Case law

First Enterprise v. United States

61 Fed. Cl. 109 · United States Court of Federal Claims · Jun 25, 2004

There is no argument that plaintiff was a qualified bidder that was “within the zone of active consideration,” since it was the lowest bidder after Ace withdrew. Statistica, Inc., 102 F.3d at 1581 . … Applying these standards, this court finds that the contracting officer clearly had a rational basis for selecting DJM’s bid for alternate bid item 6.

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

Grobest & I-Mei Indus. (Vietnam) Co., Ltd. v. United States

853 F. Supp. 2d 1352 · United States Court of International Trade · Jul 31, 2012

The Court of Appeals has stated that “an agency abuses its discretion where its ‘decision (1) is clearly unreasonable, arbitrary, or fanciful; (2) is based on an erroneous conclusion of law; (3) rests on clearly erroneous … Cir. 2011) (noting that a clear error of judgment occurs when an action is “arbitrary, fanciful or clearly unreasonable”).

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.

North American Free Trade Association

Trademark Trial and Appeal Board · Jun 10, 1997

When viewed as this totality, we find that NAFTA qualifies as an "institution" 2 See Chapter Twenty, Article 2001(1). 3 See, for example, Chapter Twenty, Article 2002. 4 See, generally, Annex 2001.2. 5 See, generally … Clearly the Office has met its burden with respect to this requirement. 9 Ser No. 74/179,335 Applicant does not claim that it is part of, or established by, the NAFTA treaty.

Schaefer v. Commissioner

105 T.C. 227 · United States Tax Court · Sep 13, 1995

It is so well established as to not require citation that income from a valid covenant not to compete is ordinary income. … We conclude that the regulation under attack is clearly valid.

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.

Consumers Union of the United States, Inc. v. Sawhill

525 F.2d 1068 · Temporary Emergency Court of Appeals · Jul 7, 1975

The qualifying language, “to the maximum extent practicable,” was “intended to give the President administrative flexibility in marshalling short supplies and equitably assigning them to particular needs.” 2 A cursory reading … The majority need not presume what Congress intended when the legislative history clearly resolves statutory ambiguities. See supra, part I.

Passaro v. United States

4 Cl. Ct. 395 · United States Court of Claims · Jan 26, 1984

The logical inference to be deduced from the language and structure of the Act is that “(a)” and “(b)” of section 3 are not qualifying or merely supplementing provisions, but are instead integrating provisions bringing pre-SBP … These provisions clearly insure the attainment of that intent. [S.Rep. No. 1089, 92d Cong., 2d Sess. 29, reprinted in [1972] U.S.Code Cong. & Ad.News 3288, 3304; see id. at 66, [1972] U.S.Code Cong. & Ad.News at 3328.]

Clendenen v. Comm'r

85 T.C.M. 825 · United States Tax Court · Feb 12, 2003

Petitioners provided calculations to establish that the plan was qualified as of the taxable year ending June 30, 1987. … The declaratory judgment clearly examined the years at issue. We do not question those calculations. We therefore shall grant respondent’s motions for entry of decision.

Heraeus-Amersil, Inc. v. United States

10 Ct. Int'l Trade 197 · United States Court of International Trade · Mar 26, 1986

Plaintiff fails, however, to cite and deal with the compelling body of relevant case law, which clearly shows not only that an article is not classifiable as a tube merely because it is called a tube, see United States v. … In the case at bar, the evidence at trial establishes that plaintiff s Rotosil articles are used for purposes not ordinarily associated with tubes. As Mr.

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

Viraj Group, Ltd. v. United States

162 F. Supp. 2d 656 · United States Court of International Trade · Aug 15, 2001

Under that regulation, Commerce presumptively establishes the date of sale as the invoice date unless a different date better reflects the date on which the material terms of sale were established. … The statute clearly seems to establish only one exception to its general rule.

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

PRYOR v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Sep 3, 2026

As such, they are considered diseases of innate immunity, although “cells more typically associated with adaptive immunity ([e.g.,] lymphocytes) may also contribute to autoinflammation.” Id. … This means the pathogenesis of the disease primarily involves the innate immune system, as opposed to the adaptive immune system.

Wadewitz v. Commissioner

39 T.C. 925 · United States Tax Court · Mar 20, 1963

corpus during her lifetime and with remainders over of any residue which may be left at her death, has likewise been held to be a terminable interest which is not includable in her gross estate (and which therefore does not qualify … Their interests under the contract clearly were not derived from the estate of Wadewitz.

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”).

American Motorists Insurance v. United States

737 F. Supp. 648 · United States Court of International Trade · May 10, 1990

Subsection (c)(2) of section 1514 establishes the 90-day time period, noted above, within which a protest provided for by that section must be filed. … To qualify under that standard, a demand for payment must “provide a surety sufficient means of ascertaining the bond on which demand for payment is being made”. Id. at 4-5, 625 F.Supp. at 986 .

Lipp v. United States

181 Ct. Cl. 355 · United States Court of Claims · Oct 13, 1967

These requirements clearly place the onus on the Army. 7 If the presumptions are not rebutted, the serviceman is entitled to the benefit of them. … He was found to be physically qualified for active service except for a deficiency of a quarter of an inch in height, which was waived.

Taproot Admin. Servs. v. Comm'r

133 T.C. 202 · United States Tax Court · Sep 29, 2009

But the regulation's establishment as a general principle that title won't matter if stock is held by one entity for another was an avulsive change. … Mead Corp. , supra , because they clearly fail the test's second prong. See Nelson v.