Case law

Darton Innovative Technologies, Inc. v. United States

United States Court of Federal Claims · Apr 19, 2021

The SBA establishes “size standards” that represent the largest size that a concern can be and still qualify as a small business for purposes of federal-government programs. See 13 C.F.R. § 121.101. … The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process.” Sys. Application & Techs., Inc. v.

Hoffman v. United States

175 Ct. Cl. 457 · United States Court of Claims · May 13, 1966

The medical officer who examined plaintiff found plaintiff qualified for “Separation” and did not list any disqualifying defects. … , implementing departmental regulations governing the Board’s procedures were established, and the criteria for relief was identified.

Sharp v. United States

91 Fed. Cl. 798 · United States Court of Federal Claims · Mar 1, 2010

In order to qualify for the SBP, the veteran had to have “been eligible for retirement, have chosen SBP coverage, and have paid premiums for the benefit plan.” Sharp I, 80 Fed.Cl. at 428 (internal citations omitted). … United States, 837 F.2d 465, 467-68 (Fed.Cir.1988) (utilizing earlier “clearly reasonable” standard).

Burgess Battery Co. v. United States

19 Cust. Ct. 28 · United States Customs Court · Aug 15, 1947

—between strip and sheet that has been established over long years of trade usage. X Q. … We there said: In tariff terms, sheets and plates and bands and strips are clearly contradistin-guished, especially in metals.

Ballard v. Secretary of Health and Human Services

United States Court of Federal Claims · May 20, 2025

In his opinion, that is “clearly what happened in the Petitioner’s case.” Id. Dr. … Maverakis opined that petitioner “was clearly complaining of muscle weakness, starting months prior to her receiving the vaccination” and “was clearly having some issues with muscle soreness and weakness prior to her receiving

Heard v. Burton

333 F.2d 239 · Court of Customs and Patent Appeals · Jun 25, 1964

exception" recognized in evidentiary interference law; that appellant must comply with the usual requirements of corroboration notwithstanding the death of Heard; and that in any event appellant's notebook records do not qualify … The argument falls of its own weight since such an analysis could have been made anytime prior to Burton et al's. filing date. * * * 29 "To summarize at this point, the foregoing discussion amply and clearly demonstrates

Nsk Ltd. v. United States

170 F. Supp. 2d 1280 · United States Court of International Trade · Jun 6, 2001

NSK maintains that although it may not have clearly expressed its argument in those submissions, it clearly raised the issue of appropriate LOT matches and adjustments before Commerce and that the issue is ripe for review … Rather, to be supported by substantial evidence, Commerce must clearly articulate: (1) “why it Consol.

Lawrence G. & Lorna Graev v. Commissioner

140 T.C. No. 17 · United States Tax Court · Jun 24, 2013

of a “qualified real property interest,” to a “qualified organization”, “exclusively for conservation purposes.” … --Unless the Secretary otherwise establishes by regulations, a written determination may not be used or cited as precedent.” See Abdel-Fattah v. Commissioner, 134 T.C. 190, 202 (2010); Vons Cos., Inc. v.

James P. G Utierrez v. Anthony J. Principi

19 Vet. App. 1 · United States Court of Appeals for Veterans Claims · Dec 23, 2004

Service connection may be established directly or through a statutory presumption. … Except as provided in paragraph (c) of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying

S-K

23 I. & N. Dec. 936 · Board of Immigration Appeals · Jul 1, 2006

Although the Immigration Judge found that the respondent had established a well-founded fear of persecution in order to qualify for asylum, he denied her application for relief because, by providing money and other support … rejected the alien’s arguments that because a similar statute criminalizing such support to terrorists included a longer list of examples, including lodging, congressional intent was to limit the types of support that would qualify

Brooks Range Contract Services, Inc. v. United States

101 Fed. Cl. 699 · United States Court of Federal Claims · Dec 19, 2011

In this case, plaintiff has failed on two grounds to establish subject matter jurisdiction. … Second, the “Teaming Agreement must clearly show that the small business is taking a lead position (performing the majority of the work).” Id.

Lee v. United States

33 Fed. Cl. 374 · United States Court of Federal Claims · Apr 26, 1995

Relief against the United States requires a waiver of sovereign immunity. United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976), (citing United States v. … With Title VII, Congress established a system of procedural mechanisms by which employees may pursue discrimination claims. 42 U.S.C. §§ 2000e-2000e-17.

Jones v. United States

104 Fed. Cl. 92 · United States Court of Federal Claims · Mar 15, 2012

The Judge Clearly ask the Plaintiff did anyone make him any offer, the Plaintiff Public Representative instructs Plaintiff into the Perjury While State Attorney Witness it with no objection. … “While a pro se plaintiff is held to a less stringent standard than that of a plaintiff represented by an attorney, the pro se plaintiff, nevertheless, bears the burden of establishing the Court’s jurisdiction by a preponderance

Willingham v. States

35 Fed. Cl. 633 · United States Court of Federal Claims · Jun 6, 1996

I could have taken courses that would have qualified for the hours. THE COURT: Right. MR. WILLINGHAM: I chose not to do that. I am not challenging directly what the Board did. … 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 .

Bailey-Mora Co. v. United States

54 Cust. Ct. 55 · United States Customs Court · Feb 1, 1965

The witness, who appears to be well qualified, testified that, in the course of his work, he had seen and examined merchandise such as is represented by the plaintiffs’ illustrative exhibits 15, 16, 17, and 18, which were … An examination of the hats depicted by plaintiffs’ exhibits 1 through 10 and 12-A through 14 clearly evidences the fact that they are substantially of the type used in the fields and around the farm.

Mitchell v. Commissioner

47 T.C. 120 · United States Tax Court · Nov 15, 1966

Clearly, this does not show the necessary continuity or frequency to establish a “trade or business.” See Wellesley A. Ayling, supra at 709 ; W. T. Thrift, Sr., supra at 371; and Ralph J. Oace, supra at 748 . … At page 308, we said: “The petitioner was clearly holding the property for sale— attempting to sell it — so was holding it for production of income from gain from sale.”

Connecticut Light & Power Co. v. Commissioner

40 T.C. 597 · United States Tax Court · Jun 26, 1963

fails to establish what, if any, such lines might reasonably have been built. … Respondent asserts that his determinations for the years 1940-42 were clearly erroneous.

Walter Strassburger & Co. v. United States

26 Cust. Ct. 210 · United States Customs Court · May 10, 1951

of, that term unless a commercial designation, different from the common meaning, has been clearly shown. … We think it has been clearly established by the evidence of record that, although there are degrees of bleaching, the washing process to which the involved hats were subjected in China, whether or not the soap used contained

Cunningham v. United States

549 F.2d 753 · United States Court of Claims · Jan 26, 1977

his inability to work for the purpose of precluding his recovery of back pay for wrongful discharge, unless he can establish that the agency’s determination of total disability Was clearly wrong. … Despite the contradictions, it is concluded that the official record does not establish that plaintiff was not mentally or technically qualified to perform her duties as a mathematician during her 3 years at WADC.

Kroll v. United States

107 Fed. Cl. 605 · United States Court of Federal Claims · Nov 29, 2012

If all allegations of the Complaint are true, nevertheless the plaintiff has not established a prima facie claim for relief. … The Acknowledgment by Bidder clearly placed the onus on Ms. Kroll to have determined an appropriate bid for the property.