Case law

Waterman v. Secretary of Health and Human Services

123 Fed. Cl. 564 · United States Court of Federal Claims · Oct 23, 2015

A subset of infants may be more susceptible to reactions to immunizations. … Cir. 1993), it is well-established that symptoms of death do not independently establish the existence of a Table injury, Hodges, 9 F.3d at 960.

United States v. Hugo Stinnes Steel & Metals Co.

599 F.2d 1037 · Court of Customs and Patent Appeals · Jun 7, 1979

As the lower court said: The evidence appears to clearly establish that at the time the steel was exported from Japan on July 17, 1971, the plaintiff not only had the intention to transship the same to the United States, … The Customs Court clearly considered carefully each of the Government’s arguments regarding contingency of diversion and found them wanting.

Bernier v. Brown

7 Vet. App. 434 · United States Court of Appeals for Veterans Claims · Mar 17, 1995

We agree with the Secretary that §§ 3033(a)(1) and 3681(b)(1) clearly reflect Congress’ intention to preclude concurrent receipt of benefits under both chapter 31 and chapter 30. … Thus, he is seeking only the opportunity to choose between two educational programs for his period of schooling from January 1989 to *438 April 1, 1991, both of which he was qualified for.

Billy D. McCarroll v. Robert A. McDonald

28 Vet. App. 267 · United States Court of Appeals for Veterans Claims · Nov 7, 2016

United States, 498 U.S. 103, 109 , 111 S.Ct. 461 , 112 L.Ed.2d 449 (1990) (reiterating “the established principle that a court should ‘give effect, if possible, to every clause and word of a statute’ ” (quoting United States … To qualify for a 10% evaluation under DC 7101, a veteran must satisfy one of three alternatives: first, current diastolic pressure predominantly 100 or more; second, current systolic pressure predominantly 160 or more; or

Manocchio v. Commissioner

78 T.C. 989 · United States Tax Court · Jun 14, 1982

Thus, the reimbursement received by petitioner clearly qualifies as a class of exempt income for purposes of section 265. The only issue, then, is whether the educational costs are allocable to the reimbursement. … of education consisting exclusively of flight training approved as meeting the requirements of subsection (a) hereof, shall be paid an educational assistance allowance to be computed at the rate of 90 per centum of the established

Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges

Department of Justice Office of Legal Counsel · Dec 18, 1995

The Court held that the President was immune from suit because Congress had failed to create a cause o f action expressly against the President o f the United States, stating 44[w]e consider this immunity a functionally mandated … Nor is any “ change of intent . . . clearly manifest” by reason of the lin­ guistic change from the earlier provision.

Alcatraz Media, Inc. v. Chesapeake Marine Tours, Inc. dba Watermark Cruises

Trademark Trial and Appeal Board · Jul 2, 2013

Summers as expert testimony on the ground that petitioner failed to lay the foundation necessary to establish her as a qualified expert witness regarding how the public perceives the term ANNAPOLIS TOURS.12 More specifically … Summers is qualified as an expert in the field of travel writing and journalism.

Simons Brick Co. v. Commissioner

14 B.T.A. 878 · United States Board of Tax Appeals · Dec 21, 1928

It was, therefore, necessary for the petitioner to establish the total cost of its assets unreduced by depreciation. … The testimony of this witness who qualified as an expert clearly indicated that the value of $725 an acre which the Commissioner used in arriving at the unit value per ton was liberal as to each and every property involved

Bull v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 1, 2021

This is because an immune-mediated process would require time for activation of the immune system. Id. … Bull’s injury was likely immune- mediated.

Estate of Kappel v. Commissioner

70 T.C. 415 · United States Tax Court · Jun 7, 1978

Moreover, such conclusion is consistent with the established law in other similar situations. … Clearly, these cases have no applicability here because there is no issue of fraud and the petitioners have the burden of proof once the Commissioner has established that the mitigation provisions apply.

Ernest Paroczay v. The United States

369 F.2d 720 · United States Court of Claims · Dec 16, 1966

The fact of constructive reinstatement, of course, does not of itself establish that plaintiff was covered for the period of wrongful separation as a matter of law. … The case is clearly in-apposite to the case at bar, because plaintiff here did in fact earn something from a “lower level” job.

United States v. Hitachi America, Ltd.

21 Ct. Int'l Trade 373 · United States Court of International Trade · Apr 15, 1997

The government proffered no reason for this clearly suspicious behavior. Mr. … Taga’s belief that Hitachi America’s past practice was to pay EPA at the end, he was clearly on notice that there might be a problem with doing so.

American Auto. Asso. v. Commissioner

19 T.C. 1146 · United States Tax Court · Mar 26, 1953

The evidence and record before us clearly establish that the petitioner’s purpose to engage in business was not merely incidental and subordinate to a main purpose but was in fact a principal purpose. … Supp. 310 , nor in establishing and maintaining the integrity of a local commercial market, Crooks v.

Cupler v. Commissioner

64 T.C. 946 · United States Tax Court · Aug 26, 1975

Clearly, such elements should not be included in determining the value of the machines themselves. … property had been “established to our satisfaction.”

Former Employees of Chevron USA, Inc. v. United States Secretary of Labor

32 F. Supp. 2d 471 · United States Court of International Trade · Dec 31, 1998

“The Court must uphold the Secretary’s interpretation of the Trade Act, provided it is sufficiently reasonable and does not contravene clearly discernible legislative intent.” Bunker Limited Partnership v. … And Congress relaxed the “contributed importantly” standard in 1974 so that more workers could qualify for benefits. See S.Rep. No. 93-1298, at 133 (1974), reprinted in 1974 U.S.Code Cong. & Admin. 7275.

Application of Alick Isaacs and Jean Lindenmann

347 F.2d 887 · Court of Customs and Patent Appeals · Oct 12, 1965

The substance is mixed with pieces of chick chorioallantoic membrane for 24 hours at 37° C. to allow interference to become established. … Broad, but clearly well defined ranges of the activity of the attenuated virus are thus functionally specified.

Jones v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 21, 2025

He was thinking more clearly now. Id. The assessment at this visit was idiopathic peripheral neuropathy. Pet. Ex. 11 at 6. … Preceding infections are less frequently reported in CIDP, but infections during the course of CIDP may clearly worsen symptoms . . . most CIDP patients improve after steroids, whereas GBS

TALANOA

12 I. & N. Dec. 371 · Board of Immigration Appeals · Jul 1, 1967

The cases cited by counsel are clearly distinguishable from the in- stant case. In McLeod v. … The Court, finding respondent had definitely been qualified for such a nonquota visa, and relying on the reasoning of McLeod, supra, and Moser V.

Grover M. v. United States

9 Cl. Ct. 741 · United States Court of Claims · Apr 8, 1986

Moreover, it is settled in this court that Congress’s waiver of sovereign immunity in § 1491(a)(3) is to be strictly construed and may not be expanded by implication. … The document submitted to FmHA by plaintiffs to establish their eligibility was styled “Financial Statement As of Date of Application.”

Temes v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 7, 2020

Bellanti cited to the Catsoulis article—a study involving the effects of hyper-immunizing rabbits with a pneumococcal vaccine. See Pet’r Ex. 22; E. A. … Temes argues that the special master erred, because the “record clearly shows that all treaters and Dr. Bellanti support the temporal association between the October 19, 2015[,] vaccinations and the onset of Dr.