Case law

Ad Hoc Committee of Florida Producers of Gray Portland Cement v. United States

25 F. Supp. 2d 352 · United States Court of International Trade · Sep 11, 1998

Two conditions must be satisfied to qualify for the exception. First, the challenged action must have been too short in duration “to be fully litigated prior to its cessation or expiration.” … A review of available sources establishes that the suspension agreement at issue is still in effect.

Estate of Palmer v. Commissioner

86 T.C. 66 · United States Tax Court · Jan 22, 1986

Fisher holds a real estate brokers license and has been qualified as an expert real estate valuation witness in numerous courts, including this Court. Stewart is an architect. … Clearly, the selling price would not have been less than this amount. Elsewhere on brief, petitioners assert the following: Mr.

Proctor v. United States

United States Court of Federal Claims · Jul 31, 2025

The United States Court of Federal Claims has limited jurisdiction and may only hear a claim against the United States if Congress has specifically waived the government’s sovereign immunity from such a suit. … That Court clearly addressed the timeliness of the APA claims, and its holding “precludes this court from considering the timeliness issue again.” Angel, 172 Fed. Cl. at 117.

Truett v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 1, 2022

Trollmo et al., Intra-articular immunization induces strong systemic immune response in humans, 82 CLIN. EXP. IMMUNOL. 384 (1990) (Ex. 33); Qiuling Shi et al., People in pain: do they seek relief? 8(8) J. … However, this is not preponderantly established by the medical record evidence. Dr.

Lemmons v. United States

496 F.2d 864 · United States Court of Claims · May 15, 1974

The record clearly establishes that plaintiff voluntarily chose not to move his tipple because he believed it would not be worthwhile, cost-wise, to do so. … There is no question but that defendant had a paramount right to revoke the permit with complete immunity from damage claims resulting therefrom. United States v.

International Graphics, Division of Moore Business Forms, Inc. v. United States

31 Cont. Cas. Fed. 71,963 · United States Court of Claims · Dec 23, 1983

Defendant is likewise correct in its assertion that Congress’s waiver of sovereign immunity in § 1491(a)(3) is to be strictly construed and may not be expanded by implication. Speco Corp. v. … subsequent agency action from divesting this court of jurisdiction, once jurisdiction is established. 715 F.2d at 1481 .

Gro-Green Products, Inc. v. United States

3 Cl. Ct. 639 · United States Court of Claims · Nov 2, 1983

The agreements established a procedure for the submission by the registrants, and the review by the EPA, of indemnification claims. … The agreements also established a procedure for the acceptance by the EPA of certain silvex pesticides for safe disposal.

General Dynamics Corp. v. United States

47 Fed. Cl. 514 · United States Court of Federal Claims · Sep 15, 2000

Notwithstanding their position that the identity of the contractor is clearly established on the face of the contract, plaintiffs also refer to extrinsic evidence in support of their view that GDC is the contractor. … This fact is clearly evident in the legislative history of the Act. See 143 CONG. REC. S7145, S7169-79 (July 10,1997). Sen.

Mannheimer Charitable Trust v. Commissioner

93 T.C. 35 · United States Tax Court · Jul 12, 1989

The agreement must also clearly specify the purposes of the grant. … Mannheimer, established for the purpose of promoting his interests in what could plainly qualify as tax-exempt fields.

Pipes v. United States

United States Court of Federal Claims · Jan 7, 2022

Air Force Manual Chapter four of AFMAN 36-8001 establishes administrative prerequisites for IDT status. … According to the plaintiff, the “[d]efendant is clearly and deliberately changing positions according to the exigencies of the moment and it has consistently done so over the course of the last several years of litigation

Pistachio Group of the Ass'n of Food Industries, Inc. v. United States

671 F. Supp. 31 · United States Court of International Trade · Sep 29, 1987

The pricing information was provided at the time slightly beyond the deadline established. 3. … Furthermore, the decisions made pursuant to subdelegation were not absolutely immune from review, as defendants contend the exchange rate decisions are in this case.

United States v. Optrex America, Inc.

560 F. Supp. 2d 1326 · United States Court of International Trade · Jun 9, 2008

To establish a defense of reasonable care, the Committee believes that an importer should consider utilization of one or more of the following aids to establish evidence of proper compliance: seeking guidance from the Customs … While in this case Optrex is assigned the lowest level of culpability under § 1592(a), for the benefit of the trade community it is .important to clearly define conduct that is negligent.

Rice v. Commissioner

7 T.C. 223 · United States Tax Court · Jun 26, 1946

This situation clearly leads to the conclusion that George Rice waived his right to the payment of $ 54,500 loan due from Adele Stern Rice's estate. … The specific items in question were properly identified as a part of her estate, were not used to pay the decedent's debt, and their value at the date of her death has been established to have been $ 72,518.12.

Huntington Nat'l Bank v. Commissioner

13 T.C. 760 · United States Tax Court · Nov 21, 1949

C. 387 , that the use of established mortality tables, which are evidentiary only, must give way to the proven facts which show a less life expectancy. … Although he states in his brief that such bank would necessarily have to be reinstated by the probate court in order to qualify for further administration of the estate, he also states that the fact that Huntington National

Melson v. United States

United States Court of Federal Claims · Oct 18, 2022

The burden is on the plaintiff to show “by ‘cogent and clearly convincing evidence’ that the decision of the military correction board fails this [substantial evidence] standard.” Watson v. United States, 113 Fed. … Because the standards are different, the finding that Melson was not fit for appointment as a commissioned officer does not establish that he was unfit to perform his duties.

SOSA VENTURA

25 I. & N. Dec. 391 · Board of Immigration Appeals · Jul 1, 2010

The Act permits TPS to be granted despite an alien’s inadmissibility, but it requires a waiver of the grounds of inadmissibility in order to qualify for TPS. … It was premised upon the recognition that individuals fleeing life-threatening natural disasters, such as drought or famine, or “the existence of a generalized state of violence within a country” did not establish a basis

Vargas v. United States

114 Fed. Cl. 226 · United States Court of Federal Claims · Jan 27, 2014

The Tucker Act waives the sovereign immunity of the United States to allow a suit for money damages, United States v. … Hurtado clearly alleges in her complaint that she dealt with officials with such authority.

Willis v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 2, 2025

A.W. was referred to a neurologist and advised to refrain from immunizations until the neurology evaluation was completed. Id. When Dr. … It is clearly established that secretarial work “should be considered as normal overhead office costs included within the attorneys’ fee rates.” Rochester v. U.S., 18 Cl. Ct. 379, 387 (1989); Dingle v.

Heritage of America, LLC v. United States

77 Fed. Cl. 66 · United States Court of Federal Claims · May 16, 2007

Plaintiff has already established its entitlement to prevail on the merits. … The Court understands that “mere loss of money does not qualify as irreparable harm if the party can be made whole through money damages.” Hawaiian Dredging, 59 Fed.Cl. at 317 .

Baron Tube Co. v. United States

39 Cust. Ct. 85 · United States Customs Court · Aug 22, 1957

Neither is there evidence to controvert the facts, established by competent and qualified witnesses, that the cylindrical shape of the article bears upon its capacity to perform these functions and that this material is substantially … Anything more is clearly an advancement, and the higher rate attaches.