Case law
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64 T.C. 137 · United States Tax Court · May 6, 1975
In accordance with Swiss law, each member of the board held 1 qualifying share of AG common stock, the beneficial ownership of which was owned by old CCA. … There is clearly nothing improper about such a purpose for the divestiture. Old CCA attempted to so divest itself by issuing preferred stock with 50 percent of the voting power of AG to non-United States shareholders.
Cited 2 timesPublishedLindholm v. Secretary of Health and Human Services
United States Court of Federal Claims · Mar 9, 2020
Temporal proximity between vaccination and onset of symptoms is a necessary component in establishing causation in non-Table cases, but without more, temporal proximity alone “fails to establish a reasonable basis for a vaccine … Wilkerson’s expert report does not communicate a scientific theory by which K.E.L. allegedly suffered injuries from the DTaP vaccination, stating “an unspecified immune mechanism is most likely involved.”
Cited 0 timesPublished18 Cl. Ct. 442 · United States Court of Claims · Oct 23, 1989
Although he was qualified to apply for voluntary retirement status immediately upon discharge, 5 plaintiff chose not to do so on the advice of counsel. … The foregoing conclusion is clearly warranted, notwithstanding the admitted facts which clearly demonstrate—that plaintiff voluntarily chose not to file a retirement application at the time of his involuntary discharge from
Reversed on other grounds by Wallace Gant v. The United States, 918 F.2d 168 (1990)Cited 6 timesPublished26 Cl. Ct. 680 · United States Court of Claims · Aug 26, 1992
Lt Col Ward’s failure to adhere to established lines of authority. The hearing officer recommended that immediate action be taken to decertify the plaintiff as an AFJROTC Instructor. … As defined in § 7511(a)(1)(B), Lt Col Ward qualified as an employee who was “preference eligible in an Executive agency in the excepted service.”
Cited 0 timesPublishedRobert F. Goeller and Jeanette M. Goeller v. United States
109 Fed. Cl. 534 · United States Court of Federal Claims · Mar 20, 2013
Those statutes are not immune from the fundamental principle that controls the construction of federal statutes more generally, to wit, that “[t]he plain meaning . . . should be conclusive.” See United States v. … Palmer, 871 F.2d 1202, 1205 (3d Cir.), cert. denied, 493 U.S. 890 (1989) (“[I]t is a well- established principle that where a federal criminal statute uses a common law term of established meaning without otherwise defining
Cited 5 timesPublished645 F.2d 905 · United States Court of Claims · Mar 11, 1981
The plaintiffs who did testify in these cases established clearly that erosion, in varying degrees, was taking place on their riverbank properties. Defendant concedes this fact. … He was eminently qualified to offer expert opinions on river matters, especially erosion.
Cited 58 timesPublishedRCD Cleaning Service, Inc. v. United States
97 Fed. Cl. 582 · United States Court of Federal Claims · Apr 13, 2011
To qualify for federal contracts set aside for the HUBZone program, this requirement must be met both on the day a proposal is submitted and on the day the contract is awarded. … Some RCD employees did not meet the minimum hours-worked criteria to qualify as employees for HUBZone purposes.
Cited 2 timesPublishedNTN Bearing Corp. of America v. United States
155 F. Supp. 2d 715 · United States Court of International Trade · Jun 22, 2001
§ 1677b(a)(1)(B) and the SAA, both of which clearly instruct Commerce to make such an exclusion. See INA’s Br. at 29. … Torrington maintains that the CAFC has clearly Consol.
Reversed on other grounds by Fag Italia S.p.A. v. United States, 402 F.3d 1356 (2005)Cited 13 timesPublishedBig Oak Farms, Inc. v. United States
United States Court of Federal Claims · Jan 11, 2019
However, the fact that the takings claims of each property owner is different and that each will have to establish their own taking claim under the multi-factor test established for temporary takings in Arkansas Game and … As discussed above, because Arkansas Game and Fish establishes a multi-factor test that must be satisfied on a case-by-case basis to establish liability for a temporary taking, something more than notice that many property
Cited 0 timesPublishedUnited States Court of Federal Claims · Jan 31, 2018
Shea makes choices in surveilling targets, those choices involve applying ‘well- established techniques’ to the circumstances.” … Nonetheless, since Richland Shoe, it has been well-established that “willfulness” is a high bar to clear.
Cited 0 timesPublishedNicholas Ribaudo v. R. James Nicholson
21 Vet. App. 137 · United States Court of Appeals for Veterans Claims · Apr 13, 2007
Statutorily as to forum, we clearly indicated in our decision granting Mr. … To determine the likelihood that any ruling of law will survive appeal, the best objective test is the degree to which it is rooted in well-established law.
Cited 15 timesPublishedUnited States Court of Federal Claims · Sep 20, 2019
Nussbaum's complaint with the Office of the Inspector General was filed in September 2004, and alleged that Victorville did not award the contract to the lowest bidder, that Cal Inc. was not qualified to do the work, that … may seem unfair on an individual level, these laws "seek ... to achieve [a] broader system [of] related goal [s], such as facilitating the administration of claims, limiting the scope of a governmental waiver of sovereign immunity
Cited 0 timesPublished193 Ct. Cl. 923 · United States Court of Claims · Jan 22, 1971
What happened on this occasion is clearly established by the evidence. The park superintendent, newly arrived on the job, asked plaintiffs if they had any questions about the contract. … Planson, a well-qualified, expert, real estate appraiser, as a witness. Mr.
Cited 13 timesPublishedJackson v. Secretary of Health and Human Services
United States Court of Federal Claims · Feb 2, 2026
This is because we could later clearly see the myelitis occurring.” Tr. 218. … 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.
Cited 0 timesUnpublished685 F.2d 407 · United States Court of Claims · Jul 28, 1982
But a commander clearly must be held responsible for those matters which he knows to be of serious import, and with respect to which he assumes personal charge. … Where, as here, there is no problem of sovereign immunity, 4 executive discretion must be subject at least to constitutional review. See Brown v. Glines, 444 U.S. 348 (1980); Mindes v.
Cited 34 timesPublishedFawn Fashions, Inc. v. Commissioner
41 T.C. 205 · United States Tax Court · Nov 15, 1963
We find, and so hold, on the basis of the considerations discussed above and on the entire record, that the petitioner has not established that the principal purpose for its acquisition was other *40 than to obtain the benefit … Respondent's regulation clearly covers the situation here. Petitioner's sales activities ceased about the end of 1955 and the corporation remained inactive for about 2 years, until L & B revived it early in 1958.
Cited 15 timesPublishedMcCulloch v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 24, 2015
Thus, the Federal Circuit clearly considered counsel in its discussion of interim fee awards in the Vaccine Program. … Respondent’s evidence quite clearly demonstrates that Washington D.C. is one of the most expensive legal markets in the country.
Cited 0 timesPublishedSKORUPSKA v. SECRETARY OF HEALTH AND HUMAN SERVICES
United States Court of Federal Claims · Mar 6, 2026
Schwartzberg on November 13, 2013, at 8 months and prior to any immunization, [N.S.] was clearly severely delayed in all domains. Id. Dr. Raymond opined that N.S. … “was severely developmental[ly] delayed prior to the immunization.” Exhibit A at 6.
Cited 0 timesUnpublishedTop Tobacco LP 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 timesPublished32 B.T.A. 254 · United States Board of Tax Appeals · Mar 20, 1935
Krause, respectively, qualified as such and on December 29, 1928, filed with the collector of internal revenue for the district of Maine a Federal estate tax return reporting a net estate of $460,370.27. … The Supreme Court said at page 243: The record fails clearly to disclose whether or no Mrs. May survived her husband. Apparently she did not.
Cited 0 timesPublished
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