Case law

Apple Computer, Inc. v. United States

749 F. Supp. 1142 · United States Court of International Trade · Oct 19, 1990

Since the defendant has not established that the granting of a motion to alter or amend the judgment is appropriate, the motion is denied. … CONCLUSION It is the conclusion of the court that the defendant has failed to establish that the granting of a motion to amend or alter the judgment in Apple Computer, Inc. v.

Braeburn Alloy Steel Corp. v. United States

95 Ct. Cl. 343 · United States Court of Claims · Jan 5, 1942

for a taking but for consequential damages and it is well established that the Government is *354 not liable for damages of that character. … Paul & Pacific Railroad Co., supra, the application of the doctrine outlined in those cases (Lynah and Cress) was limited and qualified.

Orient Overseas Container Line (UK) Ltd. v. United States

48 Fed. Cl. 284 · United States Court of Federal Claims · Dec 5, 2000

The court held that Congress, by creating the fund, clearly intended that the government, rather than the carriers, bear those costs. 77 F.3d at 1571 . … Defendant contends that the government has not waived sovereign immunity with respect to claims for interest, and that plaintiffs claim is therefore barred. Defendant’s Motion for Partial Summary Judgment at 9-12.

Rice Millers' Ass'n v. United States

15 Ct. Cust. 355 · Court of Customs and Patent Appeals · Jan 23, 1928

That answer would be correct if it had been established that, commercially, broken rice was brewer’s rice. … The testimony, however, clearly proves that in trade and commerce the term “broken rice” is not limited to brewer’s rice, and that, as it includes second head rice, screenings, and brewer’s rice, it does not mean brewer’s

Laurano v. Commissioner

69 T.C. 723 · United States Tax Court · Feb 16, 1978

The fact that an individual is already performing service in an employment status does not establish that he has met the minimum educational requirements for qualification in that employment. … Since the Principles and Practices course, as well as the other two courses which Margaret took during 1973, clearly maintained or improved her skills as a teacher, the expenses attributable to such courses are deductible

Brown v. United States

122 Ct. Cl. 361 · United States Court of Claims · May 6, 1952

The United States as the sovereign is immune from liability in the absence of congressional action, and neither the President nor any of his executive officers, nor the courts, possess power to impose such liability. … In the instant case the plaintiff was clearly afforded all the procedural rights provided for one engaged in a loyalty test.

Smith v. Secretary of Health and Human Services

United States Court of Federal Claims · May 12, 2016

Onset of MS Symptoms In this case, the parties presented two highly qualified experts. The petitioner presented Dr. … Smith to testify more clearly, but as observed by both experts, the most that could be derived from the testimony were some scattered factoids and an opaque history. Tr. at 205-06; 284-85. Dr.

Bernard v. United States

59 Fed. Cl. 497 · United States Court of Federal Claims · Jan 22, 2004

If the complaint does not clearly state an independent money-mandating source, as a matter of law, the complaint must be dismissed. See Gollehon Farming v. United States, 207 F.3d 1373,1379 (Fed.Cir.2000); Palmer v. … TDRL status qualifies a soldier for disability retirement on a temporary basis, "when it is determined that the soldier is qualified for disability retirement under 10 U.S.C. § 1201 but for the fact that his or her disability

LEE

13 I. & N. Dec. 214 · Board of Immigration Appeals · Jul 1, 1969

Respondent, as the spouse of a United States citizen, clearly has the familial relationship re- quired by the statute. … Section 241(f) must be interpreted in light of the process established by the Immigration and Nationality Act for obtaining information from aliens who seek to qualify for entry into the United States.

Red Star Yeast & Products Co. v. Commissioner

25 T.C. 321 · United States Tax Court · Nov 30, 1955

In some measure, the research and development costs which the Service contemplated were particularized and qualified in terms of such costs in an “experimental or laboratory sense,” and related mainly to the constant carrying … Accordingly, we think that the expenditure incurred by petitioner for payments to Best Yeast was such as would qualify for deduction as a business expense in accordance with the policy statement of Commissioner Dunlap.

Wang v. Comm'r

113 T.C.M. 1389 · United States Tax Court · May 15, 2017

limited scope of “qualified.” … Petitioners’ challenge to the determined penalty seems to hinge entirely on their belief that 3WC operated on a noncalendar taxable year, immunizing them from respondent’s determinations.

Cerone v. Commissioner

87 T.C. 1 · United States Tax Court · Jul 1, 1986

This is clearly contrary to the plain meaning of the statute and its legislative history. … [[Image here]] The record does not establish when the above language in regard to the cash in the savings account was stricken out.

Namrow v. Commissioner

33 T.C. 419 · United States Tax Court · Nov 30, 1959

It is to be remembered the candidates were all qualified psychiatrists. … It is certain the petitioners had not, before enrollment in the institute, established themselves as qualified to employ the theory and practice of psychoanalysis, as that term is meant generally amongst doctors or the Freudian

The Test for Determining "Officer" Status Under the Appointments Clause

Department of Justice Office of Legal Counsel · Jan 16, 2025

In Lucia, the Supreme Court stated that “an individual must occupy a ‘continuing’ position established by law to qualify as an officer.” 585 U.S. at 245 (quoting Germaine, 99 U.S. at 511). 2 Lucia thus follows a long line … Specifically, we have observed that a position is most clearly “continu- ing” if it is “permanent”—that is, if it is not “limited by time or by being of such a nature that it will terminate ‘by the very fact of performance

Humbert v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 20, 2023

She explained that she remembered this clearly due to important events in her professional career occurring at the same time. Id. Ms. … Standards for Adjudication The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a).

Augusta Towing Co. v. United States

5 Cl. Ct. 160 · United States Court of Claims · Apr 19, 1984

Contrary to this admonition, the class of taxed waterways established by the Act was arbitrarily selected, according to plaintiffs. … In rejecting a constitutional challenge to a federal aircraft registration tax based on the states’ constitutionally implied immunity to federal taxation, the Court in Massachusetts relied on “[a] clearly analogous line of

Washington Federal v. United States

United States Court of Federal Claims · Jul 16, 2020

Congress chartered Fannie in 1938 and established Freddie in 1970. Id. ¶¶ 25, 27. … “The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941).

Nottage v. United States

United States Court of Federal Claims · Nov 28, 2017

The United States Supreme Court has found that "a court may dismiss a claim as factually frivolous only if the facts alleged are 'clearly baseless' ... a category encompassing allegations that are 'fanciful' ... … immunity as to the types of claims allowed.

State Procedures for Appointment of Competent Counsel in Post-Conviction Review of Capital Sentences

Department of Justice Office of Legal Counsel · Dec 16, 2009

If the Attorney General chooses to establish a federal minimum standard of counsel competency that state mechanisms must meet in order to qualify for certification, he should do so in a manner that still leaves the … Prior to the 2006 amend- ments, states already had to “establish a mechanism for the appointment” of counsel who were competent, and to establish competency standards for such counsel, in order to qualify for the expedited

Little River Lumber Co. v. United States

36 Cont. Cas. Fed. 75,945 · United States Court of Claims · Sep 28, 1990

Clearly, Lenihan would not qualify to certify a claim under this regulation. But, as defendant acknowledges, the FAR does not apply to the contracts involved herein. … Clearly, the FAR, in defining the term “claim,” requires the contractor to specify a sum certain. 8 But, as noted above, the FAR does not apply herein.