Case law

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  • Max Jordan Bauunternehmung v. United States

    33 Cont. Cas. Fed. 74,562 · United States Court of Claims · Aug 27, 1986

    By 1968, criteria had been developed that established specifications for material and for application techniques. By 1970, the list of firms qualified for coating the interior of jet fuel tanks included four firms. … Accordingly, this issue is not properly before the court. 13 Nevertheless, Jordan’s argument that the specifications were latently defective clearly is without merit.

    Cited 18 timesPublished
  • Monroe Quailes, Jr. v. United States

    109 Fed. Cl. 651 · United States Court of Federal Claims · Mar 27, 2013

    Again, despite his pending mental health issues, he was found qualified for discharge. Id. There is no indication in the record that the PEB had proceeded nor any determination reached regarding Mr. … Quailes‟s claims in this 2012 complaint are clearly outside the six-year limit and thus beyond the jurisdiction of the Court. IV.

    Cited 1 timesPublished
  • Johnston v. Comm'r

    119 T.C. 27 · United States Tax Court · Aug 8, 2002

    The defendants asserted the affirmative defense of qualified immunity based upon having acted in good faith, and the plaintiff sought discovery of legal advice the defendants received with respect to his confinement. … established constitutional rights.”

    Cited 9 timesPublished
  • Sufi Network Services, Inc. v. United States

    128 Fed. Cl. 683 · United States Court of Federal Claims · Oct 19, 2016

    A board’s decision can be so grossly erroneous that one can imply bad faith, especially when the error clearly favors the Board’s department. Id. … Even more so, the specific actions taken by the Air Force were clearly not substantially justified.

    Cited 6 timesPublished
  • Wolfchild v. United States

    72 Fed. Cl. 511 · United States Court of Federal Claims · Aug 22, 2006

    “It is a clearly established principle in [equity], that whenever the trustee has been guilty of a breach of the trust, and has transferred the property, by sale or otherwise, to any third person, the [beneficiary] has a … immunity. .

    Cited 10 timesPublished
  • Moran v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 19, 2021

    He pointed to various studies into the effects of vaccines in support of his theory that no causal relationship to RA has been established, including one which revealed no exacerbation of symptoms following immunization of … The history subsequent to immunization clearly was contemporaneously documented as RA and was strongly seropositive with respect to both rheumatoid factor and CCP.

    Cited 0 timesPublished
  • Computer Products International, Inc. v. United States

    39 Cont. Cas. Fed. 76,626 · United States Court of Claims · May 29, 1992

    The present case is clearly distinguishable since the case at bar involves a *528 case against the United States pursuant to the Contract Disputes Act, a federal statute which provides a limited waiver of sovereign immunity … According to the unrefuted statement included in the defendant’s filings: In this case, CPI has clearly failed to submit evidence sufficient to establish with certainty its costs of contract performance up to the date of

    Cited 12 timesPublished
  • Aero Rental v. Commissioner

    64 T.C. 331 · United States Tax Court · May 29, 1975

    Aero clearly proceeded with due diligence to secure a determination for 1970. … The petitioner established that in approximately one-half of the determinations issued by the Phoenix office in similar situations in the years 1969 through 1971, the determination held the plan was qualified for the earlier

    Cited 72 timesPublished
  • Smith v. Gober

    United States Court of Appeals for Veterans Claims · Aug 31, 2000

    As the Supreme Court has clearly instructed, any waiver of sovereign immunity must be explicit. N.Y. Rayon Importing Co., supra. … Even assuming arguendo that the Secretary has the authority, he clearly has not delegated such authority.

    Cited 0 timesPublished
  • Hopkins v. Secretary of Department of Health & Human Services

    84 Fed. Cl. 517 · United States Court of Federal Claims · Oct 1, 2008

    Sexton evaluated Finn at the request of his parents because he was not talking clearly and he seemed to be slow in acquiring new words. … Accordingly, petitioner failed to establish the critical temporal relationship between their 4 hearing loss and immunizations, and thus, failed to establish that the vaccines in-fact caused their hearing loss.

    Cited 10 timesPublished
  • Tibby-Brawner Glass Co. v. Commissioner

    2 B.T.A. 918 · United States Board of Tax Appeals · Oct 19, 1925

    Green: The taxpayer sought to establish the value of the plant and equipment by the introduction of a retrospective appraisal of the real estate, buildings, and equipment, which purported to fix the sound value thereof. … Only as to a very few items was he able, in any measure, fo qualify as an expert.

    Cited 1 timesPublished
  • Kelly Schultz v. Secretary of Health and Human Services

    United States Court of Federal Claims · Aug 30, 2013

    L.S.’s claim is not barred by the doctrine of sovereign immunity. The doctrine of “sovereign immunity” is a judge-made doctrine from which federal courts have derived certain principles of statutory construction. … And, the standards governing RCFC 20 are also clearly satisfied.

    Cited 0 timesPublished
  • Auto Club Insurance v. United States

    103 Fed. Cl. 268 · United States Court of Federal Claims · Jan 24, 2012

    As such, it is *271 an explicit waiver of the sovereign immunity of the United States. United States v. Testan, 424 U.S. 392, 398 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976). … Otherwise, in Plaintiffs reasoning, the references to money-mandating statutes that are replete in such case precedents are merely a “shortcut expression” of the requirement of a money damages claim, which Plaintiff is clearly

    Cited 4 timesPublished
  • Michael T. Acciola v. James B. Peake

    22 Vet. App. 320 · United States Court of Appeals for Veterans Claims · Dec 5, 2008

    The letter concluded by stating that "service connection should be established in accordance with 38 C.F.R. [§§] 3.303, 3.304, 3.307." R. at 62. … Subsequently, the appellant's representative filed a Notice of Disagreement (NOD) that stated: We maintain the [RO] decision of April 13, 2000, is clearly erroneous, for not establishing service[] connection

    Cited 28 timesPublished
  • A. v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 27, 2023

    She attempted several nasal remedies to improve her ability to clearly inhale through her left nostril, but they did not help. Id. … may elicit immune responses to self-antigens.”

    Cited 0 timesPublished
  • Burch v. Hhs

    United States Court of Federal Claims · Sep 4, 2015

    Summer had been immunized with an MMR vaccine 18 years prior, see Pet. Ex. 1 at 2, would not have precluded the alleged pathogenesis, because of “the waning of immunity following immunization.” … Clearly this is not the same condition described in his First Report, the condition from which S.E.B. clearly suffers, and which Dr. Bellanti agreed she had. And yet, Dr.

    Cited 0 timesPublished
  • CROSS

    26 I. & N. Dec. 485 · Board of Immigration Appeals · Jul 1, 2015

    Clearly, if “legitimation” has the same meaning in section 101(c)(1) as “paternity . . . established by legitimation” does in section 321(a)(3), then the statutes are in conflict. … Conversely, anyone who proves that his “paternity . . . has not been established by legitimation” under section 321(a)(3) would accordingly be unable to qualify as a “child.”

    Cited 20 timesPublished
  • Pender Peanut Corp. v. United States

    20 Cl. Ct. 447 · United States Court of Claims · May 23, 1990

    Section 702 acknowledges that the Tucker Act has already waived sovereign immunity for most money damages suits. Section 702 therefore waives immunity for actions seeking relief other than money damages. … First, the APA is not a waiver of sovereign immunity as to money damages suits.

    Cited 8 timesPublished
  • REYES

    20 I. & N. Dec. 789 · Board of Immigration Appeals · Jul 1, 1994

    As such, he is clearly precluded from establishing his good moral character under 4 As murder is specifically included in the definition of "aggravated felony" under section 101(a)(43) of the Act, the 1990 revisions to … section 101(0(8) of the Act clearly and significantly broadened the class of individuals who are now forever precluded from establishing their good moral character. 5 We also note that a widely circulated publication, Immigration

    Cited 5 timesPublished
  • System Dynamics International, Inc. v. United States

    130 Fed. Cl. 499 · United States Court of Federal Claims · Feb 7, 2017

    “It is well settled . . . that the [United States] is ordinarily immune from suit, and that it may define the conditions under which it will permit such actions.” Honda v. … For this reason, the Supreme Court has held that “[w]hen waiver legislation contains a statute of limitations, the limitations provision constitutes a condition on the waiver of sovereign immunity.” Block v. N.

    Cited 6 timesPublished

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