Case law

Mendenhall v. United States

36 Cont. Cas. Fed. 75,836 · United States Court of Claims · Mar 28, 1990

clearly the contracts at issue, to recite the amount of monetary compensation desired, or to invoke the CDA. … The amount of interest owed to a contractor who prevails in a CDA suit in this court is established in 41 U.S.C. § 611 .

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.

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.

Doncaster v. Commissioner

77 T.C. 334 · United States Tax Court · Aug 11, 1981

Moreover, there has never been a suggestion that a taxpayer is immune to default in the many other situations where the respondent has the burden of proof — where an increase in deficiency was asserted or a new issue raised … This language clearly appears to encompass the circumstances before us.

Castle v. United States

42 Fed. Cl. 859 · United States Court of Federal Claims · Feb 2, 1999

The only problem is that the Exam Report of the Office of Thrift Supervision (an agency, incidentally, that did not exist prior to the August 6, 1989 passage of FIRREA), clearly states otherwise. 1 Western Empire was clearly … Most relevantly, the contracting parties clearly did not think, or act, as if it did.

Hannon v. United States

31 Fed. Cl. 98 · United States Court of Federal Claims · Apr 18, 1994

decisions concerning admissibility of evidence, constitutional rights, search and seizure and related issues; the ability to recognize, develop and present evidence that reconstructs events, sequences, and time elements, and establishes … The third Quinault test seems to impose a somewhat stricter requirement that the common legal issues also should “override” any separate factual issues in the case, although the term “override” has not been clearly defined

Byrd v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 29, 2024

Whitton testified that he is not aware of any other vaccines that have been clearly shown to trigger GBS. Id. at 383. … LEGAL STANDARD The Vaccine Act was established to compensate vaccine-related injuries and deaths. § 10(a).

United States v. Oneida Nation of New York

576 F.2d 870 · United States Court of Claims · May 17, 1978

It seems apparent to me that in 1784 New York was intruding into a jurisdiction clearly demarked for the Congress, the making of war and the negotiation of peace. See Madison letter, finding 83. … New York, that perpetrated the wrong, has not waived sovereign immunity, nor the statute of limitations, nor can it be sued on moral grounds.

Buck Kreihs Company, Inc. v. The United States

427 F.2d 770 · United States Court of Claims · Jun 12, 1970

We are unable to reach this issue without overstepping our established jurisdictional boundaries. Our discussion below explains why plaintiff must seek relief elsewhere. … The court held clearly that such services were not performed pursuant to a maritime contract since at the time *775 of performance the ship was in “custodia legis” and hence withdrawn from navigation and commerce.

Sawyer v. United States

18 Cl. Ct. 860 · United States Court of Claims · Dec 1, 1989

A finding of misconduct due to voluntary intoxication may only be made, however, when: (a) [I]t can be clearly shown that the member’s physical or mental faculties were impaired; (b) the extent of impairment can be clearly … A blood alcohol level of that degree clearly establishes that the member’s physical or mental faculties were impaired. Additionally, it constitutes clear evidence as to the extent of the impairment.

Zang v. Brown

8 Vet. App. 246 · United States Court of Appeals for Veterans Claims · Oct 5, 1995

Application of Law to Facts The veteran has qualifying service for purposes of basic eligibility for VA non-service-connected pension under 38 U.S.C. § 1521 (a). … erroneous under 38 U.S.C. § 7261 (a)(4), and thus the presumption established by § 3.302 under Sheets v.

City of New York v. Commissioner

103 T.C. 481 · United States Tax Court · Oct 11, 1994

Section 103(a), however, is qualified by the exceptions contained in section 103(b). … Statutory Purpose It is well established that we may look to the legislative history of a statute where the statute is ambiguous. Texaco Inc. & Subs. v.