Case law

Clearon Corp. v. United States

359 F. Supp. 3d 1344 · United States Court of International Trade · Jan 25, 2019

Applying this method, Commerce determined that the Export Seller’s Credit Program qualified as a “similar program” within a segment of the same proceeding. … For Clearon, “Commerce precedent establishes that the 0.87 percent rate applied here is not a deterrent.

Teachers' Salary Increases

48 Pa. D. & C. 379 · Pennsylvania Department of Justice · Aug 11, 1943

schools, the certificates held by each, and the compensation paid each for the current school year, and showing further the number of part-time teachers, supervisors, and principals employed in extension schools and classes established … Interpretation of laws is governed by well-recognized principles of statutory construction; and no principle is more clearly established in our jurisprudence in ascertaining legislative intent than the maxim “Ex-pressio unius

Florida Power & Light Co. v. United States

49 Fed. Cl. 656 · United States Court of Federal Claims · Jun 28, 2001

The mandate of the Atomic Energy Act clearly required prices set “on a basis of recovery of the Government’s costs over a reasonable period of time.” … Tucker was qualified as an expert in accounting, in the cost and pricing of government contracts, and in damages. Mr. Tucker was not qualified as an expert in the application of DOE’s pricing criteria. .

Blue Man Productions, Inc. v. Erich Tarmann

Trademark Trial and Appeal Board · Aug 18, 2005

The mark that is being advertised is clearly PENTIUM, and it is not clear to what extent viewers would even notice, let alone remember, the word mark BLUE MAN GROUP in these commercials. … Accordingly, we find that opposer has failed to establish its claim of dilution.

Harth v. West

14 Vet. App. 1 · United States Court of Appeals for Veterans Claims · Jul 19, 2000

He underwent some additional training to qualify for duty and during this time was under fire. He remembers this incident well as one of his key incidents. … See id. *6 at 1261 (describing the “burden of persuasion for establishing a well[-]grounded claim [as] unique, and uniquely low”).

Isaacs v. Comm'r

109 T.C.M. 1624 · United States Tax Court · Jun 30, 2015

Isaacs failed to establish that he obtained qualified appraisals of the donated fossils as required by section 170(f)(11)(C). … Isaacs does not argue that he himself was a qualified appraiser, such that the letters he drafted could be qualified appraisals.

American Stone Co. v. Commissioner

9 B.T.A. 242 · United States Board of Tax Appeals · Nov 22, 1927

Both the market and the price were well established. There were no sales of pulp stone quarries in the United States during the year 1915. … Two credible and thoroughly qualified witnesses testified unequivocally that the assets acquired by the petitioner in exchange for its stock were worth at least $250,000 on the date of their acquisition by the corporation

Englobal Government Services, Inc. v. United States

United States Court of Federal Claims · May 12, 2022

The Court has considered the allegations in EGS’s complaint and concludes that EGS qualifies as an interested party with respect to the procurement at issue. … This case is clearly distinguishable on the grounds that DLA never sought FPRs in Amendment 0007 or thereafter.

Friedman v. United States

310 F.2d 381 · United States Court of Claims · Nov 7, 1962

Brown, Seabrook and Caddington clearly dealt with implementation of a favorable board decision and in that sense the claim was, and had to be, founded on the board’s own action. … Correction Board proceedings would not render reviewable those substantive rulings which would otherwise be immune from review. 2.

P. L. Thomas Paper Co. v. United States

49 Cust. Ct. 276 · United States Customs Court · Oct 29, 1962

The impression which the pulp receives from the felt, and which results in the decorated effect, is clearly comprehended in the words “whether produced in the pulp or otherwise,” because this manifestly includes all the processes … If this is not one of the “attachments” of which paragraph 1405 speaks, plaintiff has not so established.

Optimum Services, Inc.

Armed Services Board of Contract Appeals · Mar 25, 2015

The Corps QAR questioned whether a differing site condition could exist "[ e]ven though there are numerous oyster beds clearly shown in the contract drawings and clearly visible during an extreme low tide." … Because the Corps itself was uncertain what qualified as an "oyster bed," it also required Ryan to dredge non-viable oyster beds and dead oyster beds.

Stephenson & Potter v. Glander

46 Ohio Law. Abs. 203 · United States Board of Tax Appeals · May 21, 1946

the property of such companies but is a tax on the capital and surplus of such companies having capital divided into shares, and upon the surplus of such companies that do not have capital divided into shares, such tax is clearly … That immunity always has been deemed an attribute of national supremacy and essential to its maintenance.

Integral Consulting Services, Inc. v. United States

United States Court of Federal Claims · Dec 13, 2018

Integral indicated on the Scoring Worksheet that those projects involved qualifying PSCs with some of the projects also meeting the requirements for certain bonus factors. Id. at 497-98. … 2018, the parties shall file a joint status report indicating their agreement with the proposed redactions, attaching a copy of those pages of the court’s ruling containing proposed redactions, with all proposed redactions clearly

Lio v. Commissioner

85 T.C. 56 · United States Tax Court · Jul 24, 1985

Clearly, on the facts before us, AAA and Greenwich acted as art dealers, and the petitioners purchased the lithographs as individual customers. … Similarly, in this case, the petitioners seek to establish fair market value by relying on the prices paid in only a few sales.

Sampson v. United States

207 Ct. Cl. 17 · United States Court of Claims · May 14, 1975

We said at 52, 355 F. 2d 590 : * * * Generally, an assignment made as collateral security for a debt gives the assignee only a qualified interest in the assigned chose, commensurate with the debt or liabilities secured, even … Even if we did not believe that the July 30,1968, mortgage novation clearly reflects the understanding of Equitable in light of the 1967 agreements (i.e., that Equitable waived any claim to SID’s rehabilitation damages award

University of Kentucky v. 40-0, LLC

Trademark Trial and Appeal Board · Mar 4, 2021

Interprofession du Gruyère, 2020 USPQ2d 10892, at *9 (belief in likely damage can be shown by establishing a direct commercial interest). … Before there can be registration, there must be a trademark, and unless words have been so used they cannot qualify.”

Bello v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 2, 2021

His impression, however, was “complex encephalopathy with history of developmental regression in the context of immunizations and febrile illness.” Id. at 11. … Falchek’s embrace of encephalopathy “in the context of immunizations” as a diagnostic explanation for this developmental loss. Id. at 4; Ex. 5 at 9, 11.

Exempting the Records of the SEC Fraud Surveillance Team from Reporting Obligations in the Privacy Act

Department of Justice Office of Legal Counsel · Jul 3, 2012

In our view, these circum- stances suffice to establish that the information in the system would be “compiled for the purpose of a criminal investigation.” Id. … If they prove unable to make out a criminal case, they may nonetheless uncover sufficient evidence to establish a civil violation of the securities laws.

Gleeson v. United States

140 Ct. Cl. 265 · United States Court of Claims · Nov 6, 1957

The permits clearly were for the radio station buildings of bca. … Many of them are entirely anticipatory and speculative and others clearly not attributable to action of defendant.

Branning v. United States

6 Cl. Ct. 618 · United States Court of Claims · Nov 19, 1984

According to the Court of Claims, the evidence received at the trial on liability “clearly establishes” that, as a result of aircraft operations at MCAS-Beaufort, some portions of Pleasant Point Plantation had already been … Schott’s assumption on this point, said that the evidence before the court “clearly establishes” that military aircraft operations had rendered portions of Pleasant Point Plantation unsuitable for residential development