Case law

Folk Construction Co. v. United States

31 Cont. Cas. Fed. 71,247 · United States Court of Claims · Jun 14, 1983

Moreover, the agreement clearly contemplated that Cross would be entitled to any recovery from the Government. Thus, the release is not complete and unconditional. … The Court of Claims, in its order of September 19, 1980, held that the defendant had not met its burden of proving that the release, or some contract clause, completely immunized Folk from all liability to Cross. .

Adkins v. United States

United States Court of Federal Claims · Jun 29, 2021

I.R.C. § 7430(c)(4)(E)(i); see also id. § 7430(g) (defining “qualified offer” and “qualified offer period”). … Specifically, they contend that “they made a qualified offer during the qualified offer period” by accepting Mr.

Clara D. Blaschka v. The United States

393 F.2d 983 · United States Court of Claims · May 10, 1968

However, there must be clear evidence of an intention to liquidate if an informal plan is to be established. Oberndorfer, Partial Liquidations, N.Y.U. 13th Ann. Inst, on Fed. Tax. 637, 643 (1955). … Turning to the income figures in the instant case, they reflect clearly that the services performed for Max Mayer, Ltd., by C & C produced so little income as not to be a business separate and distinct from the United States

White Sands Ranchers v. United States

14 Cl. Ct. 559 · United States Court of Claims · Mar 30, 1988

Of course, to say that a statute reposes discretion in those charged with its administration does not mean that the exercise of that discretion is immune from a court’s power to review. … The standard of review is whether the action under challenge has a rational basis, i.e., is not so clearly wrong as to be arbitrary. Citizens To Preserve Overton Park, v.

D&J Enterprises, Inc. v. United States

United States Court of Federal Claims · May 4, 2022

To qualify as an “interested party” a protester must be an actual or prospective bidder who has a direct economic interest in the procurement. Id. (citations omitted). … In doing so, the SSA clearly outlined DRC’s advantages over D&J for both the management/technical and past performance factors.

Raytheon Co. v. United States

92 Fed. Cl. 549 · United States Court of Federal Claims · Apr 29, 2010

However, this language does raise the question of whether separate accounts within a qualified pension trust established for [Section] 401(h) health care benefits should be considered as providing an ancillary benefit that … A 401(h) account is a tax-exempt trust that is established as part of an ERISA qualified pension plan. See generally Terry A.M.

Boraiko v. United States

146 Ct. Cl. 814 · United States Court of Claims · Jul 15, 1959

The regulations set out in finding 29 clearly stipulate that a person afflicted with rheumatoid arthritis shall be ineligible for even limited service. … In 1950 the plaintiff was examined to ascertain whether he was physically qualified for service in the Korean conflict.

Physical Education Programs in Public Schools

65 Pa. D. & C.2d 287 · Pennsylvania Department of Justice · Jul 2, 1974

“(b.l) Private schools shall be permitted, if otherwise qualified, to be members of the Pennsylvania Interscholastic Athletic Association.” … Intramural and interscholastic athletics are equally clearly within the classification of student activities wherever that phrase has been used.

Heath v. Commissioner

30 T.C. 339 · United States Tax Court · May 22, 1958

separation under a decree of divorce or of separate maintenance, (2) the payments must he periodic, although they need not be made at regular intervals, (3) only those payments made and received subsequent to the decree qualify … Clearly there is no basis for application of the doctrine of estoppel under the facts in this case.

Joseph Labruzza and Randall G. McBride v. Denis McDonough

United States Court of Appeals for Veterans Claims · Jan 24, 2024

In fact, the Secretary previously conceded that the cited resources "fall short of establishing that the term has an established meaning such that it qualifies as a term of art." Arline, No. 18-0765, Secretary's Supp. … And, of course, the income that a veteran earns from employment must be relatively low to qualify as "in a protected environment."

Berenji v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 24, 2020

Both red cell and megakaryocyte/platelet findings are consistent with immune-mediated destruction of red cells and platelets and have been described in Evans syndrome. Id. … master’s August 30, 2019 decision, ECF No. 111; and 10 (4) The parties shall separately FILE any proposed redactions to this opinion, with the text to be redacted clearly

Clipper Belt Lacer Co., Inc. v. United States

738 F. Supp. 528 · United States Court of International Trade · Mar 13, 1990

“It is a well-established rule that a ‘part’ of an article is something necessary to the completion of that article. … The decided cases do not clearly establish any set rule or principle for determination of what constitutes parts of automobiles.

JORDAN v. United States

United States Court of Federal Claims · Dec 19, 2025

Lambro argues that the 1977 amendments to the FLSA constitute a waiver of sovereign immunity that allows all claims under the FLSA to be heard in this Court. Id. at 3–4. Specifically, Mr. … The government satisfies its burden to establish the three elements of claim preclusion. Therefore, the Court dismisses Ms.

Kemp v. United States

65 Fed. Cl. 818 · United States Court of Federal Claims · Jun 15, 2005

Dickinson , however, has not been read to cover any circumstances clearly analogous to those of plaintiff. … Here, however, plaintiff clearly alleges a physical taking beginning in 1980. Compl. ¶¶ 10-11. The court finds plaintiffs claim time-barred. III.

Ixi Technology Electronic Warfare, LLC v. United States

United States Court of Federal Claims · Feb 28, 2023

The Tucker Act’s waiver of sovereign immunity “covers a broad range of potential disputes arising during the course of the procurement process[,]” including “objections to a proposed award, objections to an award, and objections … to establish standing.”).

Palm Beach Isles Associates v. United States

58 Fed. Cl. 657 · United States Court of Federal Claims · Dec 5, 2003

The court qualified Mr. Kyzer as an expert on the impact of proposed projects on navigation. Mr. … However, one of the plaintiffs' witnesses, Martin Gau-thier, an engineer who processed the permit application for the plaintiffs, stated that the western boundary of the submerged parcel has never been clearly established

Impresa Construzioni Geom. Domenico Garufi v. United States

89 Fed. Cl. 449 · United States Court of Federal Claims · Oct 23, 2009

More specifically, “[t]o qualify as a prevailing party, plaintiff must satisfy the eligibility requirements of both net worth and number of employees.” Al Ghanim, 67 Fed.Cl. at 498 ; (quoting Lion Raisins, Inc. v. … However, neither of the declarations clearly addresses the total net worth of Domenico Garufi as owner of a sole proprietorship on June 28, 1999, the date the complaint was filed.

Cole v. United States

32 Fed. Cl. 797 · United States Court of Federal Claims · Feb 27, 1995

These changes are probably a normal variant but this must be established clinically.” In his Report of Medical Examination Dr. … In light of the differing interpretations placed on Major Cole’s EKGs by apparently qualified physicians, and Rev.

Massie v. United States

40 Fed. Cl. 151 · United States Court of Federal Claims · Dec 23, 1997

The individual claimants, therefore, must look beyond the jurisdictional statute for a waiver of sovereign immunity. United States v. Testan, 424 U.S. at 398 , 96 S.Ct. at 953 . … In the first place, the “guarantee” is clearly limited to fifteen years.

Estate of Fabric v. Commissioner

83 T.C. 932 · United States Tax Court · Dec 11, 1984

Steinberg, a qualified expert actuary, testified that the purchase of a private annuity in 1975 under the same terms and conditions as the decedent’s would have cost approximately $1,215,000. … The evidence demonstrates that the decedent’s death was not clearly imminent or predictable at the time she entered into the annuity agreement.