557 · United States Court of Federal Claims · Jan 28, 2002

Plaintiffs bear the burden of demonstrating, by cogent and clearly convincing evidence, that the Secretary’s decision to select other officers for promotion over them was the product of a material legal error or injustice … They claim that new evidence shows that the Secretary only approved the question of whether the board would use the “fully qualified” method or the “best qualified” method. (Pls.’ Cross-Mot. at 8.)

Corwine v. United States

24 Ct. Cl. 104 · United States Court of Claims · Jan 21, 1889

It will be seen by the words of this quotation that it is not the mere location or condition of the ship that determines the right of pay, but the condition of the ship with reference to the sea, qualified with the further … We do not recognize the case at bar as coming within the doctrine established by the Supreme Court in affirmance of this court; and nob being disposed to extend those cases to others not clearly within their principles of

Brother International Corp. v. United States

368 F. Supp. 2d 1345 · United States Court of International Trade · Apr 29, 2005

] and not qualify as an ‘error in the construction of a law.’” … This Court applies this established principle to a broker’s classification decision.

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

21 Cl. Ct. 365 · United States Court of Claims · Aug 14, 1990

Temporal association alone establishes legal causation for a Table injury. Temporal association of the onset of injury with the vaccination is not sufficient, however, to establish causation in fact. Hasler v. … White’s “feeling” that he had ruled out causes other than a virus does not clearly associate the damaging infection with the vaccination.

United States v. Bethlehem Steel Co.

53 C.C.P.A. 142 · Court of Customs and Patent Appeals · Aug 4, 1966

Appellees argue, “If that barge was a vessel, then clearly these midbodies * * * must have been vessels at the time of arrival.” … Second, that the midbodies are “staunch seagoing” structures does not establish that they are vessels.

Western Stamping Corp. v. United States

61 Cust. Ct. 152 · United States Customs Court · Sep 11, 1968

In addition thereto, the imported article falls clearly within the common meaning of the term “typewriter.” … This falls short of establishing the purpose for which they are chiefly used, i.e., amusement.

Diponziano v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 26, 2025

Hyzy supported his conclusion with the Haber post-licensure surveillance study and noted that the article and the facts therein “clearly establish a causal relationship between the vaccination with Prevnar-13 and the onset … Callaghan concluded that “petitioner clearly has the constellation of symptoms” for a URI and that “her providers correctly diagnosed with a URI.” Id. at 330.

Estate of Gordon v. Commissioner

70 T.C. 404 · United States Tax Court · Jun 6, 1978

If Dave’s estate carries its burden of showing, in the words of the regulation, that the order of deaths “cannot be established by proof,” it has also established, in the words of Dave’s will, that “it is doubtful” which … App. 440 , 125 N.E.2d 812, 814 (1955) (“clearly speculatory”); In re Meyer’s Estate, 276 App.

Baroque Timber Indus. (Zhongshan) Co., Ltd. v. United States

865 F. Supp. 2d 1300 · United States Court of International Trade · Sep 19, 2012

guidance in this determination, the Supreme Court, in Arbaugh, applied a “readily administrable bright line” for distinguishing between jurisdictional requisites and claim- processing rules: If the legislature clearly … Dep’t of Veterans Affairs, 498 U.S. 89, 95 (1990) (noting that “[o]nce Congress has made such a waiver [of sovereign immunity] . . . making the rule of equitable tolling applicable to suits against the Government, in

McCaffery v. United States

United States Court of Federal Claims · Aug 9, 2021

The regulations establish that the taxpayer bears the risk if the postmark does not qualify: If the postmark does not bear a date on or before the last date, or the last day of the period, prescribed for … The Treasury has since established by regulation the exclusive means of proving delivery. 26 C.F.R. § 301.7502-1(e)(2)(i).

Simplicity Mfg. Co. v. Commissioner

34 T.C. 164 · United States Tax Court · May 13, 1960

With respect to these qualifying changes, petitioner has attempted a reconstruction of its base period income under the push-back rule. … In order to establish any relief, petitioner must establish a constructive average base period net income which will convert the actual average base period loss to amounts which will provide some relief.

Taylor v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 16, 2020

“[T]he rapid onset of pain with limited range of motion following vaccination . . . is consistent with a robust and prolonged immune response.” Id. at 3. … They found “rapid onset of pain with limited range of motion following vaccination . . . is consistent with a robust and prolonged immune response.” Id. at 3.

Simanski v. Hhs

United States Court of Federal Claims · Jan 16, 2014

See Van Doorn, et al., Treatment of Immune Neuropathies, 15 Curr Opin Neurol. 623, 627 (2002). … Petitioners note that “[o]f these 141 patients, only 47, or approximately 33% qualified for further study.”

Bayer Co. v. United States

13 Cust. Ct. 6 · United States Customs Court · Jun 28, 1944

Plaintiff’s witness, a qualified research chemist, stated that a number of the products mentioned in paragraph 27, supra, are medicinal intermediates and that some of the eo nomine designations in paragraph 28, supra, are … The plain and unambiguous language of paragraphs 27 and 28, supra, clearly indicates that the same principle does not apply to their judicial construction.

De Groff v. Commissioner

54 T.C. 59 · United States Tax Court · Jan 26, 1970

The license agreement was obviously not entered into at arm’s length and clearly did not in fact govern and was not intended to govern the business relationships between Medco Electronics and DeGroff. … Indeed it has already been well established that no such exchange for their interest is required in such circumstances. See Ralph C.

Atlantic City Electric Company v. United States

161 F. Supp. 811 · United States Court of Claims · May 7, 1958

The plaintiff was a public utility, and the stock in question qualified in all respects for the benefits of section 26(h). … The accrued dividends so paid were clearly deductible under the provisions of section 26(h), and they are not involved in this case. The redemption payments of $20 per share are the payments in question.

Donald v. McCray v. Robert L. Wilkie

United States Court of Appeals for Veterans Claims · Jun 18, 2019

He contends that "the [report] clearly states that there 'is little evidence available with which to address [the] question'" of whether there can be delayed-onset hearing loss long after acoustic trauma. Id. … Recap of Probative Value and Adequacy Principles The probative value of evidence is its "tendency . . . to establish the proposition that it is offered to prove.

Messing v. Commissioner

48 T.C. 502 · United States Tax Court · Jun 29, 1967

The remaining 5 were held by three directors as qualifying shares. … If the trust instrument is taken at face, the gifts unquestionably do not qualify for the $3,000 annual exclusion.

Bickel v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 23, 2026

The record clearly establishes that in mid-May 2019, Petitioner sought treatment for some form of illness that began at the end of April. Ex. 13 at 24– 25. … And in so ruling before, I have considered expert testimony from qualified and experienced neurologists, and reviewed in detail the literature and studies offered on the topic.

THE

11 I. & N. Dec. 449 · Board of Immigration Appeals · Jul 1, 1965

, status or privilege under the immigra- tion laws in relation to its natural father, and concluded that the illegitimate child of a father married to a United States citizen was not the latter's stepchild and could not qualify … It has been established that close family ties between the petitioner and the beneficiary exist until the present day. The main thrust of the motion filed by the Service- is an attack upon the decision in Nation v.