Case law

BACON v. United States

United States Court of Federal Claims · Jan 27, 2025

DISCUSSION To establish a Fifth Amendment taking, a plaintiff must possess a protectable property interest in the subject of the taking. Palmyra Pac. Seafoods, L.L.C. v. United States, 561 F.3d 1361, 1364 (Fed. … App. 1984) (holding that language stating “to have and to hold the same together with all singular rights, immunities, privileges and appurtenances to the same” conveys a fee simple interest).

Kansas City S. R. Co. v. Commissioner

76 T.C. 1067 · United States Tax Court · Jun 30, 1981

While neither of the cases states a rule of general application regarding the depreciability of grading, they clearly stand as precedent for the proposition that statistical methods can properly be used to establish the useful … The uncontroverted evidence proffered by petitioner clearly established that Railway’s and L & A’s grading has no salvage value upon retirement.

United States v. Eggen

57 Cust. Ct. 736 · United States Customs Court · Aug 29, 1966

Two qualified witnesses testified that the type of decalcomanias for export to the United States was made exclusively for export to the United States and was not sold in Germany for export. … Groh clearly establishes the restriction of sales by GMK of inch-size bearings to the United States.

Sharp v. United States

80 Fed. Cl. 422 · United States Court of Federal Claims · Feb 11, 2008

Service members do not pay any premiums as a condition of participating in DIC; payments to the survivors of qualifying service members are automatic. Id. … “The Tucker Act itself does not create a substantive cause of action; in order to come within the jurisdictional reach and the waiver of [sovereign immunity effected by] the Tucker Act, a plaintiff must identify a separate

Henley v. Secretary of Health and Human Services

United States Court of Federal Claims · May 20, 2024

Accordingly, petitioner has established Prong II. c. … The authors noted that it “could be a mere coincidence”, but “such strict time succession is clearly suspicious.” Id. at 2.

Roberson v. Principi

17 Vet. App. 135 · United States Court of Appeals for Veterans Claims · Jun 3, 2003

Judicial review of federal agency actions was initiated in 1946 by the enactment of the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706, and formalized in 1976 when Congress waived sovereign immunity and permitted … Or Congress could adopt the Title VII or the CDA model and either require the district courts to adjudicate veterans claims or, to the same purpose, establish a new trial court or exponentially expand this Court, its judges

Harmonia Holdings Group, LLC v. United States

132 Fed. Cl. 129 · United States Court of Federal Claims · May 23, 2017

Your price portion must clearly identify your basis of estimate for the entire period of performance for this effort. AR 32. … Because Plaintiff was a qualified offeror in the competitive range under the original RFQ and filed a protest challenging the amended RFQ prior to the close of bidding, Plaintiff qualifies as a prospective offeror.

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.

Schlesinger v. United States

1 Ct. Cl. 16 · United States Court of Claims · Oct 15, 1863

It is clearly compulsory. … This case establishes a principle on which the former Court of Claims always stood divided.

Vargas-Gonzalez v. West

12 Vet. App. 321 · United States Court of Appeals for Veterans Claims · Apr 12, 1999

In the instant case, the veteran’s claim for pension is well grounded because he has qualifying wartime service (R. at 17), he has completed the VA pension application as to his income (R. at 426-28), he may have the requisite … The appellant requests that the Court establish a schedule for the Secretary to complete development and readjudieation on remand in accordance with section 302 of the Veterans’ Benefits Improvements Act (VBIA), Pub.L.

Application of Robert Joly and Julien Warnant

376 F.2d 906 · Court of Customs and Patent Appeals · Apr 10, 1967

By adopting the qualifying adjectives found in the Manson dictum, while ignoring the factual basis upon which this case arises, the effect of the majority opinion is to qualify the meaning of the term “useful” in 35 U.S.C … This seems to me to meet all the requirements for establishing a section 101 utility.

Max Littwitz, Inc. v. United States

3 Cust. Ct. 123 · United States Customs Court · Oct 3, 1939

Two well-qualified witnesses testified for the defendant in this case. … If the application of the cord to the shadow lace in the Caesar case which produced Alengon lace was, as held by this and the appellate court, embroidery, and not lace making, then it clearly appears that the application

Alliance of Descendants of Texas Land Grants v. United States

27 Fed. Cl. 837 · United States Court of Federal Claims · Mar 26, 1993

The cases before the court are clearly distinguishable from these cited cases on the facts pleaded in plaintiffs’ complaints. Third, plaintiffs suggest that the U.S. … That there was an unconstitutional taking had already been established.

Sandra K. Hupp v. R. James Nicholson

21 Vet. App. 342 · United States Court of Appeals for Veterans Claims · Jul 18, 2007

Thus, Dingess is clearly distinguishable from the present matter. … However, where service connection has not been previously established, the DIC claimant must first establish service connection for the cause of the veteran’s death.

Acadiana Management Group, LLC v. United States

United States Court of Federal Claims · Nov 30, 2020

The Tucker Act “waives the Government’s sovereign immunity for those actions.” See Fisher, 402 F.3d at 1172. … The statute at issue here, 28 U.S.C. § 1930, is clearly a fee authorizing statute and plaintiffs have alleged an illegal exaction claim based on the fees they paid pursuant to the statute.

Biddle v. United States

186 Ct. Cl. 87 · United States Court of Claims · Dec 13, 1968

The review and a determination therefrom is the prerogative of the board based on qualified information in official records. [Emphasis supplied.] * * % * 6. … The regulations established no rules to guide the ADB in entertaining requests for reconsideration.

O. B. M., Inc. v. Commissioner

52 T.C. 619 · United States Tax Court · Jul 7, 1969

These liabilities totaled $7,950, and it had assets the value of which were ascertained to be worth at least $8,100 — clearly an amount sufficient to cover its liabilities. … In our opinion, a taxpayer who is seeking to qualify for the tax benefit of section 337 must establish more diligence in attempting to meet the requirements of the section.

Constitutionality of Inspector General Legislation

Department of Justice Office of Legal Counsel · Feb 21, 1977

Suggested Modifications We believe that the constitutional problems raised by the proposed legislation could only be cured through modification that would clearly establish the Inspector General as an executive officer … In our opinion, the only means by which this bill could be rendered constitutional would be to modify it so as clearly to establish the Inspector General as an executive officer subject to the supervision of the agency head

Beard v. United States

99 Fed. Cl. 147 · United States Court of Federal Claims · May 6, 2011

and [the plaintiff] does not also need to establish traditional equitable principles.” … Beard argues that she has established the equitable requirements for the issuance of an injunction. Id. at 8.

Fee v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 10, 2026

DeAngelo stated that haptenation “is a well-established mechanism whereby a non-immunogenic drug or 33 Yahel Segal & Yehuda Shoenfeld, Vaccine-Induced Autoimmunity: The Role of Molecular Mimicry and Immune Crossreaction … Accordingly, he opined Petitioner’s URI “clearly falls within the window to cause her GBS.” Id. 7. Dr. DeAngelo’s Third Supplemental Report Dr. DeAngelo first addressed Dr.