Case law

Perry v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 22, 2019

“Respondent denies that the flu immunization is the cause-in-fact of petitioner’s alleged SIRVA and/or any other injury.” … Respondent further denies that petitioner's alleged injury qualifies as a Table injury. 7.

Patino v. Commissioner

13 T.C. 816 · United States Tax Court · Nov 29, 1949

No claim is made of diplomatic immunity. Patino and his family, in the fall of 1940, came to the United States as a place of refuge from the war then going on in Europe. … A separation agreement enables a wife to establish residence independent of her husband. Perrin v. Perrin, 250 N. Y. S. 588.

Englert v. United States

38 Fed. Cl. 366 · United States Court of Federal Claims · Jul 18, 1997

Englert had failed to establish a causal connection between his psychological condition and his performance. … The individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Testan, 424 U.S. at 398 , 96 S.Ct. at 953 .

Turping v. United States

134 Fed. Cl. 293 · United States Court of Federal Claims · Sep 22, 2017

provided that: [i]n filling employment positions for work under the contract, other than management positions, the Contractor and Major Subcontractors, agree to hire employees who are or can become qualified … The Tucker Act does not create “substantive rights; [it is simply a] jurisdictional provision[] that operate[s] to waive sovereign immunity for claims premised on other sources of law (e.g., statutes or contracts).”

MoneyGram International, Inc. v. Commissioner

144 T.C. 1 · United States Tax Court · Jan 7, 2015

R dis- allowed the ordinary loss deductions on the ground that P did not qualify as a ‘‘bank.’’ 1. … In sum, MoneyGram is not chartered as a bank, is not regulated as a bank, and does not manifest ‘‘the bare req- uisites’’ for bank status established in Staunton and its progeny.

Levy v. Commissioner

19 B.T.A. 605 · United States Board of Tax Appeals · Apr 16, 1930

The evidence clearly shows the petitioner's intention to make a gift of the stock. … Nor is there any evidence of record to establish that the petitioner exercised any dominion or control over the stock after its delivery and acceptance by the donee.

Beaconwear Clothing Co. v. United States

355 F.2d 583 · United States Court of Claims · Jan 21, 1966

Contrary to the allegations contained in Spiotta’s third-party petition and plaintiff’s third amended petition, the record clearly establishes that Spiotta was not a bank or authorized financial institution within the meaning … At page 3 of the same document, the statement was made that “Plaintiff-assignee’s right to judgment is clearly established,” “the Use-plaintiff’s right to recovery is established by the pleadings,” and at page 4 thereof,

W-F

29 I. & N. Dec. 319 · Board of Immigration Appeals · Sep 15, 2025

DHS asserts on appeal that the Immigration Judge clearly erred in finding that it is more likely than not that the respondent will experience torture in Haiti by or at the instigation of or with the consent or acquiescence … To qualify for CAT protection, the respondent must demonstrate that it is more likely than not that he will be tortured by or at the instigation of or with the consent or acquiescence of a public official or other person

Edge Import Corp. v. United States

83 Cust. Ct. 140 · United States Customs Court · Dec 17, 1979

Thus, such a knife is clearly possible. … In any case, there has been no showing of an established uniform practice within the meaning of 19 U.S.C. 1315(d).

Böhler-Uddeholm Corp. v. United States

946 F. Supp. 1003 · United States Court of International Trade · Nov 14, 1996

The court is unable to accept this qualified application. Id. In addition, it would be impractical to apply today’s threshold test based upon the evidence available in 1976. … It is established that Bethlehem Steel and Crucible Steel manufactured plastic mold steel in 1976 as demonstrated by each company's bro *1006 chures.

Doernbecher Mfg. Co. v. Commissioner

30 B.T.A. 973 · United States Board of Tax Appeals · Jun 21, 1934

. *986 The petitioner offered the testimony of witnesses to establish what amounts would constitute reasonable salaries for Green and John. … If title remained in John the stock clearly was outstanding.

Shull v. United States

228 Ct. Cl. 750 · United States Court of Claims · Jul 10, 1981

In the main, plaintiff argues that the 1975 decision was error because no inspection was conducted and that these materials qualified under a "local policy” that had been applied to other servicemen. … As there was no inventory to establish the contents or condi *754 tion of the shipment, plaintiffs brother took no exception to the delivery and received the goods in "as is” condition.

Consolidated Rail Corp. v. United States

883 F. Supp. 1565 · Special Court under the Regional Rail Reorganization Act · Apr 4, 1995

As stated by the RSPO: The commuter subsidy standards are guidelines which permit the subsidized and the railroad to establish a relationship uniquely suitable to them. … We simply cannot imply immunity from CERCLA liability for Conrail when Congress clearly intended *1583 CERCLA to apply to anyone connected with contamination, regardless of fault, and, in many cases, in the form of joint

Duff v. Commissioner

23 B.T.A. 1343 · United States Board of Tax Appeals · Aug 28, 1931

Discussing the issues in their order, we are of the opinion that petitioner has fully and clearly sustained his allegations of loss on his $45,000 par value of first mortgage 5 per cent gold bonds of the Beaumont & Great … The word “ business ” [in section 204 of the Revenue Act of 1921] is qualified by the word “ any.”

Salomon v. United States

7 Ct. Cl. 482 · United States Court of Claims · Dec 15, 1871

; but where a claimant suing the Government is without legal redress, either because the judiciary of the United States are without adequate jurisdiction, or because the Government, as a contractor, possesses powers and immunities … On the contrary, the statute appears to me to be more clearly mandatory than any of the others.

Temporary Presidential Designation of Acting Board Members of the Inter-American Foundation and the United States African Development Foundation

Department of Justice Office of Legal Counsel · Mar 14, 2025

When a member’s term expires, the member “shall continue to serve until his successor is appointed and shall have qualified.” Id. … O.L.C. __ (Mar. 14, 2025) 3348(d)(1) or any other section of the FVRA disrupts that usual balance, clearly or otherwise.

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

19 Cl. Ct. 409 · United States Court of Claims · Jan 26, 1990

However, we emphasize that henceforth counsel shall clearly understand that proof of hours expended for legal services must be established by contemporaneous time records. … Such an enigmatic result clearly was not contemplated by the statute. See also, 135 Cong.Rec.

Phillips Construction Company, Inc. v. The United States

374 F.2d 538 · United States Court of Claims · Mar 17, 1967

price contract with defendant, erected at Myrtle Beach, South Carolina about 800 housing units under the authority of the Capehart Housing Act. 1 Because of adverse weather, the completion date for construction, originally established … I Financing the construction of housing for. military personnel under the Cape-hart Act 2 operated as follows: The lowest qualified bidder formed a corporation to which the Government leased certain lands where specified

Whitlock Corporation v. United States

159 F. Supp. 602 · United States Court of Claims · Mar 5, 1958

Plaintiff had specified clearly in its bid that the entire contract was to be performed by Hatheway under subcontract. … Although the record does not establish that such a preaward survey was made, the contract was awarded to plaintiff on March 7, 1952, and plaintiff immediately ordered Hatheway to proceed with the subcontract.

Loewi & Co. v. Commissioner

23 T.C. 486 · United States Tax Court · Dec 15, 1954

A taxpayer who claims a deduction must not only point to the law which authorizes it, but must also present facts clearly bringing his claim within it. [Early v. Atkinson, (C. A. 4) 175 F. 2d 118, 121 .] … Clearly petitioner has not proven that it sustained a bad debt loss within the purview of section 23 (k) (1) of the 1939 Code. 1 To qualify under that section a taxpayer must show that a valid debt existed. Charles S.