Case law
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Mullins v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 4, 2024
K.M. was unable to communicate her symptoms clearly given her age, but was not acting as she normally would according to her parents. Id. … F, Tab 4 at 3 (“[L]eukodystrophies are genetic leukoencephalopathies, but not all genetic leukoencephalopathies qualify as leukodystrophies.”).
Cited 0 timesUnpublishedC.B.C. Super Markets, Inc. v. Commissioner
54 T.C. 882 · United States Tax Court · Apr 28, 1970
Cicio was the person who was acting for the corporation in both proceedings, criminal and civil, and because of this the corporation has clearly had its “day in court” on the fraud issue. … But if respondent had proved fraud by offering the same evidence which was used at the criminal trial, the corporation could not expect immunity because of the innocence of its minority shareholders. Bender v.
Cited 48 timesPublishedClinton Deckard v. Commissioner
155 T.C. No. 8 · United States Tax Court · Sep 17, 2020
The prohibition on the distribution of profits is clearly embodied in the Act, which governs the formation, operation, and dissolution of nonstock, nonprofit corporations in Kentucky.7 A corporation subject to the provisions … - 20 - its dissolution, its assets shall be distributed for exempt purposes within the meaning of section 501(c)(3) or shall be distributed to an entity established for public
Cited 0 timesPublishedBaldi Bros, Inc. v. United States
United States Court of Federal Claims · May 12, 2023
It argues that Baldi cannot prevail on its constructive change claim in Allegation 4 because “the contract requirements clearly establish that both the Soil Tracking Form and the Travis [AFB] Environmental Plan are required … Also, there is no evidence that demonstrates that the Soil Management Procedures Manual qualifies as a base regulation.
Cited 0 timesPublishedDong-A Steel Co. v. United States
337 F. Supp. 3d 1356 · United States Court of International Trade · Oct 3, 2018
Commerce’s regulation clearly requires DOSCO to provide translations of documents that are important to any claims made in the investigation. 19 C.F.R. … involving the current products, and did not state clearly that the documents were intended to support a constructed export price offset.
Cited 2 timesPublishedInserso Corporation v. United States
United States Court of Federal Claims · Apr 22, 2019
Although the Tucker Act explicitly waives the sovereign immunity of the United States against such claims, it “does not create any substantive right enforceable against the United States for money damages.” … Moreover, plaintiff has failed to establish that, but for those debriefings, it had a substantive chance of receiving an award.
Cited 0 timesPublished46 Fed. Cl. 187 · United States Court of Federal Claims · Jan 21, 2000
The Federal Circuit held: Clearly, Dico’s two actions seek the “same or ... overlapping relief,” Loveladies, 27 F.3d at 1554 . … UNR 1 established that § 1500 is a battle of pleadings.
Cited 12 timesPublishedBartoszek v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 23, 2024
The immunization history noted that petitioner “received immunization for flu and also for pneumonia 2 weeks” earlier. 3 (Id.) … Sheikh, as a neurologist, is not qualified to opine on a causal theory based on molecular mimicry, which is immunological. (ECF No. 123, pp. 14-15.)
Cited 0 timesUnpublished61 T.C. 382 · United States Tax Court · Dec 26, 1973
The rule as to the merger of lesser estates with greater estates is well established. … Clearly, petitioners did not make an exchange either on May 15, or May 19,1967. The exercise of the option did much more than make a mere change in the form of ownership; it was a change in the quantum of ownership.
Cited 14 timesPublished138 F. Supp. 253 · United States Court of Claims · Jan 31, 1956
of families and that they were clearly entitled in equity and justice to an additional amount for the damage and loss sustained by them. 1 *260 The Senate also found that 1-91 heads of families had qualified for reservations … In the absence of such allegations and of any proof to that effect, the Chitto group has failed to establish its right to any award whatsoever.
Cited 0 timesPublished3 T.C. 74 · United States Tax Court · Jan 19, 1944
Lawrence Green was duly appointed, qualified, and acted as executor. A Federal estate tax return was duly prepared and filed for the estate, and the tax shown to be due thereon was duly paid. The estate of L. K. … Quite clearly the expenses here in question were not paid or incurred in connection with the carrying on of a trade or business.
Reversed on other grounds by Nunan v. Green, 146 F.2d 352 (1945)Cited 10 timesPublishedUnited States Court of Federal Claims · May 17, 2023
The decision also indicated that, to request reconsideration, plaintiff would have to provide “[m]edical documentation . . . from the time the injury occurred” that “clearly show[s] a combat related event.” … Accordingly, it again advised SSG Olive that if he sought reconsideration he must provide “medical documentation . . . from the time the injury occurred” and that “clearly show[s] a combat[-]related event.”
Cited 0 timesPublishedAmerican Airlines, Inc. v. United States
75 Fed. Cl. 237 · United States Court of Federal Claims · Nov 30, 2006
So there clearly is at least one other way to collect, and we don’t know just what— THE COURT: What specifically do you want to do? … Therefore, to the extent the Government is now seeking discovery to establish a counterclaim or set off, that time has passed.
Cited 3 timesPublished12 I. & N. Dec. 182 · Board of Immigration Appeals · Jul 1, 1967
children here, who engages in labor-part-time employment doing ironing at Home, having previously been employed as a full-time housekeeper—is not exempt from the labor certification requirements for the purpose of qualifying … Deportability is clearly established. 182 Interim Decision #1728 Respondent married in Tonga in 1957 and divorced her husband in 1965
Cited 2 timesPublishedNash v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 1, 2022
Petitioner alleges that her minor daughter, U.C.N. suffered immune thrombocytopenic purpura (“ITP”) as a result of her February 16, 2016 Measles Mumps Rubella (“MMR”) vaccination. … There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to.
Cited 0 timesUnpublishedPasta Zara Spa v. United States
703 F. Supp. 2d 1317 · United States Court of International Trade · Apr 7, 2010
Partly as a result of that dispute, they disagree on the issue of whether the sales of Zara’s subject merchandise qualified as export price sales. … Taken together, the two points establish that an analysis of selling activities alone is insufficient to establish the LOT.
Cited 3 timesPublishedGodfrey v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 22, 2014
DECISION DISMISSING CASE1 On May 29, 2012, Ashton Godfrey filed a petition seeking compensation under the National Vaccine Injury Compensation Program2 alleging that he suffered from an immune mediated illness as … Further, Petitioner has not opted not to attempt to establish that his alleged injuries were vaccine-caused. In this case, Mr.
Cited 0 timesUnpublishedUnited States Court of Federal Claims · Apr 3, 2025
Cir. 2012) (en banc) (“[T]he Government not only waived sovereign immunity for its own unlawful use or manufacture of a patented invention, but, in most cases, assumed liability when its contractors did so.”). … That statute clearly tracks Article III’s “case-or-controversy requirement,” Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992), and thus imports its minimum standards.
Cited 0 timesPublishedUnited States Court of Federal Claims · Apr 3, 2025
Cir. 2012) (en banc) (“[T]he Government not only waived sovereign immunity for its own unlawful use or manufacture of a patented invention, but, in most cases, assumed liability when its contractors did so.”). … That statute clearly tracks Article III’s “case-or-controversy requirement,” Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992), and thus imports its minimum standards.
Cited 0 timesPublishedSchneidermann v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 15, 2026
(citing Phil Alderson, Absence of Evidence is not Evidence of Absence: We Need to Report Uncertain Results and Do it Clearly, 328 BMJ 476 (2004) (Ex. 25)).) … Regarding Althen prong two, petitioner relies on the following as “key” points: a temporal association between vaccination and onset of symptoms; the established role of cytokines in pain syndromes; “the possibility of immune
Cited 0 timesUnpublished
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