Case law

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.”)

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.

Richmond American Homes of Colorado, Inc. v. United States

80 Fed. Cl. 656 · United States Court of Federal Claims · Mar 11, 2008

It is Plaintiffs’ burden to establish the entitlement and quantum of damages. … Clearly, Mr. Sehwartzkopf examined and properly applied facts evidencing standby, as part of his calculation of Eichleay damages.

Parker v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 5, 2025

Carr was qualified as an expert in orthopedic surgery and sports medicine. Tr. at 120. … Leist was qualified as an expert in neurology and neuroimmunology. Tr. at 146.

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

Corporacion Habanos, S.A. v. Anncas, Inc.

Trademark Trial and Appeal Board · Sep 26, 2008

Perelman to be qualified as an expert on cigars and Cuban cigars and tobacco, in particular. … In any event, opposer’s evidence establishes a goods/place association.

Tao Licensing, LLC v. Bender Consulting Ltd. dba Asian Pacific Beverages

Trademark Trial and Appeal Board · Dec 7, 2017

Bonbrest’s declaration,” but alleges that “he is certainly not an expert witness, and as he works for [Petitioner], he is clearly biased.”9 We need not treat Mr. … Thus, neither the April nor the August 2012 shipment of vodka qualifies as use or transportation in commerce.

Fung Chong Co. v. United States

15 Cust. Ct. 37 · United States Customs Court · Jun 30, 1945

In the case last cited the court said (p. 78): It is true, as stated by the trial court, that, unless it clearly appears to the contrary, tariff acts are to be construed according to the commercial understanding of the terms … There was some testimony to the effect that if one ordered “oranges,” he would receive the principal variety then on the market, but that was qualified later by statements that an intelligent jobber would indicate what variety

Special Counsel v. Katherine Coffman

2017 MSPB 3 · Merit Systems Protection Board · Jan 6, 2017

He found that the respondent’s testimony not only did not establish that she intentionally violated a statute or regulation, but actually disproved any such violation occurred because she “clearly established … Applicant A as qualified despite his contrary responses to the qualifying questions.

Starnes v. United States

United States Court of Federal Claims · Oct 5, 2022

The Tucker Act serves as a waiver of sovereign immunity for “certain claims for monetary relief against the United States,” but it does not create a right to relief itself. Estes Express Lines v. … Several claims in the Complaint clearly sound in tort. Plaintiff appears to assert a personal injury tort claim for his broken leg. See Compl.

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.

Devtech Systems, Inc. v. United States

United States Court of Federal Claims · May 1, 2025

Further, even if the Agency erred in its determination that Veritas’s project manager was qualified, DevTech cannot establish prejudice because its proposed project manager suffers from the same purported deficiencies—if … Peters was qualified. First, based on Ms. Peters’s resume entries, the Agency was well within its discretion to find that Ms. Peters was qualified.

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.

Infrastructure Defense Technologies, LLC v. United States

81 Fed. Cl. 375 · United States Court of Federal Claims · Apr 7, 2008

The protestor must show that it would have been a qualified bidder. … While IDT clearly would like to be a larger part of that program, it has not established that the Directive has the effect of a statute or regulation such that acting inconsistently with its provisions would constitute grounds

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.

Gundanna v. Comm'r

136 T.C. 151 · United States Tax Court · Feb 14, 2011

The disputed exhibits are not unduly duplicative, as there are variations in the material that help to establish the chronology of events. As the evidence establishes that Mr. … Because the evidence adduced so clearly establishes that petitioner anticipated receipt of benefits in exchange for his transfer of the stocks to the Foundation, respondent has satisfied any burden of proof he might bear

Century Exploration New Orleans, LLC v. United States

110 Fed. Cl. 148 · United States Court of Federal Claims · Mar 21, 2013

However, there is no express term in the lease that immunizes them from future increases in their costs of performance. See Bradley v. Chiron Corp., 136 F.3d 1317, 1326 (Fed. … While those documents are referred to as “NTLs,” each NTL clearly states that it is a “Notice to Lessees and Operators.” See, e.g., Def.’s Ex. 8 at A253.

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).

Thompson v. Commissioner

10 B.T.A. 390 · United States Board of Tax Appeals · Jan 30, 1928

The petitioner owned all of the capital stock of the Company with the exception of two qualifying shares issued to directors in accordance with the corporate laws of Mississippi. … We, therefore, have no hesitancy in saying that under the evidence adduced the respondent was clearly in error in holding this amount to be a dividend. As to the $3,026.67 item, there may be some reason for doubt.

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