Case law

Capitol Boulevard Partners v. United States

39 Cont. Cas. Fed. 76,703 · United States Court of Federal Claims · Aug 26, 1994

Although such conduct was not found in Tree Farm, plaintiff maintains that such arbitrary conduct is clearly evident here. … However, the court finds that sovereign immunity has not been waived here.

Centralia Federal Sav. & Loan Asso. v. Commissioner

66 T.C. 599 · United States Tax Court · Jun 28, 1976

The intent to create and maintain a bad debt reserve was clearly present here (unlike Rio Grande, issue 3). … But in August 1965, the taxpayer for the first time established a “reserve for losses on qualifying real property loans.”

FERREIRA

16 I. & N. Dec. 494 · Board of Immigration Appeals · Jul 1, 1978

In order to support a claimed "sister" relationship under section 203(a)(5) of the Act, the petitioner must establish that she and the beneficiary once qualified as the "children" of a common "parent" as those terms are defined … Under section 101(b)(1)(A), 8 U.S.C. 1101(b)(1)(A), the petitioner, as the legitimate offspring of Antonio Vilaverde, clearly qualifies as his child within the meaning of the Act.

Central Produce Co. v. Commissioner

18 T.C. 267 · United States Tax Court · May 13, 1952

Black, Judge: Petitioner’s assignments of error do not identify very clearly what statutory grounds it relies upon for relief under section 722 of the Code. … Even if we assume that the change in transportation methods which petitioner put into effect in 1939 qualifies as a change under (i) above, it clearly does not qualify under (ii) above.

Beneficial Foundation, Inc. v. United States

8 Cl. Ct. 639 · United States Court of Claims · Aug 9, 1985

Quite clearly, the Service has drawn a relatively broad perimeter in describing the purposes a program may have and still satisfy subsection (g)(3). … establish that the purpose of its grant program is sufficiently narrow to meet the requirements of subsection (g)(3).

Estate of Davis v. Commissioner

86 T.C. 1156 · United States Tax Court · Jun 11, 1986

of [the trust] are qualified heirs.” … In this connection, we will focus primarily upon three of the will clauses: the 8th, which establishes a trust for decedent’s wife, Nancy (the marital trust); the 9th, which establishes a trust for decedent’s children (the

Tippett v. United States

98 Fed. Cl. 171 · United States Court of Federal Claims · Apr 15, 2011

See 28 U.S.C. § 2521 (b) (establishing the court’s power to punish contempt by fines). This power does not, however, contain a waiver of sovereign immunity. See Yancheng Baolong Biochemical Prods. Co. v. … Tippett has failed, however, to establish that this court has jurisdiction over his other claims.

Faup v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 6, 2020

“ha[d] clearly documented systemic-onset [juvenile rheumatoid arthritis] by history and laboratory findings,” confirming her sJIA diagnosis by Dr. Kimura. Id. at 2. 6 A.F. returned to see Dr. … Therefore, he said, “depending on what types of tests were done, and that’s a very important qualifier, the tests may turn out negative.” Id. at 223:14–16.

SOFFIC

22 I. & N. Dec. 158 · Board of Immigration Appeals · Jul 1, 1998

Section 203(b)(5)(A) of the Act provides classification to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise: (i) which the alien has established, ( … tax records, Form I-9, or other similar documents for ten (10) qualifying employees, if such employees have already been hired following the establishment of the new commercial enterprise; or (B) A copy of a comprehensive

360training.com, Inc. v. United States

111 Fed. Cl. 356 · United States Court of Federal Claims · Jun 7, 2013

As with any waiver of sovereign immunity, the statute must be strictly construed in favor of the Government. Id. … The Court has rejected fees pertaining to two categories of ASC-related fees: those which clearly pertain to the district court, and those which clearly pertain to the motion to dismiss.

David A. Andrews v. Denis McDonough

United States Court of Appeals for Veterans Claims · Jun 22, 2021

Andrews hepatitis C was "unknown" but was not related to his in-service immunizations because "air gun injections are not a risk factor" for the condition. R. at 490-91. … Andrews was exposed to air gun immunizations in service but there was "no direct correlation with hepatitis C." R. at 48. Additionally, the examiner noted that Mr.

Valerie Y. Smith v. Eric K. Shinseki

24 Vet. App. 40 · United States Court of Appeals for Veterans Claims · Aug 17, 2010

In the absence of such evidence, the period of active duty for training would not qualify as "active military, naval, or air service," and the appellant would not qualify as a "veteran" by virtue of the active duty for training … is not clearly erroneous.

Guzman v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 1, 2019

Axelrod did not demonstrate personal expertise in the study or treatment of vasculitis-oriented conditions, and certainly was less qualified to opine on such matters than Dr. … Petitioner has referenced reliable literature establishing that certain immune complexes can form in reaction to infection with a wild virus (see, e.g., Brown; Brozek), and that these same complexes may play a role in various

Bucci v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 29, 2019

But she testified that it has been clearly shown that the antibodies that are present on the platelets do not bind to the red cells and vice versa. Tr. 357. Dr. … Accordingly, I have concluded that the evidence of bystander activation is too speculative to establish a theory of vaccine causation in the face of the relatively defined theory of immune dysregulation in this case.

Katea D. Stitt, as Personal Representative of the Estate of Pamela Wanga Stitt v. Secretary of Health and Human Services

United States Court of Federal Claims · May 31, 2013

Raabe, agreed that the biological mechanism for GBS was some form of immune-mediated molecular mimicry. Tr. at 199. … But, contrary to this assertion, the medical records clearly indicate that a test was done for C. jejuni, the results of which were negative. Tr. at 224-25, referencing P’s Ex. 6 at 178.

Venturella v. Gober

10 Vet. App. 340 · United States Court of Appeals for Veterans Claims · Jul 15, 1997

. § 3.105 (a), and “service connection will be severed only where evidence establishes that it is clearly and unmistakably erroneous (the burden of proof being on the Government),” 38 C.F.R. § 3.105 (d), except where an award … that service connection was clearly illegal. 38 C.F.R. § 3.105 (emphasis added).

C-L-R

29 I. & N. Dec. 726 · Board of Immigration Appeals · May 4, 2026

The Immigration Judge appointed a qualified representative through the Executive Office for Immigration Review’s National Qualified Representative Program. … The Immigration Judge’s factual findings regarding the motive for the applicant’s past harm is not clearly erroneous.

Dynacraft Industries, Inc. v. United States

24 Ct. Int'l Trade 987 · United States Court of International Trade · Sep 8, 2000

Dynacraft qualified one statement, though, alleging that Customs acknowledged that 19 U.S.C. § 1677g(a) does not apply. Dynacraft misinterprets Customs meaning and actions. … “In the absence of express congressional consent to the award of interest separate from a general waiver of immunity to suit, the United States is immune from an interest award.” Library of Congress v.

Victory Carriers, Inc. v. United States

467 F.2d 1334 · United States Court of Claims · Oct 13, 1972

receive credit for sales and similar taxes or foreign taxes of any kind to the extent classifiable as vessel operating expense under said General Order No. 22, if the General Agent shall have used due diligence to secure immunity … It is well-established that an agent is responsible to his principal for the actions of a sub-agent in handling the affairs of the principal which have been entrusted to the sub-agent.

Blueport Co., LLP v. United States

76 Fed. Cl. 702 · United States Court of Federal Claims · May 7, 2007

by § 1498(b), which codifies a limited waiver of sovereign immunity for copyright infringement claims against the government and establishes this court as the exclusive forum to hear such claims. 28 U.S.C. § 1498 (b) (“[ … That same section clearly waives the sovereign immunity of the United States for copyright infringement suits, as was noted above. The provisos in § 1498(b) can viewed as conditions to that waiver.