Case law

Arrowhead Metals, Ltd. v. United States

33 Cont. Cas. Fed. 74,026 · United States Court of Claims · Sep 19, 1985

Such stated views clearly establish that plaintiff’s claim of bad faith on the part of Mint officials is unfounded. *713 Plaintiff makes much of the fact that the cancellation took place after the bids were opened. … Such a policy determination “is clearly in the Government’s interest.”

Standard Oil Co. v. Commissioner

77 T.C. 349 · United States Tax Court · Aug 12, 1981

The templets were clearly designed to be salvaged as a unit and were reusable. … Clearly we must draw a line. Thus, the salvage value concept.

Suel v. Secretary of Department of Health & Human Servies

31 Fed. Cl. 1 · United States Court of Federal Claims · Dec 21, 1993

other seizures, as well as those known to have TS, because “immunizations with DPT have been reported to precede the onset of infantile spasms,” and repetitive seizures influence the outcome of the disorder. … An abuse of discretion by a finder of fact occurs when (1) the court’s decision is clearly unreasonable, arbitrary or fanciful, (2) the decision is based on an erroneous conclusion of law, (3) the court’s findings are clearly

P.S. v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 4, 2023

Special Master Hastings explained that the policy considerations underlying the scheme for awarding of attorneys’ fees and costs was to give petitioners the ability to obtain qualified assistance from counsel, citing to the … However, controlling case law requires petitioners moving under RCFC 60(b) to establish “extraordinary circumstances.”7 Ortiz-Mutilitis, No. 03-0059V, 2012 WL 3902472, at *2 (citing Ackerman v.

Talley v. Derwinski

2 Vet. App. 282 · United States Court of Appeals for Veterans Claims · Apr 6, 1992

Section 4.15 of the regulations, in establishing general policies for determining total disability ratings (for both service-connected-disability compensation and non-service-connected-disability pension purposes) establishes … If this objective standard is met, pension entitlement is established.

Correira v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 8, 2025

Regarding bystander activation, he observes that the normal immune state incudes auto- reactive cells that are suppressed by immune tolerance, thereby preventing autoimmune 3 The Institute of Medicine (known as the National … Bystander activation occurs when infection or immunization stimulate the immune system in such a way as to overcome that immune tolerance. Id. In petitioner's case, Dr.

Cote v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 1, 2026

However, even setting that risk factor aside, he clearly agrees that infection can trigger RA. (Id. … (stating that “many studies clearly show that the induction of autoimmunity and RA in humans often requires an environmental trigger, such as infection or immunization”).)

Brandt v. United States

102 Fed. Cl. 72 · United States Court of Federal Claims · Nov 30, 2011

Plaintiffs bear the burden of establishing the court’s subject matter jurisdiction by a preponderance of the evidence. See Barrett v. Nicholson, 466 F.3d 1038, 1041 (Fed.Cir.2006) (citing, inter alia, McNutt v. Gen. … In Vero, ”[t]he court acknowledge^] that if jurisdiction is clearly not available in the first court in which a plaintiff files, then application of section 1500 by the [United States Court of Federal Claims (Court of Federal

United States v. May Department Stores Co.

15 Ct. Cust. 46 · Court of Customs and Patent Appeals · Apr 16, 1927

The greater specificity of the bead provision is also established by the further fact that it includes all kinds and shapes thereof. … Congress clearly has not contemplated any such distinction.

Tecom, Inc. v. United States

66 Fed. Cl. 736 · United States Court of Federal Claims · Jun 27, 2005

And in the closely-analogous circumstance of state or local officials accused of violating civil rights under color of law — cases in which improper intent is an issue and qualified immunity applies — the Supreme Court rejected … The Court on occasion would state conclusions such as that “the facts clearly established by the greater weight of the credible evidence of record” favored the contractor. Needles v.

Davis Products, Inc. v. United States

70 Cust. Ct. 87 · United States Customs Court · Mar 12, 1973

The judge presiding at the trial stated that the witness was not qualified as an expert chemist. … Clearly, the present paragraph 1539(b) necessarily leads to illogical and anomalous results.

S. J. Charia & Co. v. The United States

248 F.2d 124 · Court of Customs and Patent Appeals · Jun 21, 1956

There was no vacancy on the Second Division and so far as the record discloses all three judges who had been duly assigned to the Second Division were fully qualified to hear and determine the case. … Nugent, 6 Cir., 100 F.2d 215 , cited by appellant is clearly distinguishable from the case at bar. In that case there were involved the requirements of the Tucker Act and the discussion is wholly inapplicable here.

Byrd v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 22, 2019

His petition included six pages of undesignated exhibits:* an “Immunization Administration Record” from Giant Eagle Pharmacy dated October 1, 2015, showing that Mr. … are clearly erroneous ot without rational support in the record.

SANCHEZ AND ESCOBAR

19 I. & N. Dec. 276 · Board of Immigration Appeals · Jul 1, 1985

So a country can be exceedingly dangerous and perilous for human beings and in no case would that qualify the people leaving that country as refugees under U.S. law. … The record clearly shows that the immigration judge permitted the respondents every opportunity to fully present their asylum claims. If he erred, he did. so in their favor.

Ralcon, Inc. v. United States

34 Cont. Cas. Fed. 75,377 · United States Court of Claims · Sep 29, 1987

for him a defense to a claim, which claim the government can only establish judicially in some other court.” … We therefore conclude that the language in § 1491(a)(2) is sufficiently express to waive the sovereign immunity of the United States to suits for declaratory relief by a contractor appealing a contracting officer’s demand

Trans-Oceanic Fisheries, Inc. v. United States

33 Cust. Ct. 420 · United States Customs Court · Nov 10, 1954

The testimony of plaintiff’s witness to the effect that the “nape bone,” here in controversy, is a part of the head of the fish was subsequently qualified by him on cross-examination. … Quite clearly plaintiff failed to establish the proposition set forth by its counsel at the opening of the case, i. e., that the nape portion of the fish which was removed was part of the head.

Underwriters' Laboratories, Inc. v. Commissioner

46 B.T.A. 464 · United States Board of Tax Appeals · Feb 26, 1942

The petitioner argues that the term “charitable” clearly comprehends the establishment and maintenance of its pension and disability fund. … Furthermore, this fund was not established by petitioner. It was established by the Illinois company.

Tom J. Kearns, Jr., Administrator of the Estate of Oscar Eugene Kearns, Deceased v. The United States

399 F.2d 226 · United States Court of Claims · Jul 17, 1968

Plaintiff is the decedent’s grandson and is the duly qualified administrator of his estate. … On this question, the facts of the ease as illustrated by the terms of the policy govern and establish the retention of key incidents of ownership by decedent, whatever his intention.

Cheshire v. Commissioner

115 T.C. 183 · United States Tax Court · Aug 30, 2000

This subparagraph shall not apply where the individual with actual knowledge establishes that such individual signed the return under duress. … In this context, "item" clearly signifies the item of omitted income, not the underlying event or transaction. The majority opinion harmonizes with the legislative history.

Whether the Office of Administration Is an "Agency" for Purposes of the Freedom of Information Act

Department of Justice Office of Legal Counsel · Aug 21, 2007

There are separate offices, each responsible for a particular geographic region or functional area, with clearly established lines of authority both among and within the offices. 1 In … Circuit has explained, however, “while a definite structure may be a prerequisite to qualify as an establishment within the executive branch . . . not every establishment is an agency under the FOIA.”