Case law

Professional Analysis, Inc. v. United States

United States Court of Federal Claims · Jun 3, 2025

Offerors are to clearly detail any exceptions taken and the rationale for the exceptions taken to the solicitation. … CACI’s proposal contained reservations and assumptions, though MSC found that none qualified as an “exception” to the Solicitation’s terms.

Zainulabeddin v. United States

United States Court of Federal Claims · Jun 20, 2018

"The United States, as sovereign, is immune from suit save as it consents to be sued." United States v. Sherwood, 312 U.S. 584, 586 (1941). … Zainulabeddin' s regulatory takings claim, she has failed to establish a plausible claim for relief.

H.B. Zachry Co. v. United States

471 F.2d 1392 · United States Court of Claims · Jan 18, 1973

Once a qualified renegotiation 4 has occurred and repayment is made, a taxpayer must recompute a prior year’s tax in order to determine the amount to be paid in the repayment year. … Clearly, this means -that in computing his tax liability for the year in which the repayment is made, the taxpayer shall not *415 include the amount of .the repayment.

Mohawk Iron & Steel Co. v. United States

30 Cust. Ct. 274 · United States Customs Court · Jun 17, 1953

Taranger Corp., importer of aluminum in all forms, and the Chelsea Aluminum Corp., a warehouse distributor, which he described as a company or group “that maintain an established warehouse at an established location at which … He explained bis duties in, tbe following words — • To .qualify, in the first place it is an engineering problem.

Canadian Wheat Board v. United States

580 F. Supp. 2d 1350 · United States Court of International Trade · Oct 20, 2008

In order to establish Article III standing, the Governments of Canada would have to establish an injury-in-fact such that they could bring suit on their own——without CWB’s involvement. See Hui Yu v. U.S. … Nevertheless, it is apparent that, jurisdiction having been established under § 1581, sovereign immunity has been waived. See Humane Soc’y of the U.S. v. Clinton, 236 F.3d 1320, 1328 (Fed.

Sutherland v. Commissioner

81 T.C.M. 1001 · United States Tax Court · Jan 19, 2001

Carlton, supra at 33: “[a taxpayer’s] reliance alone is insufficient to establish a constitutional violation. … Since no citizen enjoys immunity from that burden, its retroactive imposition does not necessarily infringe due process * * *. Welch v.

Meyer v. United States

121 F. Supp. 898 · United States Court of Claims · Jun 8, 1954

The plaintiffs further claim that the transfer in 1931 was for a business purpose and was brought about by a business exigency and therefore this principle, established in Gregory v. … Plaintiffs contend that the old corporation was not insolvent in the bankruptcy sense, but this position is clearly not supported by the evidence.

Leleux v. Commissioner

54 T.C. 408 · United States Tax Court · Mar 5, 1970

Section 302(d) provides that redemp-tions which fail to qualify as exchanges will be treated as a distribution of property to which section 301 applies. Dividends are included m gross income under section 301 (c) (1). … In short, the Steps of the plan must be clearly integrated. Jackson Howell, supra. We have found that the petitioner in the instant case has failed to prove the existence of such a plan.

Hartwig v. United States

485 F.2d 615 · United States Court of Claims · Oct 17, 1973

The law in this area is of vintage development, resulting in the establishment of certain well-defined principles. … Nebraska officials were unable to certify this flood as creating a disaster area qualifying for state funds.

Timex V.I., Inc. v. United States

969 F. Supp. 1345 · United States Court of International Trade · Jun 30, 1997

“When the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order. … Timex thus did not qualify as a producer entitled to a PIC in 1996. The Secretaries decision to affirm the Director’s denial of Timex’ request for a PIC will therefore be sustained.

Moreau v. Brown

9 Vet. App. 389 · United States Court of Appeals for Veterans Claims · Sep 12, 1996

link, established by medical evidence, between current symptomatology and the claimed in[-]service stressor. … Reviewing.this conclusion under the “clearly erroneous” standard, see Gilbert v.

Correira v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 3, 2025

Cl. 681, 700 (“[A] special master must clearly articulate its reasons for its conclusions.”). … Schonberger et al., Guillain Barre Syndrome Following Vaccination in the National Influenza Immunization Program, United States, 1976-1977, 110 Am. J.

Michelin Tire Corp. v. United States

469 F. Supp. 270 · United States Customs Court · Jun 25, 1979

In the view of the Bush decision this indicated an intention to make the President’s judgment and the underlying facts immune from judicial scrutiny. … When it does have jurisdiction the statutory scheme clearly provides for the trial of all relevant issues without distinction between them.

Jones v. United States

118 Fed. Cl. 728 · United States Court of Federal Claims · Oct 20, 2014

The Federal Circuit found that “the word ‘employee’ clearly includes those who work part time,” and therefore OPM’s regulations were inconsistent with the plain meaning of the statute. Id. … In these administrative claims, the burden of proof was placed on the employee to establish and prove through documentation that he or she was a part-time worker who qualified for Sunday premium pay and had not received the

Doninger Metal Products, Corp. v. United States

50 Fed. Cl. 110 · United States Court of Federal Claims · Jul 31, 2001

The Plan clearly states that the Committee “may have the Debtor bring the claim against the USPS” if the Committee elects to do so. … Defendant, however, does assert that the plaintiff utterly fails to establish that the originals were made available to the United States during this de novo proceeding, nor is it able to affirmatively establish that the

American Heritage Bancorp v. United States

53 Fed. Cl. 723 · United States Court of Federal Claims · Sep 11, 2002

The original Section (d)(11) clearly did not establish a “super-priority” for the claim of the FDIC based on payments to insured depositors. … 855 F.2d 1573, 1576-77 (Fed.Cir.1988) (“The 6-year statute of limitations on actions against the United States is a jurisdictional requirement attached by Congress as a condition of the government’s waiver of sovereign immunity

Duncan v. Honorable Theis

613 F.2d 305 · Temporary Emergency Court of Appeals · Dec 27, 1979

In sum, the present situation is that the consistency of Ruling 1974-29 with the APA has been finally established and, in connection with the ruling on the issue before the court and particularly in dealing with the question … The regulation contained in 10 C.F.R. § 210.32 (b) described the phrase “average daily production” to be the average daily production computed by dividing: “the qualified maximum total production of crude oil . . . produced

Milford Memorial Hospital, Inc. v. United States

675 F.2d 270 · United States Court of Claims · Mar 10, 1982

By our view, such silence would presumptively establish the grant *82 was unrestricted and a heavy burden would rest on anyone contending otherwise. … The hospital clearly did correctly say at all times that it was the unrestricted owner of the money, even though the grounds it said it relied on for saying so were not factually established.

Lustre Fibers, Inc. v. United States

31 Cust. Ct. 318 · United States Customs Court · Dec 3, 1953

The record establishes that the entry here involved was liquidated on August 15, 1950, and that the protest was not filed until October 16, 1950. … That is the reason I qualified it, in my opinion. X Q. It could be staple? — A. Yes.

Shore v. United States

164 F. Supp. 241 · United States Court of Claims · Jul 16, 1958

Persons who limit their availability to specific locations cannot be considered unless qualified candidates prepared to accept assignment to any post *227 are not available. … Plaintiff does not allege that qualified candidates prepared to accept assignment to any post were not available.