Case law

Mangi Environmental Group, Inc. v. United States

47 Fed. Cl. 10 · United States Court of Federal Claims · May 31, 2000

As a minimum, the proposal must clearly provide the following: 4. … Clearly, SRI’s proposal failed to conform to the material terms and conditions of the solicitation.

MONCADA

24 I. & N. Dec. 62 · Board of Immigration Appeals · Jul 1, 2007

Ashcroft, 395 F.3d 1037 (9th Cir. 2005), which held that an alien’s conviction under section 10851(a) of the California Vehicle Code did not qualify categorically as a conviction for a “theft offense” under section 101(a) … Food 2 We thus have no occasion to opine on situations in which the above or a similar aggravating aspect of the offense is established by virtue of a statutory penalty enhancement for marijuana possession offenses,

Sherwood Distilling Co. v. Ryan, Director

190 F.2d 314 · Emergency Court of Appeals · Aug 22, 1951

The Board of Review concluded that his long experience qualified him, and the fact that skilled personnel were not available during the war made it necessary for him to act as plant engineer and to solve the difficult problems … We think that in doing so he clearly erred and that the complainant's contentions in this respect must be sustained. His order will, therefore, be set aside as to this claim. 45 N, O, P.

Hartog Foods International Inc. v. United States

15 Ct. Int'l Trade 475 · United States Court of International Trade · Sep 18, 1991

The merchandise was invoiced as “32 Brix” 1 “apricot [or peach or pear] concentrate” or “apricot [or peach or pear] puree concentrate,” with or without other qualifying language. … , definite, and general, such meaning will be adopted unless a contrary intention of Congress is clearly manifested.

SPARROW v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Apr 12, 2024

Fenichel wrote: “While a cause-and-effect relationship between measles immunization and encephalopathy cannot be established from passive surveillance of cases reported to the CDC, the clustering of cases in the second week … after immunization is worrisome."

Alpena Sav. Bank v. Commissioner

45 B.T.A. 665 · United States Board of Tax Appeals · Nov 12, 1941

In all such instances, where the payment of such a tax would diminish assets otherwise available and necessary for full payment of creditors' claims, it is requested that claim for immunity from the tax be made and that a … Since the respondent admits that the payment of the tax by the trust would reduce the assets necessary for the payment of claims of the depositors, both the assessment and collection *671 of the tax are clearly prohibited

J. E. Bernard & Co. v. United States

80 Cust. Ct. 111 · United States Customs Court · May 23, 1978

As the court in Maple Leaf stated (id. at 8-9): Appellant’s argument to the effect that the collector knew all the facts, and that for this reason the establishment of the identity of the merchandise exported and imported … Regulation 10.134 clearly states that the showing of intent should be made by the “importer,” yet the only intent that was recorded was on the commercial invoices by the exporter who had no control of the merchandise at or

Fetters v. Secretary of Health and Human Services

United States Court of Federal Claims · May 23, 2023

A special master’s decision constitutes an abuse of discretion if it is “(1) . . . clearly unreasonable, arbitrary, or fanciful; (2) . . . based on an erroneous conclusion of the law; (3) . . . clearly erroneous; or (4) the … In an effort “to ensure that petitioners could obtain qualified assistance,” Congress mandated attorneys’ fee awards for successful petitioners and gave special masters discretion to award fees to unsuccessful petitioners

Klinge Corp. v. United States

82 Fed. Cl. 127 · United States Court of Federal Claims · Jun 10, 2008

-made, qualifying country, or designated country” end products. … Our concern was triggered by what we viewed as clearly contradictory indications in Sea Box’s submission with respect to its TAA compliance.

Hwi Gear, Inc. v. United States

United States Court of Federal Claims · Dec 29, 2020

Offerors needed to certify that they qualified as a small business pursuant to 13 C.F.R. part 121. AR 4-66. … HWI appealed the decision to the SBA Office of Hearings and Appeals (“OHA”), “contend[ing] that the size determination [was] clearly erroneous.” HWI Gear, Inc., SBA No.

Annette B. Briley v. Eric K. Shinseki

25 Vet. App. 196 · United States Court of Appeals for Veterans Claims · Apr 19, 2012

In doing so, the Supreme Court clearly indicated that our authority must be based on what Congress intended and, therefore, did not enlarge our jurisdiction beyond that expressly given to us by Congress. … Our jurisdiction, like that of all federal courts other than the Supreme Court, is established solely by Congress, not the Court. Sheldon v. Sill, 49 U.S. 441, 449 (1850).

Holbrook v. United States

21 Ct. Cl. 434 · United States Court of Claims · May 24, 1886

This is in accordance with the general doctrine of insurance law laid down by Lord Oockburn in the following language: “I take it to be clearly established in the case of a total loss, that whatever remains of the vessel … The construction of the word “suitable,” as applied to testimony, and “proper,” as qualifying evidence, may become of very serious importance hereafter.

Raymond Express International, LLC v. United States

124 Fed. Cl. 79 · United States Court of Federal Claims · Nov 18, 2015

DeCA, too, recognized that special efforts would be required to find contractors qualified to perform the FFV contracts. AR at 471. … See Dick Enterprises, 1995 WL 376679, at *3 (recommending that the agency “clearly establish[]” the offeror’s identity, as a first step, rather than recommending that the agency immediately terminate the contract award);

Philadelphia Authority for Industrial Development v. United States

114 Fed. Cl. 519 · United States Court of Federal Claims · Jan 6, 2014

Barr stating: “[Y]es, clearly we knew the steam was a loser and hoped that the electric would subsidize the steam. … Clearly, subparagraphs (a) and (b) of section 52.241-11 must be read as two independent provisions.

Estate of Schelberg v. Commissioner

70 T.C. 690 · United States Tax Court · Aug 16, 1978

IBM established the Life Insurance Plan in September 1934. … Since its inception, the Retirement Plan has been a qualified pension plan meeting the requirements of section 401, I.R.C. 1954, and predecessor provisions.

Cycenas v. United States

United States Court of Federal Claims · Mar 12, 2015

The March 15, 2013 letter, however, states clearly that "[t]his is not a payoff statement. Instructions on how to receive a payoff statement are on Page 2 of this letter." … Cl. 603, 607 (2009) ("[l]t is well-established that the Court of Federal Claims does not have jurisdiction over tort claims. Here, Mr.

Sacramento Grazing Ass'n v. United States

96 Fed. Cl. 175 · United States Court of Federal Claims · Nov 1, 2010

The burden of establishing jurisdiction falls upon the plaintiff. See FW/PBS, Inc. v. … Since the court has identified the subject of the aforementioned claim as a legally protected property right, the analysis turns to “whether that property has been deprived or abridged sufficiently to qualify as ‘taken.’”

Assad v. United States

United States Court of Federal Claims · Feb 16, 2023

Assad further alleges that 4 “[a]s a result of the Air Force’s breach of contract, [he] was denied employment of which he was otherwise qualified.” ECF No. 4 ¶ 66. … But the record clearly establishes that these statements did not come from the Air Force. The record is clear.

M. H. Pulaski Co. v. United States

6 Ct. Cust. 291 · Court of Customs and Patent Appeals · May 26, 1915

S., 174 ) that— The general purpose of a proviso, as is well known, is to except the clause covered by it from the general provisions of a statute, or from some provisions of it, or to qualify the operation of the statute … This summary brings out clearly the fact that the duties are not in all respects equal and reciprocal.

Hersch v. Commissioner

63 T.C.M. 2763 · United States Tax Court · Apr 15, 1992

However, we believe that the interpretation that best effectuates the purposes of our Rule is that no issue or fact is specially immune from a request for admission. … Petitioner made a qualified admission of request No. 1 ("Petitioner was president of Philatelic Leasing, Ltd.