Case law

Legacy Corporation of Illinois v. United States

United States Court of Federal Claims · Dec 4, 2024

See FAR 9.104-1 (listing standards for a prospective contractor to qualify as “responsible”); FAR 19.602-1(a), (b) (upon determining and documenting that an apparent successful small business offeror lacks certain elements … Even if briefly discussed, the record clearly shows the COC Review Committee did in fact consider the corrective actions that Legacy insists were ignored.

Gulfstream Aerospace Corp. v. United States

21 Ct. Int'l Trade 1083 · United States Court of International Trade · Sep 19, 1997

Supreme Court to establish whether collateral estoppel is available between the parties. … The record clearly demonstrates a complete absence of bad purpose or evil motive on the part of Gulfstream.

Estate of Jayne v. Commissioner

61 T.C. 744 · United States Tax Court · Mar 14, 1974

He also established a “construction” account in a bank in the amount of approximately $50,000. … That decision clearly recognizes that an executor has the duty of carrying forward the wishes of a deceased taxpayer as expressed in his will for the benefit of the estate.

Mid Continent Nail Corporation v. United States

712 F. Supp. 2d 1370 · United States Court of International Trade · May 4, 2010

The plaintiffs argue that these examples clearly illustrate “targeted dumping” under 19 U.S.C. § 1677f-1(d)(B)(i), but would not be classified as such under Commerce’s test. (Id. at 32.) … Furthermore, plaintiff has done nothing to attempt to establish that on this record the five percent requirement is unreasonably high.

Boruski v. United States

155 F. Supp. 320 · United States Court of Claims · Oct 9, 1957

We hold, therefore, that the honorable discharge, insofar as this court is concerned, in light of the Judge Advocate General’s explicit and clearly written opinion should have been made effective as of the date of that opinion … For an officer to qualify for flight pay it is imperative that he participate in aerial flight, 37 U.S.C.A. § 235 (1952 Ed., Supp. IV), formerly 37 U.S.C. § 118 (1946 Ed.).

United States v. Rotberg & Krieger

24 C.C.P.A. 441 · Court of Customs and Patent Appeals · Mar 22, 1937

rule, this court will not reverse a finding of fact by the trial court unless it appear to be clearly against the weight of the evidence. … Four of the witnesses called on behalf of importer qualified as being familiar with that processing of the skins which takes place in China.

American Export Isbrandtsen Lines, Inc. v. United States

499 F.2d 552 · United States Court of Claims · Jun 19, 1974

Sailings had to be approved by the United States before they were eligible for subsidy and some voyages simply did not qualify. … That is, it provides the board with sufficient authority to reject an operator’s request for subsidy for an expense clearly beyond the ken of a subsidy contract.

Johnson v. Brown

9 Vet. App. 369 · United States Court of Appeals for Veterans Claims · Sep 5, 1996

(2) who is eligible for a pension under subchapter III of chapter 15 of title 38, United States Code, or section 9(b) of the Veterans’ Pension Act of 1959 ( 73 Stat. 436 ); and (3) whose annual income, as determined in establishing … No. 92-425 ) was to provide a certain minimum level of income to qualifying widows and that this income would be in addition to payments from VA. The appellant notes that Rep.

Erika, Inc. v. United States

634 F.2d 580 · United States Court of Claims · Oct 22, 1980

Defendant is likely to abandon here any but pro forma insistence on jurisdictional objections when we have once established a precedent in favor of our own jurisdiction. … It, and the Lincoln quote that decorates our lobby, should never be reproduced without a qualifying reference to the doctrine of strict construction of the consent to be sued, and a tolling of the bell for all the litigants

Cuyahoga Metropolitan Housing Authority v. United States

65 Fed. Cl. 534 · United States Court of Federal Claims · Jun 2, 2005

“First, a party’s later position must be ‘clearly inconsistent’ with its earlier position.” Id. … But is defendant’s position in the case sub judice “clearly inconsistent” with its earlier positions?

Zuniga v. United States

16 Ct. Int'l Trade 459 · United States Court of International Trade · Jun 12, 1992

At trial, plaintiffs contended that the merchandise was substantially transformed into at least one intermediate product during the operations, and therefore qualified for GSP duty-free treatment. … Accordingly, the court determines that casting slip remained clearly recognizable as a simple blend of its dry ingredients, and was not a substantially transformed “new and different” article.

Hotel Enterprises v. Porter

157 F.2d 690 · Emergency Court of Appeals · Sep 12, 1946

However, we are here concerned with a state of facts calling for the application of other regulatory provisions which qualify to some extent the rule as stated in the Mandelman case. … In the rent regulation which we are considering, rents of a certain type-are established with the same force and’ authority by virtue of orders (Section 4(g) and (h)) as other rents are established by the regulation itself

BRIONES

24 I. & N. Dec. 355 · Board of Immigration Appeals · Jul 1, 2007

Matter of Torres-Garcia, supra, at 873-76.5 Having established that the respondent is inadmissible and removable as charged, we now turn to the question whether he is eligible for adjustment of status under section 245(i) … This language clearly reflects that Congress was concerned with recidivists, not first-time immigration violators. INS v.

Adams v. United States

42 Fed. Cl. 463 · United States Court of Federal Claims · Oct 30, 1998

The 1992 legislation applied to all section 515 owners and established uniform restrictions on any right to prepay. … The legislative history relevant to the ease at bar clearly shows that Congress was concerned with contracts that contained prepayment option terms.

Wright v. United States

53 Fed. Cl. 466 · United States Court of Federal Claims · Aug 28, 2002

The opinion testimony of qualified experts. 15. … With respect to factor 4, the Court examines the licensor’s established policy and marketing program to maintain his patent monopoly. This factor clearly works against Plaintiff.

Kaw Nation of Oklahoma v. United States

103 Fed. Cl. 613 · United States Court of Federal Claims · Feb 29, 2012

Sisk, “Yesterday and Today: Of Indians, Breach of Trust, Money, and Sovereign Immunity,” 39 Tulsa L.Rev. 313, 316-17, 320 (2003). … After all, as a counterbalance to the notion that waivers of sovereign immunity should be narrowly construed, it is well-established that courts are “vested with a ‘virtually unflagging obligation’ to exercise the jurisdiction

Richard C. Raugust v. Eric K. Shinseki

23 Vet. App. 475 · United States Court of Appeals for Veterans Claims · Jun 11, 2010

Raugust also asserts that the 24-month service minimum to qualify for VA medical benefits is unconstitutional, as it violates the Fifth Amendment's Equal Protection Clause. Appellant's Br. at 10-11. … Raugust has not established that this finding was clearly erroneous. See Hilkert v. West, 12 Vet.App. 145, 151 (1999) (en banc) (holding that appellant has the burden of demonstrating error). Although Mr.

Fiske v. Commissioner

44 B.T.A. 227 · United States Board of Tax Appeals · Apr 23, 1941

He had an established place of abode or residence in France for a number of years before, during, and after 1936. … Clearly, he never resided there and had no intention to reside there.

Quinton v. States States

64 Fed. Cl. 118 · United States Court of Federal Claims · Feb 8, 2005

Promotions to Captain in the Coast Guard are made on a “best qualified” basis. 14 U.S.C. § 259 (a) (2000); id. at § 260(b). … contrary to law, or unsupported by substantial evidence, and unless he did so by ‘cogent and clearly convincing evidence.’”

Federation Pharmacy Services, Inc. v. Commissioner

72 T.C. 687 · United States Tax Court · Jul 26, 1979

I believe that the establishment and maintenance of petitioner’s pharmacy likewise promotes health. … Clearly their sale promotes health. The majority, however, suggests that petitioner’s activities do not promote health sufficiently to constitute a charitable purpose.