Case law

National Carloading Corp. v. United States

43 Cust. Ct. 531 · United States Customs Court · Nov 10, 1959

And a statement by an affiant to that effect is one which, not being dependent upon interpretation of facts or evaluation of sales, is itself a fact, not a conclusion, to which a qualified witness is competent to attest, … It clearly appears that the existence or issuance of such a license had nothing to do with the offer and sale of merchandise such as that at bar for exportation to the United States. See F. W. Kuehne Co. v.

Application of Herbert C. Murray and Durey H. Peterson

268 F.2d 226 · Court of Customs and Patent Appeals · Jun 30, 1959

It was a concrete disclosure, clearly comprehensible to one skilled in the art. … (Emphasis ours.) *231 This argument seems to assume what the Patent Office was under some duty to establish as a fact.

Kareem R. Rock v. United States

112 Fed. Cl. 113 · United States Court of Federal Claims · Jul 31, 2013

Rock was “not qualified for service”). On May 26, 2009 an informal PEB found Mr. Rock unfit for service as a result of partial complex seizures. AR 250 (2009 preliminary findings). The informal PEB rated Mr. … Cir. 2003) (en banc) (“It is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional in nature.”); see also Soriano

Yankee Atomic Electric Co. v. United States

40 Cont. Cas. Fed. 76,808 · United States Court of Federal Claims · Jun 22, 1995

Thus, “one who wishes to obtain a contractual right against the sovereign that is immune from the effect of future changes in law must make sure that the contract confers such a right in unmistakable terms.” … Clearly, then, the assessment is an add-on to the price previously paid to the Government.

Radioptics, Inc. v. United States

621 F.2d 1113 · United States Court of Claims · Apr 30, 1980

It was on the basis of their prior knowledge of the technology that they were qualified to evaluate P-103 and upon which they concluded that the subject matter of P-103 had sufficient merit to warrant further investigation … In particular, every document received in evidence which related to the contents of P-103, including P-103 itself, was clearly stamped "CONFIDENTIAL” by the AEC.

Boston Athletic Association v. Velocity, LLC

Trademark Trial and Appeal Board · Oct 26, 2015

A nickname or an informal reference, even one created by the public, can qualify as an entity’s “identity,” thereby giving rise to a protectable interest. … Only a single article made of record clearly associated the BAA with the BOSTON MARATHON,18 in addition to a Wikipedia entry printed on July 23, 2012 that describes Opposer as the “non-profit, organized sports association

Textainer Equipment Management Limited v. United States

115 Fed. Cl. 708 · United States Court of Federal Claims · Apr 22, 2014

However, the suppliers’ liens could not be enforced against the United States due to sovereign 16 immunity. Id. at 42. … As a result, the Court found, the application of sovereign immunity destroyed the liens at issue and caused a compensable taking of the suppliers’ liens. Id. at 48-49.

In re Coordinated Pre-trial Proceedings in Petroleum Products Antitrust Litigation M.D.L. No. 150

761 F.2d 710 · Temporary Emergency Court of Appeals · Apr 18, 1985

These appeals appear to qualify as arising under those provisions. (Citations omitted). Therefore, the petitions are denied, for lack of subject matter jurisdiction. … Atlantic Richfield Company, 690 F.2d 203 (TECA 1982) and find that this case is clearly distinguishable.

McCord v. United States

131 Fed. Cl. 333 · United States Court of Federal Claims · Apr 19, 2017

The Tucker Act serves as a waiver of sovereign immunity and a jurisdictional grant, but it does not create a substantive cause of action. Jan’s Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299, 1306 (Fed. … Rather, the record clearly indicates that Mr. McCord had radiculopathy symptoms at least as far back as July 17, 2010, almost two years prior to his discharge. See id. Tab 23 at 424.

Heidrich v. Commissioner

55 T.C. 746 · United States Tax Court · Feb 10, 1971

Petitioners established separate trusts for each of these children who were in being during the years in issue. … the phrases “as may be necessary” and “not so needed” impose “a substantial obstacle to the exercise of the trustee’s discretionary power” because “where a trustee’s power is exercisable only in the event of need (as so clearly

Kristopher Kelly v. Tennessee Valley Authority

Merit Systems Protection Board · Jan 5, 2024

The administrative judge found that the agency offered no evidence to establish that the Custodian (Trainee) position to which it reassigned the appellant was the vacant position for which the appellant was qualified and … Among other things, the agency must (1) clearly set forth the gross amount due to the appellant and show how that amount was determined; (2) clearly set forth the amount and reason for all deductions, reductions, and offsets

MacAllister v. United States

United States Court of Federal Claims · Feb 28, 2025

The Tucker Act waives the sovereign immunity of the federal government to provide jurisdiction in the Court of Federal Claims for a claim founded on an express or implied contract with the United States, for a refund from … The plaintiff seeks to qualify to receive federal grants; he cannot do so due to a regulatory restriction alleged to be illegal.

Martin v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 19, 2024

Lally is an esteemed vasculitis expert who clearly explained Petitioner’s diagnosis and presentation. She is not, however, an immunologist. Dr. … While it is true that autoimmune diseases and molecular mimicry both result from immune system dysfunction, that per se does not establish the two are connected in every instance.

S & E Contractors, Inc. v. The United States

433 F.2d 1373 · United States Court of Claims · Nov 30, 1970

Before tackling these provocative questions, we think it appropriate to define clearly the perimeters of our analysis. … The interests of the contractors are clearly and undoubtedly involved. But likewise involved are the interests of the Government.

Clifton Arline v. Denis McDonough

United States Court of Appeals for Veterans Claims · Jul 1, 2021

Arline's employment did not qualify as "in a protected environment" given his employment history. R. at 21. … We review the Board's credibility determination and other factual findings under the "clearly erroneous" standard. Butts v. Brown, 5 Vet.App. 532, 534 (1993) (en banc).

Haddad v. United States

United States Court of Federal Claims · Jan 12, 2021

Plaintiff further argues the government waived sovereign immunity in this case because “the Federal Circuit [] completely up-ended [and expanded] the careful waiver of sovereign immunity that Zoltek and Decca were based on … ” by holding “all agencies entering into any contracts immunize all conduct of government contractors without any reference to authorization or consent.”

Bhl Properties, LLC v. United States

United States Court of Federal Claims · Nov 21, 2017

Standards The standards for granting summary judgment are well established. … But even assuming that they were identical, on August 11, 2017, the government clearly signaled that it intended to challenge Mr.

Walters v. United States

181 Ct. Cl. 790 · United States Court of Claims · Dec 15, 1967

Those in CWO W-4 not so qualified were dropped to head the next grade, CWO W-3. … To establish a sequence on the promotion list within the grades of W-4, W-3, and W-2, Department of the Army Special Order, SO-243, dated December 1, 1954, established, for the officers listed thereon, a D/R of November 1

Gallagher & Ascher Co. v. United States

51 Cust. Ct. 267 · United States Customs Court · Nov 21, 1963

Plaintiff, at the trial, called three witnesses, all of whom were well informed and fully qualified. … Their combined testimony clearly established the origin, chemical, and physical characteristics of the subject merchandise; also, its sale, importation, and consumption. Plaintiff’s witness, Ben J.

Mildred Nolan v. R. James Nicholson

20 Vet. App. 340 · United States Court of Appeals for Veterans Claims · Aug 30, 2006

Gage in requiring that she establish herself before VA as an eligible accrued-benefits claimant. … Cir. 1996) (stating that this Court could issue a limited remand to determine whether a person qualifies as an accrued-benefits claimant); cf. Fisher v.