Case law

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

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

Williams Alaska Petroleum, Inc. v. United States

57 Fed. Cl. 789 · United States Court of Federal Claims · Oct 1, 2003

Therefore, what his declaration offers may qualify as an informed opinion — Mr. … is to define the appropriate type of supply that qualifies for an EPA, not the mechanism for adjusting it.”

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.

Dis Vintage LLC v. United States

456 F. Supp. 3d 1323 · United States Court of International Trade · May 6, 2020

Defendant supplies the definition “large enough to be important or clearly noticed.” Def. … The phrasing “show signs” bolsters the understanding that for the “wear” to be readily or clearly noticeable, it needs to be visible to eye.

Fiduciary Obligations Regarding Bureau of Prisons Commissary Fund

Department of Justice Office of Legal Counsel · May 22, 1995

Several sovereign immunity decisions provide guidance. In United States v. … In contrast to the bare trust created by the General Allotment Act,” which was found in Mitchell I not to have imposed fiduciary obligations upon the United States, it held that the statutes and regulations before it “ clearly

Cozy Comfort Co. v. United States

2024 CIT 114 · United States Court of International Trade · Oct 15, 2024

The Court established a briefing schedule for the parties to file motions in limine and responses in opposition. See Min. Order, ECF No. 58. On October 11, 2024, the Court held a hearing on the Motions. … He was qualified as an expert witness in the U.S. District Court for the District of Arizona. See id.

FINNAIR FLIGHT AY103

23 I. & N. Dec. 140 · Board of Immigration Appeals · Jul 1, 2001

The director found “no persuasive weight” to the carrier’s contention that it was immune from liability because 22 C.F.R. § 41.2(j) had not been amended. … section 104(a) of the Act, 8 U.S.C. § 1104(a) (1994), which authorizes the Secretary of State to confer or impose upon any employee of the United States, with the consent of the head of the department or independent establishment

Application of Rudolf Wiechert

370 F.2d 927 · Court of Customs and Patent Appeals · Jan 19, 1967

All the internal evidence and policy considerations in the foregoing seem to me to clearly establish that Congress did not intend to sanction any scheme of authorizing boards, a majority of whose members were examiners-in-chief … The primary examiner has the lowest level of experience and perhaps of expertise of those qualified to serve on the Board of Appeals.

Heli-Jet Corp. v. United States

31 Cont. Cas. Fed. 71,233 · United States Court of Claims · May 31, 1983

Such relief as is sought here should be granted only in infrequent and limited circumstances where such relief is clearly appropriate. … This was clearly the reason for the request for such information, and the court so holds.

Rice Systems, Inc. v. United States

62 Fed. Cl. 608 · United States Court of Federal Claims · Oct 29, 2004

Abid was qualified to assume the position of Principal Investigator on the project. Differences of opinion, even if genuinely held, however, are not sufficient to establish bad faith. … However, the [May 4, 1999] termination letter clearly states that "due to Rice Systems’ inability to provide a qualified Principal Investigator for this contract, the Contract Manager requested the subject contract be closed

Kerr-McGee Corp. v. United States

36 Fed. Cl. 776 · United States Court of Federal Claims · Nov 18, 1996

The United States contended that plaintiffs could not, as a matter of law, establish a legal or equitable claim. … An equitable claim arises from “an injury occasioned by Government fault” when there is “no enforceable legal remedy — due, for example, to the bar of sovereign immunity or the running of the statute of limitations.”

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.

Doe v. United States

54 Fed. Cl. 404 · United States Court of Federal Claims · Nov 14, 2002

The Federal Employees Pay Act clearly requires an explicit order of overtime for employees to receive overtime pay, according to defendant. … Whether attorneys should qualify for overtime pay under the Federal Employees Pay Act is an issue that is not before us.

James D. Stephens v. The United States

358 F.2d 951 · United States Court of Claims · Feb 18, 1966

court has held on many occasions that it has no power to review the decisions of the Secretary of one of the military departments or his authorized representatives in such a case unless the petitioner shows by cogent and clearly … We are unable to agree with plaintiff’s contention that the recited facts establish that the Army acted arbitrarily in his case.

McAfee v. United States

3 Ct. Int'l Trade 20 · United States Court of International Trade · Jan 13, 1982

From the record before the court and the testimony adduced, the following facts have been established. … aforenoted, pursuant to a determination made by Customs, the merchandise in question was entered free of duty until July 1980 at which time it appears that the plaintiff was advised by Customs that the merchandise might not qualify

Fairfax County Economic Development Authority v. Commissioner

77 T.C. 546 · United States Tax Court · Sep 2, 1981

In TIR-840, issued August 11, 1966, he announced that he would decline to issue rulings as to whether such bonds 8 qualified under section 103(a). … The underlying purpose of section 103(b)(6)(C) is clearly to aggregate rather than separate intertwined entities.

Larry D. Ervin v. Eric K. Shinseki

24 Vet. App. 318 · United States Court of Appeals for Veterans Claims · Mar 9, 2011

The Board again notes that a noncombat veteran's testimony alone does not qualify as credible supporting evidence of occurrence of an in-service stressor as required by 38 C.F.R. § 3.304(f). … Our caselaw also establishes that a claim is not finally decided where the appellant files a timely appeal from a Board denial of the claim. See e.g., May v.

Synernet Corp. v. United States

42 Cont. Cas. Fed. 77,351 · United States Court of Federal Claims · Jul 29, 1998

“The Administrative Procedure Act does not establish jurisdiction in this court over claims for money.” Union Bank and Trust Co. v. … The court must consider whether NASA “ignored highly relevant evidence or formed a conclusion for which record support is absent or clearly inadequate to the commonsense observer.”

Castaneda v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 22, 2021

Höke was well- qualified and that he credibly addressed the features of S.E.C.’s injury that were perhaps unusual for GBS. … Höke opined that the medical records clearly support that after the December 21, 2014 flu vaccination,26 S.E.C. developed GBS, summarized as “a clearly progressive syndrome characterized by weakness in all limbs, ataxia,