Case law

Application of George E. Myers

410 F.2d 420 · Court of Customs and Patent Appeals · May 22, 1969

The record before us prima facie establishes that the terms used in the specification clearly teach those skilled in the metal slitting wheel or cutting wheel art how to practice appellant’s invention; thus, the specification … However, in the Graver Tank case, involving welding flux, the Supreme Court merely affirmed the District Court’s refusal to limit or qualify the claim terms “silicates” and “metallic silicates,” so as to mean only the nine

Begley v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 13, 2017

On rare occasions, if a person is seriously under-immunized, an excreted vaccine-virus can continue to circulate for an extended period of time. … Third, does his incarceration excuse a filing well past the deadlines established in the Act?

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

Wollman v. United States

116 Fed. Cl. 419 · United States Court of Federal Claims · Jun 5, 2014

Wollman was subsequently determined to be “medically qualified” and permitted to continue participation in ROTC. AR 163-64. • On June 12, 1996, Mr. … by a preponderance of the evidence that the disease was clearly neither incurred nor aggravated while serving on active duty. . . .

Siegel v. United States

148 Ct. Cl. 420 · United States Court of Claims · Jan 20, 1960

collapse, perforating ulcer, decompensating heart disease, coronary occlusion, or thrombosis or cerebral hemorrhage, occurring while in service will be regarded as service-incurred or service-aggravated, unless it can be clearly … collapse, perforating ulcer, decompensating heart disease, *440 coronary occlusion, or thrombosis or cerebral hemorrhage, occurring while in service will be regarded as service-incurred or service-aggravated, unless it can be clearly

Golden It, LLC. v. United States

United States Court of Federal Claims · Apr 25, 2023

The management plan had to “provide a clear chain of responsibility, quality control plan, cost control method, contract administration, and adequate, qualified staff resources.” Id. … The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process[,]” including “objections to an award[.]” Sys. Application & Techs., Inc. v.

Indian Head, Inc. v. United States

81 Cust. Ct. 14 · United States Customs Court · Aug 3, 1978

This testimony is unequivocal and clearly supports the Government’s position. [Emphasis added.] … Both of defendant’s witnesses were singularly qualified to speak on the subject of whether white is a color in relation to textiles, and their testimony is entitled to considerable weight, especially since plaintiff adduced

Silver Buckle Mines, Inc. v. United States

132 Fed. Cl. 77 · United States Court of Federal Claims · May 23, 2017

Adequacy In addition to establishing numerosity, commonality, and typicality, a putative class representative must establish that it will “fairly and adequately protect the interests of the class.” … Accordingly, there is no reason to doubt that plaintiff’s counsel is qualified, experienced, and able to conduct this litigation.

Brookshire v. Commissioner

31 T.C. 1157 · United States Tax Court · Mar 18, 1959

About 1940 an accounts receivable ledger was established as the partnership began to make credit sales on its own responsibility, in addition to earning commissions as an agent. … This agent is a certified public accountant and the petitioners concede that he is very well qualified. The petitioners did not present any testimony to the contrary.

American Satellite Co. v. United States

36 Cont. Cas. Fed. 75,884 · United States Court of Claims · Jun 26, 1990

The EPC was an advisory group established by the President in 1985. Membership was drawn primarily from cabinet officials. A NASA representative was a member of the EPC. … The Department of Defense was responsible for making the determinations as to which satellites had national security implications in order to qualify for a Shuttle launch. On January 26, 1989, Gordon A.

Graev v. Comm'r

147 T.C. No. 16 · United States Tax Court · Nov 30, 2016

Miller was a “qualified appraiser”, or whether the appraisal is a “qualified appraisal”. … Miller was a “qualified appraiser” or whether this appraisal is a “qualified appraisal”.

Roebling v. Commissioner

77 T.C. 30 · United States Tax Court · Jul 7, 1981

"To constitute a plan, the terms of the arrangement must be firm and fixed and the steps clearly integrated.” Benjamin v. Commissioner, supra at 1112. … Commissioner, 71 T.C. 692 , 704 n. 10 (1979), the Court left unresolved the question of whether under sec. 302(bXl) "the terms of the arrangement must be firm and fixed and the steps clearly integrated” in order for more

Goldstein v. United States

130 F. Supp. 330 · United States Court of Claims · Apr 5, 1955

The record of your case clearly indicates that you have been guilty of fraudulent enlistment. … The character of your discharge from the Army after completion of the above authorized enlistment shall be dependent upon the record you establish during that enlistment.

Miller v. United States

620 F.2d 812 · United States Court of Claims · Apr 16, 1980

Stimson, an Oregon corporation, was established in 1930. … The net Scribner volume seems clearly to apply to the net volume of the cut timber brought to the mill.

Renkemeyer, Campbell & Weaver, LLP v. Commissioner

136 T.C. 137 · United States Tax Court · Feb 9, 2011

Campbell’s and Weaver’s distributive shares of the law firm’s business income qualify for the section 1402(a)(13) exception. … On the other hand, limited partners lack management powers but enjoy immunity from liability for debts of the partnership. 1

Doe/11 ex rel. Estate of Child/Doe/11 v. Secretary of the Dept. of Health & Human Services

87 Fed. Cl. 1 · United States Court of Federal Claims · May 7, 2009

Levin, that a vaccination induces a cytokine response from the immune system to counter the antigens released by the vaccination, she noted that only in rare cases does a cytokine storm occur. Id. at 251-53. … Petitioners argue that the 25-ineh measurement is “clearly wrong” because it would have required Monica’s pediatrician “to be wrong by 3 and 1/4 inches,” and would have required her to grow at the rate of “3/4 of an inch

Can Softtech, Inc v. United States

United States Court of Federal Claims · Jul 29, 2025

o RFQ 3.3 Evaluation Factor 2 – Management & Staffing Approach: Clearly establish the certification requirements throughout this factor 13 … o RFQ 3.4.2, Past Performance Recency: Incorporate a subfactor criteria to clearly establish the distinction between other past performance subfactors ergo the contractor can clearly

Brinkman v. United States

United States Court of Federal Claims · Feb 17, 2022

corporation, or part thereof, or part of an independent establishment.” § 104. … The annual cap applies despite any perceived unfairness in its application because “[a] cap on premium pay, by definition, prevents individuals from earning premium pay for certain hours that would have otherwise qualified

J. E. Bernard & Co. v. United States

63 Cust. Ct. 390 · United States Customs Court · Nov 14, 1969

The only thing they establish with certainty is that similar articles must be alike in some respects and different in others. … The articles in issue being similar to those articles mentioned in the heading to item 708.45, they qualify for classification thereunder.

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