Case law

San Antonio Housing Authority v. United States

United States Court of Federal Claims · Jun 11, 2019

in the manner appropriate to waivers of sovereign immunity.” … HUD regulations establish which units initially count as FCAS in the formula, and when those units no longer qualify (e.g., when they have been or could have been conveyed to homebuyers). 24 C.F.R. §§ 1000.312

Rhen v. United States

35 Cont. Cas. Fed. 75,672 · United States Court of Claims · Jun 2, 1989

He contended the contract work had not been completed on time because he had trouble locating qualified employees and also had problems with his subcontractors. … The contract project maps clearly delineated the project work areas and this delineation clearly excluded the roadways.

Summa Holdings, Inc. v. Comm'r

109 T.C.M. 1612 · United States Tax Court · Jun 29, 2015

Curci. 2 We may disregard a stipulation of fact when the stipulation is clearly contrary to facts disclosed by the record. Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989). … Respondent argues that simply labeling the payments DISC commissions does not immunize the payments from the application of substance over form principles.

Francis M. Fix v. The United States

368 F.2d 609 · United States Court of Claims · Nov 10, 1966

The administrators of a statute such as this have some leeway, and their implementing regulations should not be overturned unless clearly wrong. … It follows, we think, that plaintiffs’ additional pay for overtime could not legally exceed the maximum established by Congress for this type of irregular unscheduled overtime.

International Distributors, Inc. v. United States

57 Cust. Ct. 369 · United States Customs Court · Nov 16, 1966

His experience with shrimp fishing and the use of a net to obtain bait for his own sport fishing, would seem sufficient to qualify him to say this. … If in this case, the witness had stopped with what *374 be knew of tbe use of tbe articles in litigation in Louisiana and Mississippi, clearly, because of tbe narrow geographical scope, it would bave been insufficient to

Christensen Diamond Products Co. v. United States

54 Cust. Ct. 221 · United States Customs Court · Jun 3, 1965

It is clearly established in the record that synthetic diamond particles such as those imported herein are composed of diamond mineral, that these synthetic particles possess many chemical, mineralogical, and physical properties … Inasmuch as particle size appears to be the principal issue litigated between the parties, and the record clearly establishes that the imported merchandise is essentially similar to natural diamond dust in composition, function

Jones v. United States

50 Ct. Cl. 344 · United States Court of Claims · May 24, 1915

Cls., 113 , and Taylor, ibid, 155, in the latter of which cases (p. 160) it is said: “We are therefore of the opinion that the amendment (of June 7, 1900) was clearly intended to apply only to the commissioned officers in … The office of a proviso generally is either to except something from the enacting clause or to qualify or restrain its generality or to exclude some possible ground of misinterpretation of it as extending to cases not intended

Anoruo v. United States

United States Court of Federal Claims · Jan 29, 2018

Anoruo has not established jurisdiction of this Court because the statutes he cites are not money-mandating. … Clearly, Plaintiffs 5 right to a payment under the SLRP was never established and cannot be enforced by this Court.

Anderson v. U.S. Secretary of Agriculture

491 F. Supp. 2d 1305 · United States Court of International Trade · May 16, 2007

action, findings, and conclusions found to be– (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … Certainly, it is unfortunate that Plaintiff felt compelled to sell his fishing vessel; however, Plaintiff is not among the affected producers who qualify for monetary benefits.

GHARADAGHI

19 I. & N. Dec. 311 · Board of Immigration Appeals · Jul 1, 1985

He sought admission to the United States on July 27, 1984, but did not appear to be clearly admi s sible. At his hearing, the applicant conceded excludability under section 212(a)(20) of the Act. … The applicant has established a well-founded fear of perse- cution.

Oxy USA, Inc. v. United States

United States Court of Federal Claims · Nov 17, 2022

But while the Federal Circuit has not clearly categorized Anti-Assignment Act violations as a jurisdictional bar, it has discussed the Act’s impact on the waiver of sovereign immunity and privity of contract. … Rather, the Anti-Assignment Acts protect the government unless they are clearly waived, and silence can amount to waiver only when an ‘all the circumstances’ review indicates such a waiver.”)

G. v. Secretary of Health and Human Services

United States Court of Federal Claims · May 22, 2024

In contrast to the lack of any clinical indicators of injurious post-vaccination inflammation, the medical records very clearly establish not merely that petitioner had coincidental diabetes, but that his diabetes was not … Conclusion Petitioner has clearly suffered and he has my sympathy.

Ims Services, Inc. v. United States

40 Cont. Cas. Fed. 76,757 · United States Court of Federal Claims · Dec 12, 1994

Moreover, it also is well established that “[t]he United States, as sovereign, is immune from suit save as it consents to be sued, and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain … One of the circumstances for which this court clearly was given the ability to exercise equitable relief when it was created is the pre-award stage of a contract procurement.

Spectre Corporation v. United States

United States Court of Federal Claims · Jul 26, 2022

Legal Standard FRE 701 states “[i]f a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; (b) helpful to clearly … The court held “[i]f a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.” Id. at 267 (citation omitted).

People's Bank & Trust Co. v. United States

11 Cl. Ct. 554 · United States Court of Claims · Jan 21, 1987

It was necessary to establish both a definite offer and a definite acceptance. This, the plaintiff was able to establish. It is clearly established that in the telephone conversation of March 26, 1981, Mr. … The April 2, 1981 letter clearly spelled that out. Mr.

West 28th Street Corp. v. Commissioner

4 B.T.A. 147 · United States Board of Tax Appeals · Jun 21, 1926

The two qualifying shares originally issued on March 1, 1907, to Charles W. Hoffman and George F. Drew were assigned by them in blank on March 2, 1907. … The evidence clearly establishes the fact that the actual ownership of all stock in both corporations was in George A. Potterton and his brother, John H.

Werner G. Hood v. Eric K. Shinseki

23 Vet. App. 295 · United States Court of Appeals for Veterans Claims · Nov 25, 2009

Availability of the VAMC Report Although the Court has concluded that the Board clearly erred in relying on Dr. … The record is also devoid of any document put forth by the Secretary to prove that the VAMC investigation and report qualify as quality assurance activities.

Fluellen v. United States

44 Fed. Cl. 97 · United States Court of Federal Claims · Jun 23, 1999

To overturn a decision of the AFBCMR, the “plaintiff must show by cogent and clearly convincing evidence ... (1) a material legal error or injustice in the correction board proceeding and (2) an adequate nexus between the … In 1981, the DoD established policies for the conduct of promotion boards throughout the agency in Directive 1320.9.

Jose Ignacio Guisado Urbano

Trademark Trial and Appeal Board · May 12, 1999

Having said this, we find sufficient evidence properly in the record clearly indicating that there has been widespread publicity for the Olympic Games so that we can conclude that the Olympic Games are well known to the … presenting the Olympic Games may own trademarks in connection therewith does not negate the Section 2(a) refusal herein. 9 Serial No. 74/441,447 comprises the Olympic Games, as a whole, qualifies

J. M. Rodgers Co. v. United States

59 Cust. Ct. 91 · United States Customs Court · Aug 16, 1967

Jacob, qualified and accepted by defendant as an expert witness in the art of calendering, manufacturing and using synthetic resins, testified for plaintiff. He testified that: Calendering is like a woman rolling dough. … (R. 22.) * * * It clearly excludes in my mind any plastic material, any synthetic material, any synthetic resin that can exist on its own without any adventitious material there by design or by accident, with complete integrity