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30 Fed. Cl. 28 · United States Court of Federal Claims · Nov 12, 1993
Further, it does not comply with the procedure established in AR 635-100, paragraph 3-73f. … In his March 25, 1993, motion, plaintiff contends that on January 22, 1991, he qualified for the “sanctuary” protection afforded by 10 U.S.C. § 1163 (d).
Reversed on other grounds by Sheridon H. Groves v. United States, 47 F.3d 1140 (1995)Cited 4 timesPublished88 T.C. 1250 · United States Tax Court · May 11, 1987
In this case, Lignarolo was required to deposit funds in designated bank accounts where the funds would clearly lose their identity. … The State of Florida, Department of State, has no record that COINPA, or the other foreign corporation involved in this matter INAVI, S.A., had ever qualified to do business as foreign corporations.
Cited 8 timesPublishedHistory of Appointments to the Supreme Court
Department of Justice Office of Legal Counsel · Mar 5, 1980
” system of evaluation, and reported Carswell “qualified.” … ” for Judge Lillie and a 6-6 tie between “not qualified” and “not opposed” for Mr.
Cited 0 timesPublishedClearon 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.
Cited 14 timesPublishedArmed 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.
Cited 0 timesPublishedDepartment 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.
Cited 0 timesPublished169 F.2d 869 · Emergency Court of Appeals · Aug 26, 1948
not be considered as complete and self-contained dwelling units; that the fact that twenty-four tenants from four floors share only four bath *871 rooms — some from one floor sharing the bathroom on a different floor — clearly … The record, furthermore, contains the expert opinions of two qualified witnesses, one of whom stated that the units in question were of a character customarily regarded in the St.
Cited 1 timesPublished128 T.C. 153 · United States Tax Court · Apr 30, 2007
Petitioner contends that under well-established criteria for determining a trade or business, as applied in Commissioner v. … Alternatively, petitioner argues that even if its rental activity is deemed to be a “trade or business” under section 502(a), it qualifies for the section 502(b)(1) exclusion.
Cited 4 timesPublishedWestinghouse Hanford Co. v. United States
47 Fed. Cl. 665 · United States Court of Federal Claims · Sep 14, 2000
On May 26, 1994, DOE’s general support services contractor, MACTEC, issued a report stating that the L-102 CRP did not qualify for EC-CEL credit because the baseline was not validated. … Both clearly thought the review of costs would occur after the work on the project was completed.
Cited 1 timesPublishedApplication of William L. Hartop, Jr., and Edward P. Brandes
311 F.2d 249 · Court of Customs and Patent Appeals · Dec 12, 1962
If this test is applied to the proof here presented, it seems to me appellants have clearly shown that their invention had been brought to such perfection that it was capable of practical employment. … , when such merits may be evaluated on the basis of other qualified tests.
Cited 25 timesPublishedBello 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.
Cited 0 timesPublishedT. v. Secretary of Health and Human Services
United States Court of Federal Claims · May 29, 2024
that “the presence of a phosphate molecule may be necessary but is clearly not sufficient for targeting by these antibodies.” … Huq preponderantly established. Dr.
Cited 0 timesUnpublished6 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
Cited 7 timesPublishedBello 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.
Cited 0 timesPublished70 Fed. Cl. 536 · United States Court of Federal Claims · Apr 25, 2006
The Army determined that he was “qualified for retirement.” A.R. vol. II, 92-93. Mr. … As a general rule in the military disability area, the court is bound by the correction board decision unless the plaintiff establishes “by cogent and clearly convincing evidence that the [military’s] decision was arbitrary
Cited 37 timesPublishedOcean Drilling & Exploration Co. v. United States
24 Cl. Ct. 714 · United States Court of Claims · Dec 18, 1991
The funds in Lincoln Savings that were determined to constitute an asset are clearly distinguishable from the premiums paid by plaintiff. … This fact was not established at trial. Mr.
Cited 6 timesPublished12 Vet. App. 172 · United States Court of Appeals for Veterans Claims · Feb 4, 1999
If that claim had already been placed into appellate status by *174 an NOD filed in December 1985, it is clearly established that a second NOD could not be filed as to an issue already in appellate status. 1 Moreover, the … I believe that such a doctrine should apply against the sovereign when it has waived its immunity against suit, as has been done here, see 38 U.S.C. § 511 (b)(4), 7252-7269, as outlined by the Supreme Court in Irwin, 498
Cited 3 timesPublishedStephenson & 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.
Cited 0 timesPublished84 T.C. 1 · United States Tax Court · Jan 8, 1985
Because there was no actual rental of a portion of the home, argues respondent, petitioner must qualify under section 280A(c)(l) before he may deduct the home office expenses. … They would not be permitted, of course, if petitioner had not established that a clearly identifi-ablé physical space was the subject of a lease; that such space had a determinable rental value; and that the deductions claimed
Cited 26 timesPublishedTOP TOBACCO, L.P. v. North Atlantic Operating Co., Inc.
Trademark Trial and Appeal Board · Nov 21, 2011
public in terms of determining susceptibility to confusion, we have often noted that even consumers who exercise a higher degree of care are not necessarily knowledgeable regarding the trademarks at issue, and therefore immune … The record overwhelmingly establishes that the CLASSIC CANADIAN mark has little intrinsic distinctiveness.
Cited 0 timesPublished
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