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74 Fed. Cl. 477 · United States Court of Federal Claims · Nov 30, 2006
United States, 226 F.3d 1318, 1321 (Fed.Cir.2000) (“As a waiver of sovereign immunity, the EAJA is interpreted narrowly. But this is not a talisman for permitting the [Gjovernment to avoid liability in all cases.”). … See AR Ex. 13; see also 42 U.S.C. §§ 3796 (a) (For a survivor to qualify for a benefit under the PSOBA: 1) a public safety officer; 2) must have suffered a “personal injury;” 3) the injury must have been suffered “in the
Cited 14 timesPublished66 T.C. 1084 · United States Tax Court · Sep 30, 1976
Petitioner wisely did not argue that he was entitled to the protection of section 6013(e) since one of the conditions to qualify under this provision is that the innocent spouse must establish “that in signing the return … To constitute a plan, the terms of the arrangement must be firm and fixed and the steps clearly integrated. Bernard E. Niedermeyer, 62 T.C. 280, 291 (1974); Otis P.
Cited 61 timesPublished47 T.C. 177 · United States Tax Court · Nov 21, 1966
We think the J ewell case is clearly distinguishable from this case on the facts. 5 The Nowland case is likewise distinguishable on its facts and is not controlling here. … as racehorses under the standards established by petitioner so they were sold in the ordinary course of that business.
Cited 6 timesPublishedUnited States Court of Federal Claims · Jan 13, 2020
Cl. 1958) (" It is well established that . .. a controversy between private parties could not be entertained [in this court]."); Anderson v. United States, 117 Fed. … Fanelli's claims are clearly beyond the subject-matter jurisdiction of this court.
Cited 0 timesPublished485 F.2d 606 · United States Court of Claims · Oct 17, 1973
Similarly, property held by the entirety is immune from the reach of a third party creditor of one spouse only. Madden v. Gosztonyi Savings & Trust Co., 331 Pa. 476, 482 , 200 A. 624, 627-28 (1938). … In general under Pennsylvania law, once a tenancy is established, neither spouse can partition, terminate or sever the estate by his or her action alone — at least not to the detriment of the other.
Cited 3 timesPublishedPrecision Standard, Inc. v. United States
71 Fed. Cl. 216 · United States Court of Federal Claims · May 2, 2006
Indeed, correct appraisal of the responsibility of a prospective contractor is clearly in the self-interest of the procuring agency; there is a built-in stimulus against error. … Read as a whole, the notice of award letter makes clear that price was the only factor considered after the qualified offerors were determined to be responsible.
Cited 2 timesPublished154 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.
Cited 52 timesPublished134 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).”
Cited 1 timesPublishedLane v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 30, 2024
Neunert is qualified to call into question the results of an epidemiologic study. The Secretary’s second challenge to Garbe appears to be the presentation of a different epidemiologic study. … Due to contradictory results, it probably cannot be said that the proposition that the flu vaccine can cause thrombocytopenia has been established 7 Garbe et al., Drug-induced immune thrombocytopaenia: results
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Jan 31, 2018
A court must grant summary judgment “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at … Unless an exclusion applies, payments that are “undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion” constitute taxable income. Commissioner v.
Cited 0 timesPublished10 Vet. App. 93 · United States Court of Appeals for Veterans Claims · Feb 3, 1997
The appellant’s foot disability is excreting a particularly foul-smelling drainage that seems to suggest that he may qualify as an exceptional case under section 3.321. … It was established in Floyd v.
Cited 42 timesPublishedLamona 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. 3 Petitioner’s Status Report, Oct. 22, 2010, at 2. … 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.
Cited 0 timesPublishedGerald K. Kandel v. United States
United States Court of Federal Claims · Jun 22, 2022
that the additional forty dollars reflected in plaintiffs’ accounting is a scrivener’s error, and it does not affect the court’s ruling on the present motion. 2 “[t]o qualify … And while the decision is not binding precedent, the Circuit has clearly “indicated its view” on the relevant law therein. RhinoCorps Co. v. United States, 87 Fed. Cl. 261, 279 (2009); see also Lerwick v.
Cited 0 timesPublished159 F.2d 416 · Emergency Court of Appeals · Jan 15, 1947
For this authority clearly appears from the express provisions of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 901 et seq. … Opposed to them were five qualified and representative real estate men whose views were in serious contradiction to those of the inspectors in many particulars.
Cited 3 timesPublished11 Cl. Ct. 77 · United States Court of Claims · Oct 16, 1986
The general rule is that this waiver of sovereign immunity merely defines the parameters of the Claims Court’s jurisdiction; “it does not create any substantive right enforceable against the United States for money damages … The Federal Circuit in Rosano and Connolly has clarified and limited the ramifications of Kennedy, Jackson, and Swaaley, and their reasoning clearly has no useful application to the instant case.
Cited 17 timesPublishedComm. Overseeing Action for Lumber Int'l Trade Investigations or Negotiations v. United States
2019 CIT 136 · United States Court of International Trade · Nov 4, 2019
The plaintiff bears the burden of establishing subject-matter jurisdiction. See Norsk Hydro Can., Inc. v. United States, 472 F.3d 1347, 1355 (Fed. Cir. 2006). … See I&D Mem. at 22 (concluding that “a company qualifying for a CVD expedited review is not a new shipper”); compare 19 C.F.R. § 351.214(k)(3)(i), and id. § 351.214(k)(3)(ii), with id. § 351.214(g)(2), and id.
Cited 0 timesPublished21 I. & N. Dec. 541 · Board of Immigration Appeals · Jul 1, 1996
than these will not qualify as an exceptional circumstance. … In fact, the report found that the number of cases in which aliens file multiple applications for relief or motions to reopen comprise less than five percent of the total caseload and that this “clearly establishes a low
Cited 69 timesPublished84 T.C. 980 · United States Tax Court · May 23, 1985
Rather, it remanded for further proceedings in accordance with its opinion, which clearly stated: "In our view the earlier-established 'goods and services’ requirement rather than the 'facts and circumstances’ approach is … Since petitioner clearly does not satisfy the minimum standard (indeed he makes no argument that he does), we have no choice but to hold that he is not engaged in a trade or business so as to qualify for the deduction of
Cited 14 timesPublishedConfederated Tribes of the Colville Reservation v. United States
20 Cl. Ct. 31 · United States Court of Claims · Mar 23, 1990
The plaintiffs contend that this clause, as styled, is in effect a waiver of sovereign immunity 22 under which claims must be weighed against a standard of “fairness, honor and morality.” … In that sense, the limited waiver of sovereign immunity contained in that statute is not nearly as broad as the Tribes would have us believe, and in no sense implicates navigational servitude.
Cited 12 timesPublished7 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.
Cited 3 timesPublished
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