Case law

The Cherokee Nation of Oklahoma v. United States

69 Fed. Cl. 148 · United States Court of Federal Claims · Dec 19, 2005

Clearly, this requirement is satisfied. Based on the foregoing, the court finds that PB has a right to intervene. … The Cherokee Nation contends that the distinct nature of the payment fund demonstrates that the government did not waive sovereign immunity for this type of suit. Id.

Rose v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 25, 2025

She further stated that “[a]lthough [Petitioner] is clearly a resilient young man, it is not infrequent that stressors like this contribute to hair follicle immune collapse in genetically predisposed patients, even in the … Senna noted that “[a]lthough [Petitioner] is clearly a resilient young man, it is not infrequent that stressors like this contribute to hair follicle immune collapse in genetically predisposed patients even in the most stoic

Hikari Sales USA, Inc.

Trademark Trial and Appeal Board · Mar 29, 2019

(citation omitted); In re Mecca Grade Growers, LLC, 125 USPQ2d 1950, 1958 (TTAB 2018) (“These examples [dictionary definitions and industry specific evidence] clearly show the meanings that relevant consumers … Given the term’s highly descriptive nature, Applicant has a higher burden to establish acquired distinctiveness.

Performance Additives LLC v. United States

705 F. Supp. 3d 1385 · United States Court of International Trade · May 31, 2024

Corp. imports and pays duty on certain “qualifying” petroleum derivatives, and sells or exchanges them with Y Corp., and Y Corp. then acquires a good made with the use of a qualifying article, or … See 19 U.S.C. § 1504 (establishing a statutory time frame for the liquidation of consumption entries and drawback claims).

Marprowear Profit-Sharing Trust v. Commissioner

74 T.C. 1086 · United States Tax Court · Aug 22, 1980

Petitioner was established in connection with the adoption, on April 23, 1968, of a profit-sharing trust by the Marprowear Corp. (corporation). … The plan, of which the trust was a part, was qualified under section 401(a) throughout the taxable years before us. No amendments to the original plan were made.

Hrdina v. United States

5 Cl. Ct. 17 · United States Court of Claims · Mar 30, 1984

Thus, the evidence, taken as a whole, falls far short of establishing a clear-cut relationship between poor performance of duty and plaintiff’s physical condition. … Aside from a 1967 opinion that plaintiffs torticollis was “psychogenic in origin”, all the medical evidence clearly portrays that disease as a neurological disorder.

Carrier Corp. v. United States

534 F.2d 244 · United States Court of Claims · Jan 28, 1976

Under these circumstances, we cannot conclude that the mere inclusion of these provisions in the contract and the contractor’s use of the allegedly infringing equipment, constitute sufficient evidence to establish the Government … 'Since the contract at issue is for services, the quoted portion of the clause is clearly inapposite. 28 U.S.C. § 1498 (a).

Petrini v. United States

19 Cl. Ct. 41 · United States Court of Claims · Dec 13, 1989

Particular care shall be taken to insure that year long positions are clearly required and involvé essential 12 month assignments. … It is defendant’s position that, even if the board extended an offer, it clearly and unequivocally was revoked by both Mr. Doler before plaintiff’s acceptance on April 2, 1987.

Allen v. Commissioner

50 T.C. 466 · United States Tax Court · Jun 24, 1968

We think they clearly are not, and hold that petitioner is not entitled to deductions in any amount for payments made to his mother in those years. Decisions will be entered f or Hie respondent. SEC. 73. … as a fit and proper person to have the control and custody of said child. * * * The father’s right to the earnings of a minor child under common-law doctrine has been long established in Pennsylvania.

Douglas J. Smith v. United States

111 Fed. Cl. 740 · United States Court of Federal Claims · Jul 19, 2013

The Tucker Act waives sovereign immunity and grants jurisdiction, but it does not create a substantive cause of action. Jan’s Helicopter Serv., Inc. v. F.A.A., 525 F.3d 1299, 1305–06 (Fed. Cir. 2008). … Similarly, plaintiff seeks to establish Tucker Act jurisdiction over a claim to recover taxes.

DeCleene v. Commissioner

115 T.C. 457 · United States Tax Court · Nov 17, 2000

However, on audit of petitioners’ return, an adjusted basis of $61,331 had been established. … Clearly, the Lawrence Drive property, in both its unimproved and improved states, and the McDonald Street property were like-kind properties within the meaning of sec. 1031(a).

Richard Heller v. Denis McDonough

United States Court of Appeals for Veterans Claims · Nov 21, 2024

Hoping to qualify based on serious illness, he submitted much evidence showing his difficulties with suicidal ideation. … But see Dojaquez, 35 Vet.App. at 432, n.7 (recognizing that, when the Board determines that a claimant has not established a certain status, and the claimant thus cannot establish entitlement to the claimed benefit, such

Carman v. United States

602 F.2d 946 · United States Court of Claims · Jul 18, 1979

The resolution of plaintiffs sick leave claim and the granting of the necessary relief are clearly within our mandate if a proper nexus exists between the back pay claim and the sick leave claim. … App. § 459 (1970), a person who has left a position with the Federal Government, upon returning from service with the Armed Forces, shall "if still qualified to perform the duties of such position, be restored to such position

Fort Sill Associates v. United States

183 Ct. Cl. 301 · United States Court of Claims · Mar 15, 1968

Cl. 768 , 381 F. 2d 403 (1967), pointed out that to qualify as a changed condition, the unknown physical condition must be one that could not be reasonably anticipated by the contractor from his study of the contract documents … After the excavation, the entire excavated area clearly became a fill area within the meaning of the specifications.

C. Blake McDowell, Inc. v. Commissioner

67 T.C. 1043 · United States Tax Court · Mar 30, 1977

income in excess of earnings and profits meant that such corporation could not mitigate its personal holding company tax liability by making distributions if such distributions exceeded earnings and profits and did not qualify … Nothing in the legislative history indicates that sections 316 and 301 should be accorded an interpretation which would establish an entirely new measuring rod.

GRAVES

19 I. & N. Dec. 337 · Board of Immigration Appeals · Jul 1, 1985

Fleuti, 374 U.S. 449 (1963), cannot be extended to statu- tory schemes which include a rcoplirenacnt of uninterrupted or continuous physi- cal presence. (3) An applicant's failure to establish that he or she has been … PRESENCE REQUIREMENT Although the published legislative history of this provision does not offer any specific information touching on this issue, the evolu- tion of section 316(b) and its predecessors indicates quite clearly

Refaat v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 15, 2026

In order to qualify for a Table presumption of causation for GBS, a petitioner must establish that she experienced the onset of her symptoms within 3-42 days of the subject flu vaccination, and that she satisfies the criteria … of the petitioner’s immune system that led to a rapid onset of GBS and thus a 1-day onset was appropriate); Shyface v.

Port Authority of the City of Saint Paul, a Public Corporation v. The United States

432 F.2d 455 · United States Court of Claims · Oct 16, 1970

On April 26, 1965, plaintiff requested a field survey to determine the extent of the damages to its facilities in order to qualify for Federal assistance under the Act. … wrong.” * * * In a number of eases this court has also held that it can invalidate such a regulation only if it clearly contradicts the terms or purposes of the statute.

Universal Foreign Service, Inc. v. United States

47 Cust. Ct. 183 · United States Customs Court · Dec 7, 1961

The evidence, in this case, consists of the testimony of the well-qualified chief engineer of the actual importer herein, Mr. … At the time of importation these superchargers, as the undisputed evidence clearly shows, are dedicated irrevocably for use upon automobiles.

Wrona v. United States

40 Fed. Cl. 784 · United States Court of Federal Claims · Apr 22, 1998

The Board found that Network 24’s appeal was “clearly untimely” as it was filed more than 30 days after the final determination was made in Husk’s February 28, 1989 letter. … “Only Congress can lengthen the time period for bringing suit against the United States____ The statute of limitations is an express limitation on the Tucker Act’s waiver of sovereign immunity.” Id. (citing Soriano v.