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507 F.2d 1271 · United States Court of Claims · Dec 18, 1974
This discretion to review the factual basis of a conviction is limited, however, by MCM, paragraph 86b (1) (c) to competent evidence established at trial as follows: b. … XXVII) established beyond a reasonable doubt each element found guilty (ch.
Cited 9 timesPublishedStanley L. Davis v. Denis McDonough
United States Court of Appeals for Veterans Claims · May 18, 2021
The regional office (RO) denied the claim a few months thereafter, finding that the condition with which he was diagnosed in service records—adjustment disorder— didn't qualify as a disability for VA purposes. … problems (variously described as adjustment disorder, PTSD, nervous breakdown, and depression), the RO found no evidence that they were incurred in or aggravated 2 Lupus is a disease in which the body's immune
Cited 0 timesPublished60 Fed. Cl. 628 · United States Court of Federal Claims · May 14, 2004
However, the “statutory scheme ... clearly establishes that he was a federal employee rather than an independent contractor.” Ezekiel v. Michel, 66 F.3d 894, 900 (7th Cir.1995); See also Carrillo v. … When Congress enacted section 7405, it “intended to give the VA authority to hire additional personnel on a fee-basis in order to obtain the services of qualified personnel without the constraints of the classification laws
Cited 1 timesPublishedUnited States Court of Federal Claims · Dec 14, 2022
court is committed by a federal judge which judicial immunity does not apply . . . .”). … Cir. 1988) (“[Plaintiff] bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” (citations omitted)).
Cited 0 timesUnpublished42 B.T.A. 1181 · United States Board of Tax Appeals · Nov 14, 1940
Petitioner called a witness who was duly qualified to testify upon the value in 1936 of the second mortgage on the University Avenue property. His testimony stands uncontradicted. … Here petitioners, the sole stockholders of Unidauth, could establish an apparent loss to Uni-dauth by offering to sell and selling the stocks in question at cost to them at a time when Unidauth, selling the stocks on the
Cited 11 timesPublishedUnited States Court of Federal Claims · May 10, 2013
to establish the factors set forth in Althen v. … Snodgrass stated that “a fever two days after immunization is unlikely to be due to those immunizations.” Tr. 339:1-2.30 Even though Karl had a fever on two days in January, Dr.
Cited 0 timesPublishedUnited States v. Esso Export Corp.
42 C.C.P.A. 51 · Court of Customs and Patent Appeals · Jun 24, 1954
Appellee states in its brief tbat “Tbe only difference between tbe situation of tbe Delmundo and tbat of the George Washington is tbat tbe Del-mundo bad previously established a regular schedule, while tbe George Washington … Presumably her later activities qualified her for tax exemption but we do not believe Congress intended to say, nor tbat tbe decisions of this or any other court support tbe view tbat during the time of tbe trip from New
Cited 0 timesPublishedPusateri v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 12, 2026
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … Savasan states: IMMUNIZATION STATUS: [Petitioner] has received all of her immunizations, receiving two of the three doses of Gardasil; however, [petitioner] has not mounted an immune response to the
Cited 0 timesUnpublishedE. R. Hawthorne & Co. v. United States
6 Ct. Int'l Trade 16 · United States Court of International Trade · Jul 11, 1983
It is well established that the classification of the imported merchandise is determined by the character thereof at the time of its importation. Carrington Co., United Geophysical Corp., v. … In its application of the foregoing rule, however, the defendant fails to give appropriate consideration to the qualifying phrase included therein: * * * but does not prevail over a specific provision for such part.
Cited 2 timesPublishedNathan Pappas v. Department of the Air Force
Merit Systems Protection Board · Feb 11, 2016
No. 101-336, to establish disability discrimination, an employee must show, inter alia, that: (1) he is an individual with a disability, as defined by 29 C.F.R. § 1630.2(g); and (2) he is a qualified individual … The appellant is not immunized from being disciplined for misconduct provided that the agency would have imposed the same discipline on an employee without a disability. Burton v. U.S.
Cited 0 timesUnpublishedGrivna v. Secretary of Health and Human Services
United States Court of Federal Claims · Jul 16, 2020
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … M.G. received the flu immunization on November 20, 2013. The vaccination was administered within the United States.
Cited 0 timesUnpublishedStatus of the National Security Council as an Agency Under the Freedom of Information Act
Department of Justice Office of Legal Counsel · Sep 6, 1978
connection therewith; and (2) to consider policies on matters of common interest to the departments and agencies of the Government concerned with the 9W ithin the context o f the legislative history, w hich clearly … W e have also considered w hether NSC could raise a valid constitutional claim to general immunity from the FOIA, and we believe this possibility is very w eak.
Cited 0 timesPublished59 Fed. Cl. 390 · United States Court of Federal Claims · Jan 26, 2004
Having heard this same argument offered by Defendant more than 10 years ago, the court in MAPCO determined that whether the average price figures taken from the indexes used qualify as “published or otherwise established … The DAR provision clearly refers to the need to make any adjustments because of fluctuations in the contractor’s established prices.
Cited 3 timesPublishedCanadian Reynolds Metals Co. v. United States
350 F. Supp. 2d 1302 · United States Court of International Trade · Dec 8, 2004
Standard of Review Because Plaintiff is seeking to invoke the Court’s jurisdiction, it has the burden to establish the basis for jurisdiction. … Moreover, the language of the protest – objecting to unanticipated frustration of the Agreement– clearly refers to decisions which had not yet been made, and not to the November 8 Letter.
Cited 2 timesPublished58 T.C. 107 · United States Tax Court · Apr 24, 1972
(Handelskredit Bank, A.G.), Zurich, Switzerland, as may be necessary to establish through the testimony of such officers and employees the bank records and accounts, and transactions therein, maintained or controlled by petitioner … It is abundantly clear from the order entered herein, and it should be clearly understood, that the Court is not at this time ruling on the admissibility of any evidence that may be obtained by respondent; that will be left
Cited 3 timesPublished23 Cl. Ct. 73 · United States Court of Claims · May 8, 1991
On the merits, plaintiffs assert that under controlling legislation and case law, their resignations qualify as involuntary separations for purposes of entitlement to severance pay. … Although phrased as a jurisdictional decision, Sammt really establishes a rule of law that the exercise of an option to retire from the military is not rendered involuntary by the accurate knowledge of eminent imposition
Cited 19 timesPublishedChant Engineering Co. v. United States
75 Fed. Cl. 62 · United States Court of Federal Claims · Jan 10, 2007
They did not do a good job in convincing the committee they are qualified in supplying the test equipment. … According to the court: *68 “[Prejudice (or injury) is a necessary element of standing____[A] potential bidder must establish that it had a substantial chance of securing the award in order to establish standing----In bid
Cited 1 timesPublished93 T.C. 79 · United States Tax Court · Jul 24, 1989
Thus, even where the IRS has failed to make a determination within 270 days, petitioner must establish that it took all the applicable procedural steps before this Court will find the exhaustion requirement satisfied. … Based on the information submitted by petitioner, which was clearly insufficient to warrant a favorable determination of its plans, the IRS issued final adverse determination letters.
Cited 9 timesPublishedYankee Atomic Electric Co. v. United States
54 Fed. Cl. 306 · United States Court of Federal Claims · Oct 30, 2002
charged with making the decision, but merely establish that the documents “reflect” policy deliberations. … policies to particular facts, which clearly would be post-decisional.
Cited 19 timesPublished79 T.C. 1008 · United States Tax Court · Dec 14, 1982
The cases relied upon by petitioner involving payments by separate successor employers are clearly distinguishable. … Each application made for any such award shall be referred to the Inventions and Contributions Board established under section 2457 of this title.
Cited 5 timesPublished
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