Case law

Gilliam v. United States

125 Fed. Cl. 624 · United States Court of Federal Claims · Mar 22, 2016

[Plaintiffs] misconduct in this case clearly outweighs the positive aspects of her service. … The individual challenging a correction board decision bears the burden of establishing, by "cogent and clearly convincing evidence," that the board acted improperly. Arens v. United States,969 F.2d 1034,1037 (Fed.

Bar 9 Farms, Inc. v. United States

25 Cl. Ct. 392 · United States Court of Claims · Feb 28, 1992

Fred Moore established four separate trusts for his children; each child is the sole beneficiary of the trust which bears his or her name. … The transaction contemplated in the handbook hypothetical is the transfer of land, not the commingling of funds and assets, which is clearly prohibited by section 795.3.

Application of the Anti-Nepotism Statute to a Presidential Appointment in the White House Office

Department of Justice Office of Legal Counsel · Jan 20, 2017

The Cramton Memo is brief but unequivocal: section 3110, we said, “seems clearly applicable to . . . positions on the White House staff.” Id. at 2. … We deter- mined that the Mental Health Commission, which would be established by executive order and assigned specific authorities, would “clearly” qualify as an independent establishment within the “comprehensive” meaning

Blinderman Construction Co. v. United States

35 Cont. Cas. Fed. 75,716 · United States Court of Claims · Sep 8, 1989

Plaintiff’s interpretation of the contractual provisions does not qualify as reasonable, thereby negating the existence of the ambiguity for which plaintiff contends. … Plaintiff claims that the Corps did not clearly indicate that fire dampers were required for the 145 one-hour fire rated partitions.

Bhutta v. Comm'r

145 T.C. 351 · United States Tax Court · Dec 22, 2015

Rul. 55–211, supra, and qualifies for an exemption under treaty art. XII. … The record clearly proves that petitioner’s purpose in the United States during 2010 was to receive medical training.

Hanes v. United States

44 Fed. Cl. 441 · United States Court of Federal Claims · Aug 6, 1999

By letter dated March 26, 1990, plaintiff advised the Commandant of her belief that a one-year extension did not qualify as the “tour of duty” for which she had volunteered. … In the instant case, the Secretary’s delegate, the Coast Guard, has established pursuant to this authority a policy that “[r]eserve officers who have once failed of selection for promotion may request an extension on active

Precise Systems, Inc. v. United States

120 Fed. Cl. 586 · United States Court of Federal Claims · Apr 6, 2015

The SBA’s initial decision “clearly elevate[d] form over substance.” Id. … As Precise urged during oral argument, Maryland law does not prohibit an entity from establishing multiple “series” within a “class.” Tr. 47:6–14.

Pacific Service Stations Co. v. Mobil Oil Corp.

689 F.2d 1055 · Temporary Emergency Court of Appeals · Sep 17, 1982

First, the assumption that appellants were the only members of the class of purchaser to which they should have been assigned is entirely arbitrary and clearly favors Mobil. … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

Suess v. United States

74 Fed. Cl. 510 · United States Court of Federal Claims · Dec 13, 2006

But everybody knew, the market clearly knew, that something bad was going to happen to the savings and loan industry.” March 12, 1999 Tr. at 4351 (emphasis added). As a result, “stock prices were very depressed.” … Since sovereign immunity has not been waived for this very real element of damage this Court must under its oath to follow the law deny any claim for this just amount due.

J.E. Ryckman

United States Tax Court · Aug 1, 2024

No. 105-206, § 3401, 112 Stat. 685, 746–50, and would clearly be controlling under the last-in-time rule if the Treaty and the CDP statutes could not be harmonized. … Cir. 2023) (discussing “treaty exception” text in the  25 Foreign Sovereign Immunities Act); Moore v.

Lee v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 2, 2016

She then 3 Menarche is “the establishment or beginning of menstruation.” Menarche, Dorland’s Illustrated Medical Dictionary (32nd ed. 2012) (hereinafter “Dorland’s”). … Secondary amenorrhea is “cessation of menstruation after it has once been established at puberty.”

Azteca Milling Co. v. United States

703 F. Supp. 949 · United States Court of International Trade · Dec 20, 1988

Plaintiff contends that, in its patented process of making prepared corn flour products from United States-grown corn, the corn is substantially transformed into three distinct intermediate products, thus qualifying the imported … The products resulting at certain steps in plaintiff’s patented process may be more refined than the constituent material of corn, but, nevertheless, are clearly recognizable as processed corn.

Morris v. Brown

10 Vet. App. 286 · United States Court of Appeals for Veterans Claims · Jun 6, 1997

In the appellant’s motion for panel review pursuant to Rule 35 of this Court’s Rules of Practice and Procedure, he has alleged that this judge is “clearly biased toward [his] case” and “prejudiced toward [him].” … Without any comment the initial judge is Judge Farley, a career government employee that is clearly biased toward my case.

S-E-M-Z

Board of Immigration Appeals · Jun 5, 2026

In order “to qualify under the statute and Board precedent, when an applicant proposes a group composed of a specific family unit, he must show that his proposed group has some greater meaning in society.” Id. at 594. … While this finding is grounded in the record and is not clearly erroneous, the Immigration Judge erred by focusing on a specific neighborhood to determine the concept of social distinction, instead of the relevant society

Sassy, Inc. v. United States

24 Ct. Int'l Trade 700 · United States Court of International Trade · Aug 2, 2000

Since the filing of post-trial briefs is an entitlement and not a right, the court deems Sassy to have waived its privilege by failing to file a brief within the time limits established. … Thus, a change in name clearly occurs. A change in character also occurs.

Kottenstette v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 11, 2020

Special Master Horner found that the petitioners had failed to establish by a preponderance of the evidence that vaccination, as opposed to infection, could start a seizure-triggering immune response. Id. at 20. … Special Master Horner rejected as insufficient the petitioners’ evidence that C.K.’s DTaP vaccine caused a non-genetic, inflammatory immune response that the petitioners established could affect the onset of infantile spasms

Henry E. & Nancy Horton Bartels Trust ex rel. Cornell University v. United States

88 Fed. Cl. 105 · United States Court of Federal Claims · Jul 1, 2009

Shared motivation alone is insufficient to qualify for this “same interests” requirement; rather, the earlier party must have had some legal obligation to vindicate the rights of the non-party later precluded. … Clearly, the first and last of the six Taylor categories do not apply to this ease.

Pave-Tech Inc.

Armed Services Board of Contract Appeals · Mar 23, 2022

Discussion The standards for summary judgment are well established. … While there are not clearly defined boundaries as to what does and does not qualify as special circumstances, we have disallowed the use of per diem costs in a materially similar fact pattern.

Kilpatrick v. Principi

16 Vet. App. 1 · United States Court of Appeals for Veterans Claims · Feb 8, 2002

Brown, 6 Vet.App. 277 (1994), is "plain on its face" in clearly precluding non-chapters 11 and 13 ancillary benefits (Suppl. Br. at 10). … 13 during hospital treatment, incurred injuries resulting in ankylosis, but excluding from benefits a veteran who suffered a wrongful amputation (or some other non-ankylosis section 1151-qualifying

Wall Industries, Inc. v. United States

10 Cl. Ct. 82 · United States Court of Claims · May 28, 1986

We believe Kernis’ deposition testimony clearly supports these findings. … Pursuant thereto, we find defendant’s jurisdictional attack to be clearly factual in nature.