Case law

Oroville-Tonasket Irrigation District v. United States

40 Cont. Cas. Fed. 76,746 · United States Court of Federal Claims · Mar 14, 1995

Clearly by the contract in question, the government has procured the services of OTID to operate and maintain a government-owned facility. This is a procurement of services. … This legislation has been held to waive sovereign immunity for suits on a reclamation law contract against the United States in a district court, when declaratory or equitable relief not comprising a CDA claim is sought.

Christian v. United States

46 Fed. Cl. 793 · United States Court of Federal Claims · Jun 5, 2000

The Concept of Operations established four phases for the SERB’s internal decision making. … The SERB was clearly instructed to apply one standard to one racial group and a different standard to another racial group.

Youngdale & Sons Construction Co. v. United States

39 Cont. Cas. Fed. 76,667 · United States Court of Federal Claims · May 5, 1994

Plaintiff clearly retained the absolute right to apply for certiorari up until the expiration of the 90 days allowed under Supreme Court Rule 13 and 28 U.S.C. § 2101 (c). 4. … plaintiffs original submission. 13 The court finds, therefore, that plaintiffs January 3, 1994 submission was filed before the January 22, 1994, jurisdictional filing deadline, and in fact contained the requisite information to qualify

Davenport v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 12, 2023

Klauder for left shoulder pain “since immunization…in September.” Ex. 3 at 22. He reported his pain had returned after temporary relief he attributed to the prednisone. … Section 11(c)(1)(C). 3 In summary, a petitioner must establish that he received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying

Estate of Kolker v. Commissioner

80 T.C. 1082 · United States Tax Court · May 25, 1983

These three trusts clearly granted income interests. … The trust established by Kolker postpones the right to enjoy the trust distributions until June 13 of each year.

Orr Mills v. Commissioner

30 T.C. 150 · United States Tax Court · Apr 30, 1958

Petitioner’s outstanding stock, consisting of 4,000 shares of common stock, has at all times (except for 8 shares placed in the names of 8 directors for qualifying purposes) been owned by M. … The facts in this case are clearly distinguishable. It is held that the basis of the assets acquired by petitioner from Orr Cotton Mills is equal to the cost of the latter corporation’s stock.

Crawley v. United States

United States Court of Federal Claims · Jun 10, 2020

That provision, they allege, “clearly provides for up to three years’ payments; that is, it states that ‘the total amount of relocation incentive payments paid to an employee in a service period may not exceed 25 percent … [because] ‘the government has not waived its sovereign immunity with regard to a promissory estoppel cause of action.’”). III.

Stelco Holding Co. v. United States

44 Fed. Cl. 703 · United States Court of Federal Claims · Sep 9, 1999

Caselaw clearly puts the burden on plaintiffs to establish the facts that give the court subject matter jurisdiction over its complaint. Reynolds, 846 F.2d at 748 . … Although the record clearly establishes Stelco’s culpability beyond reasonable dispute, our task is complicated by the defendant’s conduct, which is hardly beyond reproach.

Willamette Indus. v. Commissioner

92 T.C. 1116 · United States Tax Court · May 23, 1989

Thus, the Senate Supplemental Report clearly statedthat a mere entry on the taxpayer’s books, the purchase of a bond to secure eventual payment of a judgment, or transfer of funds to an account within the taxpayer’s control … did not qualify for a deduction.

KUMAR

17 I. & N. Dec. 315 · Board of Immigration Appeals · Jul 1, 1980

Here, the respondent's original investment in the clothing business could not qualify him for an exemption from the labor certification requirements even under the less restrictive standards of 8 C.F.R. 212.8(b)(4) in effect … The respondent has accordingly failed to establish eligibility for investor status and the appeal from the denial of his adjustment application will be dismissed for that reason.

Kramer v. Commissioner

27 B.T.A. 1043 · United States Board of Tax Appeals · Apr 3, 1933

However, it is clearly established that in 1916 said patents were not owned directly either by Julius Kramer or by the petitioner Schnadig. … The petitioners offered evidence to establish the value at said date as distinguished from cost.

Virtual Independent Paralegals, LLC

Trademark Trial and Appeal Board · Mar 27, 2019

Virtual Paralegals are contract, independent or freelance paralegals qualified by education, training or work experience who are employed or retained by a lawyer, law … Thus, the record falls short of establishing acquired distinctiveness.

Application of Gene O. Sinex

309 F.2d 488 · Court of Customs and Patent Appeals · Nov 14, 1962

in the art” indicates clearly to us that the board understood the examiner’s rejection to be based on 35 U.S.C. § 103 and intended to affirm the rejection on this basis. 4 We hold, therefore, that the appealed rejection … (a) The expression “for reconcentrating liquid dehydrating agents” is merely a statement of intended use and does not qualify or distinguish the structural apparatus claimed over the reference.

International Business Investments, Inc. v. United States

35 Cont. Cas. Fed. 75,668 · United States Court of Claims · May 31, 1989

The question at bar is whether a contract for guard and supervisory services was ambiguous, thus qualifying plaintiff for an equitable adjustment. … Defendant disagreed, stating that the terms of the contract clearly required two separate individuals to fill two different positions.

Kememu v. Secretary of Health and Human Services

United States Court of Federal Claims · Feb 23, 2026

Copeland noted that the bandage for her immunization appeared “to be very high,” and that Petitioner had tenderness to palpation in front of the vaccination area. Id. at 9. … Cl. 61, 65-66 3 In summary, a petitioner must establish that she received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for

Ammex, Inc. v. United States

116 F. Supp. 2d 1269 · United States Court of International Trade · Aug 25, 2000

conducted a review of admissible evidence and was qualified to reach conclusions about it. … See Defendant's Response To Plaintiff's Motion For Judgment Upon The Agency Record ("Defendant's Response") at 13-15; see also HQ 225287 at 4 ("Clearly, inclusion of this caveat [§1555(b)(3)] indicates an intent that the

McCaskill v. Commissioner

77 T.C. 689 · United States Tax Court · Sep 24, 1981

Clearly, the returns as filed contain sufficient information for respondent to make a computation of petitioners’ income tax liability. See White v. Commissioner, supra. … establish that he provided more for the support of such child during the calendar year than the parent not having custody.

Michaels Stores, Inc. v. United States

931 F. Supp. 2d 1308 · United States Court of International Trade · Aug 21, 2013

in question, the Secretary will apply the cash deposit rate established for the producer. … Failure to qualify for a separate rate means that Commerce will analyze the exporter through the lens of the presumption of state control. See id. at 1373 (citing Sigma Corp., 117 F.3d at 1405).

Keith Martin v. U.S. Postal Service

Merit Systems Protection Board · Nov 24, 2025

After fully considering the filings in this appeal, we conclude that the petitioner has not established any basis under section 1201.115 for granting the petition for review. … misconduct because, as a result of their misconduct, they are not “otherwise qualified”).

O'Connor v. Commissioner

67 T.C.M. 2708 · United States Tax Court · Apr 19, 1994

In this case, regardless of the source of the funds used to pay the additional interest, the transfer distribution was clearly the direct consequence of petitioner's participation in the old retirement plan. … In fact, the source of the authority for the payment was the amendment to the State law governing pensions, the same law which established both the old and the new retirement plans. Md.