Case law

JWK International Corp. v. United States

49 Fed. Cl. 371 · United States Court of Federal Claims · May 10, 2001

Specifically, JWK averred that LTM was no more than a “front” for IS, which was not qualified to compete for LOT III because IS was not a small business. AR 2663-65. … The SSP and the Solicitation clearly stated the factors to be considered and lucidly established that JWK’s lack of CPARS data was neither a favorable or unfavorable factor in its decision, but merely a fact of the proposal

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.”

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.

Borgelt v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 2, 2026

on the same day of her flu immunization…”). … Matiello established, that relapse was consistent with the expected course a person with CIDP of the kind Petitioner had would experience, rather than the by-product of vaccine-induced immune stimulation (even if the flu

Maine Yankee Atomic Power Co. v. United States

44 Fed. Cl. 372 · United States Court of Federal Claims · Jul 26, 1999

The unmistakability doctrine — a principle which dictates that immunity from future legislation (here, a tax) be clearly, unmistakably incorporated into a contract with the Government in order to be enforced — requires more … But legitimate expectations cannot include an expectation of immunity from legislation that imposes additional costs on activities from which the plaintiff derived a prior benefit.

Cardiosom, L.L.C. v. United States

115 Fed. Cl. 761 · United States Court of Federal Claims · Apr 30, 2014

Rather, we consider this a clearly legal issue that courts are better equipped to handle.”) (internal quotation marks and citation omitted). Id. … The language at issue in MIPPA, § 1395w-3(a)(1)(D)(i), clearly purports to impose a limitation on federal court jurisdiction.

Ward v. United States

133 Fed. Cl. 418 · United States Court of Federal Claims · Jul 31, 2017

The MEB clearly, but incorrectly, determined that this medical condition was incurred while he was on active duty in 2003. … Although the Tucker Act waives sovereign immunity of the United States for claims for money damages, the “Act itself does not create a substantive cause of action.” Fisher v. United States, 402 F.3d 1167, 1172 (Fed.

Sciortino v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 25, 2024

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 … This occurs due to immune “dysregulation”—and the cytokines have been established to play some role in PMR’s pathogenesis, despite Dr. Matloubian’s denials. Br. at 7.

Mulrenin v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 16, 2021

Klaas clearly couched her statement in tentative terms. … Petitioner’s medical theory is not as broad as any “immune-mediated” illness. Although Dr.

Austin v. United States

118 Fed. Cl. 776 · United States Court of Federal Claims · Oct 10, 2014

Defendant breached a loan document when it charged plaintiffs escrow, insofar as the HUD settlement statement clearly indicates plaintiffs would not be charged escrow. 12. … Robinson on April 22, 2011 and had yet to enter into a new contract with a qualified contractor.

Eisendrath v. Commissioner

28 B.T.A. 744 · United States Board of Tax Appeals · Jul 26, 1933

Three well qualified witnesses testified as to the marketability of the stock in question. Edwin W. … That case is clearly distinguishable from the instant proceeding.on the facts.

Lowell v. United States

158 F. Supp. 704 · United States Court of Claims · Jan 15, 1958

The legislative history of Title IV of the Career Compensation Act of 1949 shows clearly that the retirement pay is to be based on the rank in which satisfactory service has been performed (U. S. … In other words, the majority feels that if section 1372 (1) is to be followed the plaintiff can qualify thereunder as he “served” in the rank of lieutenant colonel, and that he does not have to have “served on active duty

Chapman Law Firm Co. v. United States

62 Fed. Cl. 464 · United States Court of Federal Claims · Oct 13, 2004

The program provides for the purchase, over a two-year period, of some 125 single-family HUD residential properties, located in distressed and blighted areas of Chicago, by qualified Illinois nonprofit organizations. … This is the review standard established by 28 U.S.C. § 1491 (b)(4). Sierra, 58 Fed.Cl. at 579 .

Brame v. United States

10 Cl. Ct. 252 · United States Court of Claims · Jun 30, 1986

They could also elect not to appoint any person if, in their judgment, that individual was not qualified. … This rule clearly defeats plaintiff’s argument.

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.

Irwin v. Commissioner

45 T.C. 544 · United States Tax Court · Mar 17, 1966

This general principle was established in the installment sales cases at least as early as W. H. … Therefore, gain on these assets could not qualify under the 30-percent test. The rest of the assets, however, produced no cash in the year of sale, and, therefore, qualified for installment sale treatment.

West Bay Builders, Inc. v. United States

85 Fed. Cl. 1 · United States Court of Federal Claims · Nov 26, 2008

[The test] establishes what the level is for this period.” … The waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).

Norfolk Dredging Co. v. United States

58 Fed. Cl. 167 · United States Court of Federal Claims · Oct 14, 2003

Plaintiff has succeeded on the merits, establishing that the Corps violated an applicable procurement regulation by considering intervenor as qualified. … Taking all the facts into consideration, plaintiff has established its entitlement to injunctive relief.

Rosen v. Commissioner

48 T.C. 834 · United States Tax Court · Sep 15, 1967

amounts so as to qualify for the section 2503 (b) exclusion. … However, the Government has not challenged the exclusions herein on the ground that the gifts failed to qualify as present interests.

FMR CORP. v. COMMISSIONER

110 T.C. 402 · United States Tax Court · Jun 18, 1998

Each additional RIC covered by a preexisting trust document is established as a separate series of that trust. In effect, the trust establishing one RIC can support any number of additional separate series Ric’s. … Accordingly, we hold that these expenditures do not qualify for deduction as “ordinary and necessary” business expenses under section 162(a).