Case law

New Hampshire Flight Procurement, LLC v. United States

118 Fed. Cl. 203 · United States Court of Federal Claims · Aug 29, 2014

Ct. 126 (2012) (“A plaintiff lacking privity of contract can nonetheless sue for damages under that contract if it qualifies as an intended third-party beneficiary.”); Alpine Cnty., Cal. v. … A finding of third party beneficiary status creates a waiver of sovereign immunity in disputes before this court, and the traditional view is that “[w]aivers of sovereign immunity are construed narrowly.” Hinck v.

Bendure v. United States

554 F.2d 427 · United States Court of Claims · Apr 20, 1977

However, the regulations provide no specific machinery for processing or settling disputes between an agency and its employees as to whether or not a particular employment situation qualifies under the broad categories of … We think that the provisions of section 17 of the Executive Order and also paragraph S8-7g(3) of FPM 532-1, the Commission’s implementing regulation, demonstrate quite clearly that the use of the collective bargaining process

S. v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 24, 2026

Steinman described as “foreign invaders”—antigens presented to the immune system—and the immune system sometimes cannot distinguish between the two. Id. … This contention is wholly reasonable and logical, for the evidence clearly establishes that medical science recognizes that infections can result in MOGAD.

Gaskins v. Commissioner

4 B.T.A. 619 · United States Board of Tax Appeals · Jul 31, 1926

The United States Supreme Court clearly stated the law in the case of *2239 Neale v. … The parties to this appeal have brought themselves clearly within the requirements here stated. *2241 Walker v. Neil, 117 Ga. 733 ; 45 S.E. 387 , was a suit in equity brought by Mrs.

Kyong Truong v. United States Sec'y of Agriculture

30 Ct. Int'l Trade 1512 · United States Court of International Trade · Oct 12, 2006

From the date of this notice, the Trade Act of 2002 required eligible shrimpers to file an application by February 28, 2005 to qualify for benefits. See id. … As such, even though the language in Autoalliance Int’l appears clearly irreconcilable with Irwin v.

Hercules Inc. v. United States

36 Cont. Cas. Fed. 75,999 · United States Court of Claims · Jan 14, 1991

Clearly, the Government has overread the board’s decision. Nor should it be assumed that the Federal Circuit did not mean exactly what it said. … It typically establishes policy for, and provides guidance to the segments in their operations.

Presidential Powers Relating to the Situation in Iran

Department of Justice Office of Legal Counsel · Nov 7, 1979

I think quite clearly it would. Mr. Solarz. … W hich means he could in effect establish an em bargo on exports to that country? Mr. Bingham. C orrect.

General Tire & Rubber Co. v. Commissioner

29 T.C. 975 · United States Tax Court · Feb 27, 1958

The taxpayer seeks to qualify for relief under section 721 (a) (2) (C) on the basis of a class of income resulting from conducting research and development of tangible property during the period 1981 to 1940. … It was the first product which met the specifications of end users, established in 1932 and 1933.

East Sea Seafoods LLC v. United States

714 F. Supp. 2d 1243 · United States Court of International Trade · May 27, 2010

Customs and Border Protection (“CBP”), which clearly shows “that all entries [made by an East Sea entity] during these last 45 days of the POR were made by ESS JVC.”  Remand Results at 14.  … Clearly, Plaintiff has not done this.   

Ayres v. United States

66 Fed. Cl. 551 · United States Court of Federal Claims · Jun 29, 2005

Plaintiff, as the non-moving party, however, bears the burden of establishing jurisdiction by a preponderance of the evidence. See Reynolds v. Army & Air Force Exch. … Although not clearly asserted in the Complaint, Plaintiff argues that she was induced to waive an opportunity to conduct a risk inspection/assessment of the Property and to enter into the Contract by misinformation provided

Norfolk & Western Railway Co. v. United States

843 F. Supp. 728 · United States Court of International Trade · Feb 1, 1994

The user fees at issue in this case are clearly “charges” within the meaning of § 1514(a) and, therefore, are subject to protest under this subsection. … The record in this case clearly shows plaintiff satisfied this final requirement.

Mario Diaz v. Servicios De Franquicia Pardo's S.A.C.

Trademark Trial and Appeal Board · Feb 16, 2007

, opposer relies on the last clause found in Article 7, arguing that this language implicitly refers to the rights and remedies created for foreign 8 Section 44 of the Lanham Act, 15 U.S.C. § 1126 (1982), permits qualified … That Applicant May Have Known of Opposer’s Use of or Application to Register an Interfering Mark in the United States The evidence of record clearly establishes that there is no genuine issue

Flower v. Commissioner

61 T.C. 140 · United States Tax Court · Oct 31, 1973

In short nothing in the “bundle of rights” relinquished or transferred by petitioner qualifies as a capital asset and 'hence the entire consideration received therefor is taxable as ordinary income. Roscoe v. … Furthermore, paragraph (2) (A) clearly contemplates that if an employee’s reimbursable expense is deductible, the reimbursement will be included in gross income. See sec. 1.62-1 (f) (2), Income Tax Pegs.

Novarro v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 4, 2014

In rare cases, the activation of the immune system is misdirected and both the humoral and cellular arms of the immune system attack the nervous system. Id. … Tornatore’s credentials render this portion of his opinion generally unreliable, and I find that he is qualified to opine on the topic at hand.

Debra Chuisano, as Legal Representative of the Estate of Frances D'esposito v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 25, 2013

D’Esposito’s death to her receipt of the flu vaccine, although they were clearly 8 Although not specifically explained in Ms. … While timing is needed, timing alone is not sufficient to establish reasonable basis for two reasons. First, as a matter of law and logic, a sequence of events does not establish causation.

Baird v. Commissioner

68 T.C. 115 · United States Tax Court · Apr 27, 1977

Respondent is clearly wrong in his assertion that legal title did not pass until the deed was recorded. … of the Secretary, does clearly reflect income.

Musick v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 22, 2025

Thus, he bears the burden of establishing actual causation. … helps to establish that the Prevnar-13 vaccine was the but-for-cause of his condition.

CACI Field Services, Inc. v. United States

34 Cont. Cas. Fed. 75,339 · United States Court of Claims · Jul 17, 1987

During the April 21, 1987 review, CACI’s score was revised but apparently the technical proposal again qualified for a “Satisfactory” rating. … The executive privilege, however, is a qualified one. Kaiser, 141 Ct.Cl. at 49 , 157 F.Supp. at 946 .

Yosemite Park & Curry Co. v. United States

582 F.2d 552 · United States Court of Claims · Jul 14, 1978

Yosemite National Park, with plaintiff establishing reasonable rates and prices for its goods and services. … Plaintiffs attempt to escape the 10 percent limit on cost-plus contracts by arguing that it should receive the 15 percent allowed on "experimental” contracts fails because, as defendant notes, nothing in the Agreement qualifies

Qualification Requirement for Aliens Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

Department of Justice Office of Legal Counsel · Mar 27, 1997

Congress clearly provided that the phrase should be defined as “ in title II of the Social Security Act.” … They were designed for a purpose unique to the insur­ ance scheme established by the SSA — namely, to prevent the payment of social security benefits to those who, for a variety of reasons, have not paid into that system.