Case law

Lamona Dodd, Parent of S.S., a Minor v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 21, 2013

She asked to file a supplemental expert report to describe petitioner’s theory more clearly. Petitioner’s Status Report, Oct. 22, 2010, at 2. The undersigned granted petitioner’s request. … Kinsbourne further asserted that when a seizure occurs within a medically reasonable time frame after an MMR immunization, it need not be accompanied by fever to establish vaccine-related causation.

Doe v. United States

66 Fed. Cl. 165 · United States Court of Federal Claims · Jun 30, 2005

Only a Dismissal, Dishonorable, Bad Conduct, or Other Than Honorable Discharge can qualify as types of military separations that limit Fifth Amendment liberty interests, because they may prevent a discharged person from qualifying … Plaintiff was not immune from the effects of that extended stress. And, as a result, he was retired involuntarily.

Wing v. Commissioner

81 T.C. 17 · United States Tax Court · Jul 11, 1983

Also, respondent contends that petitioner is precluded from deducting any advance royalty payment since it does not clearly reflect income within the meaning of section 446. … However, rules may be based on law, on interpretation of a statute, and on policy preferences, and hardly at all on identifiable facts; such rules may clearly be valid without factual support.

Mississippi River Fuel Corporation v. The United States

314 F.2d 953 · United States Court of Claims · Apr 5, 1963

Commissioner, 7 Cir., 267 F.2d 853 -(1959), is clearly distinguishable on the-facts from the case at bar. … If this case does not fall within the provisions of subparagraph (D) it is difficult to visualize a case that would qualify.

Exxon Corp. v. Commissioner

102 T.C. 721 · United States Tax Court · Jun 6, 1994

A long line of precedent establishes the principle that a provision may be interpreted in a manner contrary to its unambiguous language “when the intent of the legislative scheme clearly indicates a result contrary to that … In the Revenue Act of 1913, the first cost method of computing depletion deductions was established. Revenue Act of 1913, ch. 16, sec. 11(B), (G)(b), 38 Stat. 167 , 172.

Maxwell Trust v. Commissioner

58 T.C. 444 · United States Tax Court · Jun 12, 1972

petitions were filed, and the Central National Bank & Trust Co., a corporation chartered and existing under the laws of the United States with its offices in Des Moines, Iowa, at the time the petitions were filed, are the duly qualified … question of whether one spouse can maintain an action in tort against the other spouse is clearly a matter which should be governed by the law of the domicile of the persons involved.

Springfield Plywood Corp. v. Commissioner

18 T.C. 17 · United States Tax Court · Apr 4, 1952

Here, the correspondence carried on between the incorporators clearly indicates the many changes in the capital structure prior to the organizational meeting in March 1940. … (a) General Role. — In any case In which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

Scott v. Commissioner

25 B.T.A. 131 · United States Board of Tax Appeals · Jan 12, 1931

In the section last quoted the word “ property ” is not qualified in express terms. In our opinion, however, it refers to and includes only such property of a decedent as may be subject to Federal estate taxes. … In the present proceeding no such fact is established.

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.

Shoshone Indian Tribe of Wind River Reservation v. United States

93 Fed. Cl. 449 · United States Court of Federal Claims · Aug 5, 2010

The statute of limitations provision of 28 U.S.C. § 2501 limits the government’s waiver of sovereign immunity for every claim within the jurisdiction of the Court of Federal Claims. Soriano v. … Statutes that “defer the accrual of a cause of action, *455 or otherwise affect the time during which a claimant may sue the Government also are considered a waiver of sovereign immunity.”

W. N. Proctor Co. v. United States

40 C.C.P.A. 33 · Court of Customs and Patent Appeals · Jun 24, 1952

where they turn upon the intelligence and credibility of witnesses, unless such findings are without evidence in the record to support them, or are clearly contrary to the weight of such evidence. … As it started colonies in different countries, it sent its sheep there and thus established woolgrowing in those places.

Proper v. United States

154 F. Supp. 317 · United States Court of Claims · Jul 12, 1957

The record before the Board clearly established that with plaintiff’s symptoms, about which he made no secret, no medical examination would be considered thorough which did not include a neurological study and that there … The record established that the examinations were not thorough because, with plaintiff’s known symptoms, a neurological examination was strongly indicated.

Dianish v. United States

183 Ct. Cl. 702 · United States Court of Claims · Apr 19, 1968

These conclusions were clearly within the area of competence of the acting officials and classifiers of the Bureau, and the appointment of plaintiffs as GS-12s after the reorganization was clearly within the discretion of … interviewers who consulted the plaintiffs were as well-qualified as might be expected for personnel experts lacking technical background in jet and turbojet engines.

United States v. Twin Wintons

535 F.2d 636 · Court of Customs and Patent Appeals · Jun 10, 1976

Clearly this evidence of record does not “show translucency.” … Thiemecke was a highly qualified witness in the technology of ceramics, but he did not testify that stoneware must be made from clays containing iron or titanium.

Church of Ethereal Joy v. Commissioner

83 T.C. 20 · United States Tax Court · Jul 17, 1984

The articles recite that: "This association is established for the purpose of operating a church for religious purposes.” … The administrative record shows quite clearly that Conklin has actively promoted the organization and operation of similar organizations in Colorado.

McCarthy v. United States

1 Cl. Ct. 446 · United States Court of Claims · Mar 17, 1983

The last contention was that Builders, as a foreign corporation, had an obligation pursuant to 28 *451 U.S.C. § 2502 (1976), to establish reciprocity for arbitral awards in Senegal. … cost estimates from Builders to AID and the devis estimatifs from EGCAP to Builders, that “it is impossible to find that they provide clear and convincing evidence of fraud.” 6 The court found that the documents did show clearly

Proposed Changes in Operation of the Witness Protection Program

Department of Justice Office of Legal Counsel · Dec 29, 1982

Description of Program and Proposed Changes Under the Program, which was established under Title V of the Organized Crime Control Act of 1970, Pub. L. … The courts in D oe and Leonhard reasoned that the Crime Control Act does not waive sovereign immunity for suits brought against the government under the Act, and that the general waiver of sovereign immunity for injunctive

Whether Section 564 of the Food, Drug, and Cosmetic Act Prohibits Entities from Requiring the Use of a Vaccine Subject to an Emergency Use Authorization

Department of Justice Office of Legal Counsel · Jul 6, 2021

10 Earlier-introduced versions of section 564(e)(1)(A)(ii)(III) in 2003 referred to “any option to accept or refuse administration of the product” (as opposed to “the” option), a formulation that might have even more clearly … These qualifiers indicate that FDA’s responsibility to 11  45 Op.

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

French v. United States

42 Fed. Cl. 49 · United States Court of Federal Claims · Oct 14, 1998

Courts have stated that section 1552 does not, by itself, qualify plaintiff for monetary relief. … Therefore, defendant bears a heavy burden to establish an “insurmountable bar” to plaintiffs relief. Chavez, 15 Cl.Ct. at 356 .