Case law

R. J. Saunders Co. v. United States

29 Cust. Ct. 204 · United States Customs Court · Oct 21, 1952

The present case is clearly distinguishable from the Olivier Straw Goods Corp. case, supra. … To make; constitute; form; establish. In United States v.

Koehl v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 3, 2025

When Petitioner was seen at OSF OH on March 28, 2018, the records “clearly state[] . . . that he’s been having problems with the back of his hands bilaterally with thinning of the skin . . . and that those problems began … Possibilities are not sufficient to establish causation. See, e.g., Waterman, 123 Fed.

Estate of Martin W. Griffin, Christopher Griffin, Petitioner(s)

United States Tax Court · May 19, 2025

power of appointment, the Trustee shall distribute any unappointed property of the Trust Estate to the Beneficiary’s then living Descendants, or a trust  4 [*4] established … Creel), or that the trustee has clearly laid out duties to perform, or that the trustee and the beneficiary are different persons.

Hasty v. West

13 Vet. App. 230 · United States Court of Appeals for Veterans Claims · Dec 9, 1999

Well-Grounded Claim DIC is paid to the surviving spouse, children, or parents of a qualifying veteran who dies from a service-connected disability. 38 U.S.C. § 1310 . … In this case, the Court finds that the appellant’s claim is not well grounded because she has failed to provide any medical evidence which establishes a relationship between any of the causes of her husband’s death and his

Contreras v. Secretary of Health and Human Services

116 Fed. Cl. 472 · United States Court of Federal Claims · Jun 16, 2014

The court has found no authority, however, which states that a credibility determination is immune from review, particularly where, as here, extrinsic evidence has subsequently been disclosed which shows a lack of candor … Sladky provided more than one opinion in this case, as the record clearly shows. At the time of the filing of Dr. Sladky’s first report, petitioner’s expert Dr.

Utility Contractors, Inc. v. United States

32 Cont. Cas. Fed. 73,446 · United States Court of Claims · Apr 22, 1985

Since there are no allegations of earthquake damage, the questions that remain are: What qualifies as flood damage and do the conditions set forth in this complaint qualify as such. … The contract very clearly places upon appellant responsibility to protect uncompleted work.

Universal Percussion, Inc. v. United States

19 Ct. Int'l Trade 546 · United States Court of International Trade · Apr 13, 1995

The unfavorable terms of a settlement agreement, without inquiry into the reasons for settlement, cannot conclusively establish the weakness of the Government’s position. … furnished, except that * * * (ii) attorney fees shall not be awarded in excess of $75 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified

Baker v. United States

34 Fed. Cl. 645 · United States Court of Federal Claims · Dec 12, 1995

The section of the Charge establishing the criteria to be applied in considering women and minorities reads: Your evaluation of minority and women officers must clearly afford them fair and equitable consideration. … In order to ensure fairness, DOD Directive 1332.32(e)(1) establishes a right to a centralized process of SERB selection.

Anderson v. United States

16 Cl. Ct. 530 · United States Court of Claims · Mar 24, 1989

Such a school system was established in Bermuda. The school established at the United States Naval Air Base in Bermuda was known as the Roger Chaffee School. … The totality of these circumstances clearly support the view that the allowances in question are not “remuneration” or “compensation for services.”

Mirman v. Reconstruction Finance Corp

194 F.2d 290 · Emergency Court of Appeals · Feb 7, 1952

The "new" quotas were merely the sum total of the former individual quotas. 3 Although the partnership had no authorization to slaughter or to qualify for subsidies until June 18, 1946, a claim for payments for the month … Applying to these figures were the percentages established by Amendment 4 to Supplement 1 of Control Order No. 2, 11 Fed. Reg. 9691 , i. e. 90% for each species.

Vanore v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 27, 2024

This kind of argument rests on a faulty logic common in Program cases: if vaccines stimulate the immune system, and there is a possible immune-mediated pathogenic explanation for an injury, then the expected immune process … Items of literature more specific to the ear, like Adams, did not establish that SNHL is only or predominantly mediated by immune processes, did not evaluate the extent to which a viral infection could cause this kind of

OBEYA

26 I. & N. Dec. 856 · Board of Immigration Appeals · Jul 1, 2016

According to 2 The Immigration Judge did not clearly err in finding that the respondent’s relevant date of admission is August 12, 2004, and that his conviction is based on conduct that occurred within 5 years after that … A temporary taking will not establish the larcenous intent.”).

Alaska Structures, Inc. v. United States

United States Court of Federal Claims · Nov 7, 2019

Potential bidders had to provide pricing information for shelters and “product data on the item(s) being quoted [that were] detailed enough for the [Air Force] to clearly determine that the item(s) meet the salient [minimum … Both of the qualified offers thus submitted verification that moots this claim of error.

International Bldg. Co. v. Commissioner

21 B.T.A. 617 · United States Board of Tax Appeals · Dec 10, 1930

A few of the shares of stock owned by Chouteau are of record in the names of two directors for qualifying purposes. … We find no difficulty whatever in agreeing with the petitioner that his services were clearly of value to the petitioner.

Distributed Solutions, Inc. v. United States

104 Fed. Cl. 368 · United States Court of Federal Claims · May 2, 2012

“The Federal Circuit found that Plaintiffs were clearly prospective offerors, as they each submitted qualifying proposals, participated in the RFI process, and ... … Similarly, in Distributed Solutions, the Federal Circuit found that plaintiffs were clearly prospective offerors, as they each submitted qualifying proposals, participated in the RFI process, and “were prepared to submit

Thomas v. United States

56 Fed. Cl. 112 · United States Court of Federal Claims · Apr 7, 2003

If the provision is found to be “money-mandating,” the party need not rely upon a waiver of sovereign immunity beyond the Tucker Act. See Huston v. … However, the IRS documents indicate that plaintiff filed his claim too late to qualify as a timely refund. The records state that Mr.

Worldtravelservice v. United States

49 Fed. Cl. 431 · United States Court of Federal Claims · May 21, 2001

NIH sent the solicitation to thirty-four firms, and six qualifying offers were submitted to the agency. After reviewing these six proposals, NIH awarded the contract to the incumbent, WTS, on November 10, 1999. … NIH’s description of Omega’s offer clearly indicates that NIH reached that conclusion.

Sandoval v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 15, 2019

Costouros has served as an expert witness in the Vaccine Program and is qualified as an expert in orthopaedic surgery. 5 Dr. … She was able to…adequately and clearly explain the difference that the right shoulder injury…caused a significant change in her pain…” Tr. 290.

Housing Authority of the City of New Haven v. United States

United States Court of Federal Claims · Dec 10, 2018

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.” … Here, as in Holmes, plaintiffs rely on an express contract—in the instant case, the standard MTW agreement—to establish Tucker Act jurisdiction.

NSK Ltd. v. United States

19 Ct. Int'l Trade 1013 · United States Court of International Trade · Aug 1, 1995

Therefore, NSK had sufficient basis for establishing an adequate record. … In addition, Commerce clearly articulated its rationale for conducting a “further processing” analysis in this review.