Case law

Langkamp v. United States

131 Fed. Cl. 85 · United States Court of Federal Claims · Mar 20, 2017

But, the Settlement Agreement, nonetheless, clearly provides that “the government will pay . . . a structured settlement.” Def. App. at A8. … As the United States Court of Appeals for the Federal Circuit recently recognized in Nutt, the principle of sovereign immunity compels a finding that the agreement at issue here does not obligate the government to guarantee

None

144 T.C. 279 · United States Tax Court · Apr 16, 2015

Article 7.1.A establishes the employee’s entitlement to vacations with full pay. Article 7.1.B establishes the right to accumulate unused vacation time. … Petitioners have not presented any evidence that clearly shows how many hours, if any, he accrued during those absences.

C&E Services, Inc. v. United States

United States Court of Federal Claims · May 23, 2022

It is reasonable to conclude that the loss of qualified, experienced personnel would put plaintiff in a relatively weaker position with regard to a potential future competition. … As such, the court finds that injunctive relief does not clearly serve the public interest in this case. FMC Corp., 3 F.3d at 427.

Antonio A. Versaci v. The United States

403 F.2d 246 · United States Court of Claims · Nov 15, 1968

Plaintiff accepted the findings of the Council. 2 Under Title IV of the Career Compensation Act of 1949, 63 Stat. 802 , §§ 401-414, 3 each service Secretary is required to establish a temporary disability retired list upon … But clearly this places too great stress on the individual hemorrhage and obstruction factors.

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

Hickman v. United States

135 Ct. Cl. 380 · United States Court of Claims · Jun 5, 1956

The purpose of the suit was to condemn the land for Camp ITowze, an Army camp which had been established in the spring of 1942. … The amount is in dispute, but the evidence clearly shows that at least 70,000 cubic yards were thus taken from the 530.6 acres of land owned by the plaintiffs.

Tabuchi v. Nubel

559 F.2d 1183 · Court of Customs and Patent Appeals · Aug 4, 1977

Japanese patent application” and further concluded that “In any event * * * the evidence as a whole establishes that Dr. … A Insofar as I can recall, every one was exactly what the American Type Culture Collection claimed it to be. *1189 We think that this testimony, from persons obviously well qualified to speak on such matters, overwhelmingly

Calvin A. Lim & Helen K. Chu

United States Tax Court · Jan 23, 2023

The record does not clearly establish whether Mr. Meyer has in fact returned property or cash to Integra or petitioners. In May 2019 petitioners and Integra filed suit against Mr. … The record does not clearly establish the circumstances surrounding this dismissal. Discussion I.

Ideal Innovations, Inc. v. United States

United States Court of Federal Claims · Oct 2, 2018

Therefore, Plaintiffs clearly “knew or should have known” of their potential injury before 2012. B. … As explained above, Plaintiffs clearly had knowledge of a potential injury by mid-2008.

Env't One Corp. v. United States

627 F. Supp. 3d 1349 · United States Court of International Trade · Apr 11, 2023

Defendants argue that “the summons must establish the court’s jurisdiction,” Defs.’ Mot. … Pursuant to USCIT Rule 3(e), “the court may allow a summons to be amended at any time . . . unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the amendment

Ashland Oil, Inc. v. Commissioner

95 T.C. 348 · United States Tax Court · Sep 27, 1990

or similar establishment is. … He also, however, does not expressly question that characterization, which petitioners clearly asserted in their motion.

Medina Construction, Ltd. v. United States

43 Cont. Cas. Fed. 77,458 · United States Court of Federal Claims · Apr 20, 1999

United States, 973 F.2d 1572, 1578-79 (Fed.Cir.1992) (applying “logical, common sense analysis” to find contractor’s submissions qualified as CDA claims) overruled on other grounds by Reflectone, Inc. v. … Plaintiff argues that the United States may be sued under certain circumstances in Portugal pursuant to the Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 .

Powers v. Commissioner

100 T.C. 457 · United States Tax Court · May 25, 1993

The fact that the Commissioner eventually loses or concedes the case is not in itself sufficient to establish that a position is unreasonable, Broad Ave. Laundry & Tailoring v. … Sovereign immunity is not a bar to imposition of rule 11 sanctions against the United States. Adamson v. Bowen, 855 F.2d 668, 672 (10th Cir. 1988); see also United States v.

M. v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 6, 2021

Steinman qualified his statement that the cross-reaction can occur in “nanoseconds.” Tr. 141:13–23. … In this case, Petitioner has established a prima facie case for compensation and has established her burden under Althen.

Tribune Co. v. Comm'r

125 T.C. 110 · United States Tax Court · Sep 27, 2005

Our first responsibility upon receipt of the disposition proceeds is to establish a short term portfolio management framework. … Second, petitioner asserts that “the evidence conclusively establishes that the parties valued the mbp Common at $1,375 billion.”

Awtry v. Commissioner

22 T.C. 91 · United States Tax Court · Apr 23, 1954

We also think the terms of the will establish the agreement of the parties to dispose of all their property in a particular manner, each in consideration of the other. … The Iowa courts clearly recognize and give effect to such wills. In In re Johnson's Estate , 233 Iowa 782 , 10 N.

Weiss v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 10, 2025

a Table injury, and [p]etitioner had not established actual causation.” … Weiss does qualify for the diagnosis of GBS and he presents with the clinical triad of the Miller Fisher variant.” Id. at 5. Specifically, Dr.

Todd Shipyards Corp. v. United States

63 Cust. Ct. 165 · United States Customs Court · Oct 3, 1969

court further commented (id. at page 152-153) : * * * in all the cases cited, each of the “inferior craft” was capable of and designed to perform a sufficiently related function to “means of transportation” on water to qualify … Based on Norton, plaintiff argues: “If that barge was a vessel, then clearly these midbodies, which transported their crews across the ocean, must have been vessels at the time of arrival.”

Starrett v. Commissioner

41 T.C. 877 · United States Tax Court · Mar 26, 1964

ULTIMATE FINDING Petitioner's purpose in obtaining psychoanalytic treatment was dual and of equal weight -- (1) to obtain so far as possible a cure of a specific disease from which he suffered and (2) to qualify for admission … There, this issue was presented as an alternative and decision was for the respondent on the ground of the failure of taxpayer to establish that he was suffering from an illness or disease or that he underwent treatment for

Lang v. Commissioner

34 B.T.A. 337 · United States Board of Tax Appeals · Apr 15, 1936

Lang were duly appointed, and ever since have been and now are the duly qualified and acting, executors of the estate of Julius C. Lang, deceased. The decedent came to Seattle, Washington, in the year 1902. … S. 371 , and a claim for deductions must come clearly within the conditions prescribed.” James Turner et al., Executors, 31 B. T.