Case law

Gina Short v. Department of Homeland Security

Merit Systems Protection Board · Mar 20, 2025

Notwithstanding, we find that the appellant has not proved that she is a qualified individual with a disability. … We therefore find that the appellant’s disability discrimination claims under both disparate treatment and reasonable accommodation theories must fail because she has not established that she is a qualified

Huntleigh USA Corp. v. United States

63 Fed. Cl. 440 · United States Court of Federal Claims · Jan 7, 2005

“Jurisdiction over any suit against the Government requires a clear statement from the United States waiving sovereign immunity, together with a claim falling within the terms of the waiver.” United States v. … Plaintiff asserts that it has a protected property interest in its business assets, including its long-running contracts with established customers, goodwill, and going-concern value.

Shandong Rongxin Import & Export Co., Ltd. v. United States

2019 CIT 151 · United States Court of International Trade · Dec 2, 2019

At issue is whether an exporter in a non-market economy (“NME”) 1 has adequately established the independence from governmental control necessary to qualify for a separate antidumping duty rate apart from the countrywide … Unlike other minutes on the record which clearly indicate that a Board vote was held, this piece of evidence did not include any indication that a formal vote was held. Oral Argument.

Donald Mathews v. Robert A. McDonald

28 Vet. App. 309 · United States Court of Appeals for Veterans Claims · Oct 14, 2016

Michael Shelton, submitted a letter indicating that pathology reports for the left neck tumor had "not established a definitive diagnosis." R. at 727. Mr. … Mathews also argues that the Board clearly erred in finding that Dr. Lin's January 2014 opinion and October 2014 addendum were adequate for adjudication purposes because the pilot study that Dr.

Optimization Consulting, Inc. v. United States

United States Court of Federal Claims · Nov 22, 2013

-27- determination that Goldbelt Glacier’s proposal qualified it as within the competitive range. Def.’s Mot. at 23. … Of the remaining seven offerors, four were determined to qualify for the competitive range.

Coast Indian Community v. United States

550 F.2d 639 · United States Court of Claims · Feb 23, 1977

The provision in sections 324(4) and 161.3(c)(5) dispensing with consents altogether when the Secretary finds that the number of interest holders is in practicality too great to permit the gathering of consents clearly does … The provision in sections 324(4) and 161.3(c)(5) dispensing with consents altogether when the Secretary finds that the number of interest holders is in practicality too great to permit the gathering of consents clearly does

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.

Everett v. United States

169 Ct. Cl. 11 · United States Court of Claims · Jan 22, 1965

On the contrary, the evidence clearly establishes that plaintiff’s performance of his duties was over all highly satisfactory. (3) Driving an automobile on official business with .an expired driver's license. … On the contrary, the evidence clearly establishes that plaintiff’s cooperation with his fellow employees was excellent. ' (5) Furnishing conflicting statements with regard to management of real estate.

Kirwin v. United States

23 Cl. Ct. 497 · United States Court of Claims · Jun 21, 1991

On October 31, 1986, the BCNR decided that plaintiff had failed to establish a material error or injustice in his records, and thus it denied his application to have his service records corrected. … However, this argument goes to the merits of plaintiffs claim, as plaintiff is entitled, under section 1201, to disability pay for a qualifying disability unless it is lawfully withheld. Sawyer v.

Canterbury v. Commissioner

99 T.C. 223 · United States Tax Court · Aug 17, 1992

The standards they establish are objective and leave nothing to chance. … Ahern was maintaining McDonald’s standards and suggested that he seek a qualified buyer. Mr.

United States v. Bata Shoe Co.

3 Cust. Ct. 607 · United States Customs Court · Oct 24, 1939

It is fairly established herein that the merchandise in question was imported in an unfinished condition, and that, as imported, it was neither serviceable nor salable. … The testimony of all of the witnesses, as well as an examination of the samples, clearly demonstrates that the articles in question, in their imported condition, required the addition of a tongue, eyelets, and laces, for

Ullman v. United States

64 Fed. Cl. 557 · United States Court of Federal Claims · Mar 25, 2005

App. at 56 (4/3/00 letter from plaintiff to Steve Bucci, IRS Collection Division) (“When I signed the agreement on 1/25/95 Agent Eugene Clarke told me (very clearly) ‘if your pension is reduced, we will reduce your monthly … In its memorandum, defendant argues that plaintiff does not qualify as a “recipient” under the statute for two reasons.

IMS Services, Inc. v. United States

40 Cont. Cas. Fed. 76,784 · United States Court of Federal Claims · Feb 14, 1995

All the other offerors qualified as being in the competitive range had used the MET cost estimates calculated and supplied by the Navy in the solicitation documents, including the plaintiff. … Because the FAR provision clearly was violated here, the Board look to Logicon, Inc. v.

Pentcholov v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 8, 2016

That rate is in turn determined 4 by the “forum rule,” which bases the award rate on rates paid to similarly qualified attorneys in the forum in which the relevant court … In all stages of the lodestar calculation, I must determine if the fees applicant has established the reasonableness of the billing rate and work performed. Mares v.

Signet Technologies, Inc. v. United States

United States Court of Federal Claims · Jun 30, 2021

established,” (AR 285), and (6) “address each team member’s responsibilities and performance requirements so that liability is clearly established[.]” … That element states as follows: “The CTA document must address each team member’s responsibilities and performance requirements so that liability is clearly established.” (AR Tab 9 at 284).

Corrigan v. United States

82 Fed. Cl. 301 · United States Court of Federal Claims · Jun 18, 2008

To qualify, the defense “has to be clearly indicated and must appear on the face of the pleading to be used as the basis for the motion.” Id.; see also Richmond, Fredericksburg & Potomac R.R. Co. v. … By affording a claimant only one opportunity to obtain redress, the doctrine conserves judicial resources, fosters reliance upon judicial decisions, immunizes against the possibility of inconsistent decisions, and protects

Hassay v. United States

United States Court of Federal Claims · Jan 27, 2025

The Board concluded, however, that “the objective contemporary evidence overwhelmingly established that [Mr. … Cir. 1988) (observing that the six-year limitations period “is a jurisdictional requirement attached by Congress as a condition of the government’s waiver of sovereign immunity and, as such, must be strictly construed”).

Waterman v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 22, 2015

Waterman would later report to the police that, prior to immunization, “he had been very healthy with the exception of some previous slight jaundice.” Pet. Ex. 13 at 2. … To establish entitlement to compensation under the Program, Petitioners are required to establish each of the three prongs of Althen by a preponderance of the evidence. See id.

Earl C. Gibbs, Inc. v. Defense Supplies Corporation

155 F.2d 525 · Emergency Court of Appeals · May 8, 1946

Defense Supplies Corporation *526 ruled that complainant, which in other respects qualified for the special subsidy to non-processing slaughterers, was not eligible to receive such subsidy from November 1, 1943, to November … the same amount of live weight of cattle slaughtered on and after November 1, 1943, on which payments are made to the applicant under §§ 7003.1 through 7003.5 of this regulation. * * *" [2] The language of Amendment No. 2 clearly

Hunt v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 3, 2026

To establish entitlement to compensation under the Program, a petitioner is required to establish each of the three prongs of Althen by a preponderance of the evidence. Id. … This evidence clearly demonstrates molecular mimicry; however, the cross-reactivity between these two proteins is substantively different than the reaction that Dr. Steinman proposed in this case.