Case law

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).

H. P. Coffee Company v. Reconstruction Finance Corporation

215 F.2d 818 · Emergency Court of Appeals · Oct 8, 1954

It has no legal cause for complaint if, in retrospect, the obligations outweigh the benefits actually received. 15 This interpretation is clearly consonant with the purpose of the subsidy program instituted to eliminate the … Indeed, the quoted language, when read in context, is expressly so qualified, i. e., "However, it is our opinion that, regardless whether any shipments were made subsequent to the dates of the amendments to the contract,

Adams v. United States

27 Fed. Cl. 5 · United States Court of Federal Claims · Oct 30, 1992

Defendant argues that the United States has only waived sovereign immunity to the extent that FLSA confers upon plaintiffs a substantive right to receive money. … Second, “[t]he FLSA in effect establishes a presumption for a nonexempt status. The employer clearly has the burden of establishing a claimed exemption.” Id. at 590 ; see also Corning Glass Works v.

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.

O-M-O

Board of Immigration Appeals · Jan 8, 2021

She is qualified to make that judgment because the indicia of fraud, namely, the misspelling of “Nigeria” and the “peculiar setting of the text, signature, and seal,” are readily apparent on the face of the document. … Eligibility for Relief The respondent has the burden of establishing his eligibility for relief. Sections 240(c)(4)(A), (B) of the Act.

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.

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

Frank v. Commissioner

54 T.C. 75 · United States Tax Court · Jan 26, 1970

Paragraph (f) of the above-quoted regulations clearly indicates that as a general rule an officer of a corporation is considered to be an employee thereof. … Eespondent introduced the testimony of two well-qualified expert witnesses, James H.

Crowell-Collier Pub. Co. v. Commissioner

25 T.C. 1268 · United States Tax Court · Mar 19, 1956

The determination of petitioner’s constructive average base period net income resulting from both or either of the qualifying factors set forth in 1 and 2 above. 4. … This fact, we think, was clearly established by evidence at the hearing.

Resource Conservation Group, LLC v. United States Deparment of Navy

86 Fed. Cl. 475 · United States Court of Federal Claims · Mar 31, 2009

In response, the United States Congress authorized the Naval Academy to establish and operate a dairy. Id. … The burden of establishing jurisdiction falls upon the plaintiff. See FW/PBS, Inc. v.

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

B & H Medical, LLC v. United States

116 Fed. Cl. 671 · United States Court of Federal Claims · Jun 23, 2014

The language at issue in MIPPA, § 1395w-3(a)(1)(D)(i), clearly purports to impose a limitation on federal court jurisdiction. … Reconsideration by a Qualified Independent Contractor (QIC) (42 C.F.R.§§ 405.960-.978); 3.

Union Cent. Life Ins. Co. v. Commissioner

77 T.C. 845 · United States Tax Court · Oct 13, 1981

Petitioner has simply failed to establish to our satisfaction that the 130 acres of land qualify for exclusion under section 805(b)(4). … Clearly, petitioner’s payment of a franchise tax qualified as an ordinary and necessary expense of carrying on its business in Ohio.

Winn v. Commissioner

67 T.C. 499 · United States Tax Court · Dec 20, 1976

Barry established and worked primarily with a fellowship Bible study aimed at young college students in Korea. … Moreover, the evidence does not establish that such services were either performed or arranged for by Wagren.

Holbrook v. United States

1 Ct. Cust. 263 · Court of Customs and Patent Appeals · Feb 15, 1911

At the outset we assume that all witnesses who were permitted to express their opinions upon the quality of these oils were, as the board evidently found them to be, qualified to give their opinion. … The evidence of the importers, which was not contradicted by that of the Government, establishes the following propositions: 1.

Sarles v. United States

141 Ct. Cl. 709 · United States Court of Claims · Mar 5, 1958

The Army has refused to pay plaintiff the retirement pay for which he has admittedly qualified by age and length of service under the terms of the 1948 Act, on the ground that such payment is prohibited under the dual compensation … We are of *714 the opinion that the benefits of the 1948 Act were clearly-enacted for both members and former members of Reserve .components of the Armed Forces and of the National Guard, and membership or the holding of

De Goldschmidt-Rothschild v. Commissioner

9 T.C. 325 · United States Tax Court · Sep 12, 1947

The facts herein lead clearly to that conclusion. … In our opinion, there was here such a program, clearly established by the facts and circumstances surrounding the transaction.

Smith v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 29, 2018

Smith suffered from post-vaccination immune-related acute motor-sensory axonal polyneuropathy (AMSAN). Exhibit 16 at 3. Dr. Morgan stated that this is a variant of GBS. Id. Dr. … Smith did not meet his burden to establish that he suffered from his alleged injury. The notes from the medical records failed to indicate that any of Mr.

ENNIS v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · May 6, 2026

Cupps’s] invoice is clearly detailed.” Remand Oral Arg. Tr. at 603. 10  The way that Dr. … Tr. at 589), they maintained that caselaw established the market rate. Remand Oral Arg. Tr. at 590.

Diaz v. United States

United States Court of Federal Claims · Oct 14, 2021

This Court’s jurisdiction to entertain claims and grant relief depends on the extent to which the United States has waived sovereign immunity. United States v. Testan, 424 U.S. 392, 399 (1976). … Diaz argues that, should the CDA apply to his contract, the letter sent from to Deputy Managing Counsel for the USPS would qualify as a claim for purposes of the CDA.