Case law

Amendola v. Secretary of the Department of Health & Human Services

23 Cl. Ct. 621 · United States Court of Claims · Jul 16, 1991

Sperry & Hutchinson Co.], 511 F.2d [225] at 229 [(9th Cir.1975)]); (3) the court’s findings are clearly erroneous (Deitchman [v. E.R. … However, the Act establishes the precise scenario that petitioners describe.

Schooling v. United States

63 Fed. Cl. 204 · United States Court of Federal Claims · Nov 30, 2004

The general perception was that “appeals processes [were] so lengthy and complicated that managers [in the civil service] often avoidfed] taking disciplinary action” against employees even when it was clearly warranted. … To qualify for this exception, the challenged action must meet two conditions. First, the action must “in its duration be too short to be litigated prior to its cessation or expiration.” Id.

Maldonado v. Brown

6 Vet. App. 48 · United States Court of Appeals for Veterans Claims · Nov 16, 1993

Furthermore, the VA noted that the record established that his discharge on October 10, 1968, was valid and irrevocable. … This doctrine is limited to those situations where the individual has clearly voluntarily submit *52 ted himself to a change in status from civilian to military. See Norman, supra.

Department of Justice Participation on the Internal Revenue Service Undercover Review Committee

Department of Justice Office of Legal Counsel · Oct 8, 1996

The request must also establish that the undercover operation is the only effi­ cient investigative alternative available. IRM 931 at 9781-553. … The qualifying requirements for Group I operations necessarily limit the types of requests made to the Committee.

Alluviam, LLC v. United States

128 Fed. Cl. 310 · United States Court of Federal Claims · Sep 16, 2016

Defendant and Intervenor argue that Alluviam does not qualify as an “interested party” in this case, and thus lacks standing to protest the contracts at issue. … Further, the contract goals to which Alluviam objects, including improvement of decision support tools and training on use of the tools, were clearly stated in the solicitations.

Schultz v. United States

92 Fed. Cl. 213 · United States Court of Federal Claims · Apr 16, 2010

Fraud Recovery Group “assist[s] victims of investment fraud in filing for income tax refunds from particular investments that qualify under” section 165(c)(2). Tr. 9. In April 2006, Mr. … Elsass described how he was able to remember which receipt corresponded to which of the three parcels: Q: What I want to understand ... is how is it as you sit here today that you can tell us so clearly which items ... went

Nationwide Roofing & Sheet Metal Co. v. United States

34 Cont. Cas. Fed. 75,491 · United States Court of Claims · May 13, 1988

On April 22, 1985, the Comptroller General issued a decision on Nationwide’s protest upholding the Air Force’s reliance on GAO precedent to establish ABCO’s bid as responsive and upholding the Air Force’s decision to terminate … Once ABCO’s bid was declared to be responsive, ABCO qualified as the lowest responsive bidder.

Weis v. Commissioner

13 B.T.A. 1284 · United States Board of Tax Appeals · Oct 30, 1928

In 1918 the petitioner and Frank Dillman were interested in a corporation known as the Dillman Egg Case Co., owning between them all of the outstanding capital stock save a few qualifying shares. … In the instant case no such situation existed and therefore we are of the opinion that the Davis case establishes no rule upon which the issue here can be decided.

10-10 091

Board of Veterans' Appeals · Apr 30, 2015

The examiner stated that STRs from March 1968 clearly documented that the Veteran received a shot of PCN and had itching for 30 minutes, felt numb for two hours, and then the symptoms resolved. … And it is not argued or shown that the Veteran is qualified through specialized education, training, or experience to make such a diagnosis. Id. See also Routen, 10 Vet.

Environmental Chemical Corporation

Armed Services Board of Contract Appeals · Jul 15, 2022

Although the wire packaging clearly displays the TSE symbol, it does not display the CE mark. … Our findings establish ECC is entitled to $916,840 in compensable delay costs.

Ryer v. United States

28 Cust. Ct. 153 · United States Customs Court · Apr 3, 1952

R. yincent, who, as a result of many years’ experience at various lands of'printing, was well qualified on the subject, testified that he was plant manager of the Cleveland division of Magill-Weinsheimer Co., the consignee … We shall now examine the testimony of the two witnesses offered by the defendant in an effort to establish the correctness of the collector’s classification.

Pence v. United States

52 Fed. Cl. 643 · United States Court of Federal Claims · Jun 20, 2002

Plaintiff must make her case *646 through cogent and clearly convincing arguments. Id. B. … It is not for this Court, however, to act as a legislative body by filling in the interstices of otherwise clearly elaborated statutory provisions. IV.

Who Qualifies as a "Very Senior" Employee Under 18 U.S.C. § 207(d)(1)(B)

Department of Justice Office of Legal Counsel · Jan 19, 2017

We therefore believe that additional pay should be disregarded unless the statute’s text clearly indicates otherwise. … That understanding derives from the statute establishing locality-based comparability payments, which states that such payments “shall be considered to be part of basic pay” for cer- tain specified purposes and “for such

Briggs v. Commissioner

72 T.C. 646 · United States Tax Court · Jul 9, 1979

Because the qualifying words are in the granting part of the agreement and clearly connected with the word “conveyance,” the restrictions are conditions rather than covenants. Biescar v. Czechoslovak-Patronat, supra. … If ANIOFI failed to use the ranch for the establishment of the center, petitioner intended to retake the land and hold it for another group which was willing and able to establish the center.

Hill v. United States

8 Cl. Ct. 382 · United States Court of Claims · Jun 27, 1985

. § 1500 , this court is constrained to conclude that said statute is applicable and established precedent mandates that plaintiff’s complaint must be dismissed for want of jurisdiction. … Nevertheless, on December 3, 1982, Army medical personnel examined plaintiff and concluded that she was then medically qualified.

Allegheny Bradford Corp. v. United States

350 F. Supp. 2d 1332 · United States Court of International Trade · Dec 23, 2004

First, the Customs protest procedure provided in § 1514 was clearly inappropriate to address a violation of a court order. … Consequently, Top Line failed to provide sufficient evidence from which to determine whether any of its attorneys justified a higher fee than the statutory rate for reasons such as a limited number of “qualified attorneys

Furniture Brands International, Inc. v. United States

807 F. Supp. 2d 1301 · United States Court of International Trade · Oct 20, 2011

Court No. 07-00026 Page 12 allocate and distribute these duties to ADPs annually as reimbursement for qualifying expenditures. … the Byrd Amendment does not fail the equal protection review applicable to statutes that disadvantage protected speech.”); id. at 1360 (“Because it serves a substantial government interest, the Byrd Amendment is also clearly

Gillespie v. Commissioner

20 B.T.A. 1068 · United States Board of Tax Appeals · Sep 30, 1930

The record abundantly establishes that Heltzell was acting for petitioner in tax matters with his knowledge. … The evidence in this case clearly shows that the facts were not “ suppressed or unknown.” Law v.

Berry Petroleum Co. v. Commissioner

104 T.C. 584 · United States Tax Court · May 22, 1995

This fact, plaintiff claims, establishes that Berry undervalued Rincon. … Although the establishment of an initial purchase price may be more clearly a part of the process of acquisition than the issues in the Wiegand litigation, our task in the case at hand is “to determine whether the origin

Lisa M. Davenport v. Department of the Navy

Merit Systems Protection Board · Feb 19, 2015

In order to establish a disability-based failure to accommodate, an employee must show that: (1) she is an individual with a disability; (2) she is a qualified individual with a disability, as defined by 29 C.F.R … Miller, 121 M.S.P.R. 189, ¶ 13. ¶10 Although the administrative judge found it undisputed that the appellant is disabled, he concluded that the appellant failed to establish that she is a qualified