Case law

Caruso v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 6, 2018

The Special Master expanded on this by stating that the fact witness testimony “was not sufficiently corroborated by other circumstantial evidence to elevate it over contemporaneous record proof that clearly establishes a … Caruso’s March 9, 2013 journal entry, the Special Master clearly evaluated its relevance in establishing an onset period.

McLean Hospital Corp. v. United States

18 Cl. Ct. 152 · United States Court of Claims · Sep 6, 1989

In order to qualify for a waiver of the 60-day limitation on the reimbursement of health care costs, the provider (plaintiff here) must satisfy two criteria. … Clearly then, there was no case here for dismissing the peer reviewer’s opinion out-of-hand.

The Portland Mint v. United States

United States Court of Federal Claims · Jun 28, 2022

days does not qualify; here there is the additional fact that the ‘following-year producer’ requirement serves no useful purpose. … Holmes and relied on by plaintiff establish only that Mr.

Kay Manufacturing Co. v. United States

676 F.2d 555 · United States Court of Claims · Mar 10, 1982

Kazmirski was a very highly qualified operator of machining tools with outstanding abilities in designing machining equipment and in training operators in their use. … It must be emphasized, however, that such proof is not allowed for primary reliance on by defendant unless defendant has first clearly shown that comparative evidence is impossible to obtain.

Norsat International [America], Inc. v. United States

111 Fed. Cl. 483 · United States Court of Federal Claims · Apr 16, 2013

It is well established that a party cannot prevail in a bid protest unless it establishes that it has been significantly prejudiced by the agency action being challenged. … In other words, Encompass still would have qualified for a “Good-Low Risk” overall rating.

Scoville Manufacturing Co. v. United States

43 Cust. Ct. 259 · United States Customs Court · Dec 10, 1959

The case of International Brass & Copper Co., Inc., supra, relied upon by the collector as the basis of his action, is clearly distinguishable. … Moreover, the fact of commercial designation was established in the instant case and was not proven in the International Brass case, supra.

Continental Management, Inc. v. United States

527 F.2d 613 · United States Court of Claims · Dec 17, 1975

Clearly, he was a conscious wrongdoer. … Here, the plaintiffs engaged in wrongful conduct that clearly hurt the Government.

Dempsey v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 21, 2017

Thus, Petitioners’ claim clearly fails under Althen Prong 1. C. Petitioners have failed to establish Prong 2 of Althen in this case. … Thus, Petitioners have clearly failed to establish Prong 3 as well. E. This is not a close case.

United Nat'l Corp. v. Commissioner

33 B.T.A. 790 · United States Board of Tax Appeals · Dec 27, 1935

That cannot be qualified or varied from its natural import, but must speak for itself. … S. 58 , is also clearly, distinguishable, as appears from the following statement of the court: The evidence, as it appears in the record1, is much less contradictory than is usual in such cases where it is sought by parol

Curt Teich Foundation v. Commissioner

48 T.C. 963 · United States Tax Court · Sep 29, 1967

(2) Did Curt Teich, Sr.’s gift of securities to the Curt Teich Foundation qualify as a deductible charitable contribution on his 1960 gift tax return? … Respondent does not question the fact that the foundation qualified under sec. 501(c) (3) for its taxable years 1952 through 1958.

Paalan v. United States

58 Fed. Cl. 99 · United States Court of Federal Claims · Sep 30, 2003

New, as Evidence Custodian, clearly is qualified to testify regarding the circumstances under which plaintiffs personal property was confiscated and maintained by the Navy. Conversely, plaintiff argues that Ms. … No prejudice has been asserted or established in this case. Accordingly, plaintiffs motion to strike is denied. 2.

Hug Co. v. War Contracts Price Adjustment Board

14 T.C. 621 · United States Tax Court · Apr 18, 1950

While the holders of the new stock and the notes had the right to elect four directors in the case of the petitioner’s default in certain respects the evidence clearly establishes that no action was taken by them toward that … of twelve months, the $500,000 amount and the $25,000 amount shall be reduced to the same fractional part thereof for the purposes of this paragraph. 348.2 Computation of Aggregate Receipts and Accruals. (1) In order to qualify

Cooper v. United States

1 Ct. Cl. 85 · United States Court of Claims · Oct 15, 1863

They do not do so in express terms, and, in order to have that effect by implication, the subsequent statute must be clearly and indisputably contradictory, and contrary to the former act in the very matter, and the repugnancy … The leaning of the courts is so strong as almost to establish the doctrine that there can be no repeal by implication.— (Dwarris on Stat., 530- 31; 2 Q. B. Rep., 84; 5 Beav., 582.)

Garner v. Secretary of Health and Human Services

United States Court of Federal Claims · May 3, 2017

He further opined that adjuvants contained in the vaccines (intended to prompt a greater immune response) could also possibly help induce autoimmunity. Id. This theory Dr. … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim (which is the kind of claim asserted in this matter), a petitioner must satisfy all three of the elements established

Bruhn v. United States

74 Fed. Cl. 749 · United States Court of Federal Claims · Dec 12, 2006

DX 3 at 3 (stating that Farm 3 qualified for the good-faith exemption under 7 C.F.R. § 12 ); see also DX 2 at 4 (same, but discussing Farm 2); DX 1 at 1 (same, but discussing Farm 1). … Once the court’s subject matter jurisdiction is put into question, it is “incumbent upon [plaintiff] to come forward with evidence establishing the court’s jurisdic-tion____ [Plaintiff] bears the burden of establishing subject

Phibro Energy, Inc. v. Brown

19 Ct. Int'l Trade 663 · United States Court of International Trade · May 9, 1995

Plaintiffs contend they qualify as “adversely affected or aggrieved by agency action. ” The statutory provisions of the FTZA do not speak to challenges to Board disapprovals of subzone applications. … The Court recognizes that although the principles of real party in interest and standing bear resemblance, “several * * * elements of the standing doctrine are clearly unrelated to the rather simple proposition set out in

Mandatory Disclosure of Civil Rights Cold Case Records

Department of Justice Office of Legal Counsel · Feb 4, 2019

And the Act does not clearly provide for post- ponement of public disclosure after transmission, especially if the Review Board has terminated by that point. … Under these precedents, the qualifications that S. 3191 prescribes for Review Board members clearly cross the line.

Psaki Bros. v. United States

3 Ct. Cust. 479 · Court of Customs and Patent Appeals · Jan 20, 1913

In receiving this letter the watchman followed a long-established custom of receiving letters after the customhouse closed. … That such has actually been the departmental construction of the statute is clearly shown by a reference to the rulings in T. D. 3139 (1877); T.

Garrison v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 27, 2019

alleged that as a result of a meningococcal B vaccine received on August 9, 2016, she suffered injuries including vision change, nausea, numbness in her legs and feet, cognitive changes, allergies, headaches, and a weakened immune … The information in the record, does not establish entitlement to compensation. On November 5, 2019, petitioner filed a motion for a decision dismissing the petition. Petitioner’s Motion (“Pet. Mot.”)

System Studies and Simulation, Inc. v. United States

United States Court of Federal Claims · Jan 21, 2021

However, she also concluded that CAE’s “numerous strengths” made it “clearly superior.” Id. … L3 Doss has not established that, but for this purported error, “there was a reasonable likelihood that [it] would have been awarded the contract.”