Case law

Schneiter v. United States

United States Court of Federal Claims · Apr 7, 2022

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). … Cir. 2007) (holding that negligence and other “tort claims are clearly outside the limited jurisdiction of the Court of Federal Claims”).

University Hill Foundation v. Commissioner

51 T.C. 548 · United States Tax Court · Jan 8, 1969

commercial activities, but organizations engaged exclusively in business activities were also accorded immunity. … Some courts, and particularly this Court, did not agree that such immunity should be accorded the latter type of organization. Compare United States v.

Simeneta v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 25, 2024

Naismith explained that Campylobacter has been established as a cause of GBS established in the literature, which is not the case with Prevnar 13. Id. … Naismith evaluates the causal theory here based on the four criteria discussed in Ang et al.: (1) establishment of an epidemiological association between the infectious agent and the immune-mediated illness; (2) identification

Time Ins. Co. v. Commissioner

86 T.C. 298 · United States Tax Court · Mar 10, 1986

Expenses from a new cause had to satisfy a separate deductible amount before a benefit period for that cause was established. … Taylor, supra, and the above decisions by the Courts of Appeals for the Third, Fourth, Fifth and Ninth Circuits is clearly misplaced, however, because the question confronted here is the correct amount of petitioner’s deduction

Town of Fallsburg v. United States

22 Cl. Ct. 633 · United States Court of Claims · Mar 8, 1991

Service Scaffold needed the indemnification in order to qualify for the contract award. … While the amount of the penalty is clearly reviewable by the court for arbitrariness, the court is persuaded that the amount chosen here was not unreasonable.

Moore v. Commissioner

23 T.C. 534 · United States Tax Court · Dec 28, 1954

Moore were named and qualified as executors. Administration of the estate was terminated on March 9, 1948, by order of the County Court of Knox County, Tennessee. … Clearly, no petitioner herein has an adverse interest in the share of income belonging to any other petitioner.

Top 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.

Walker v. Commissioner

6 B.T.A. 1142 · United States Board of Tax Appeals · Apr 29, 1927

The value thus established is also borne out by the testimony of the witnesses, two of whom, E. G. Palmer and George O. Baird, *1152 are experienced oil men. The amounts received by Mrs. Walker and Mrs. … It clearly appears that the vendors and vendees were claiming under adverse titles, and that the purpose of the agreement was not to recognize the rights of each other, but to settle the controversy by a compromise of that

Southland Corp. v. United States

33 Fed. Cl. 345 · United States Court of Federal Claims · May 8, 1995

During the years 1980 and 1981, plaintiff hired numerous employees who qualified for the WIN credits. … (“Section 261(g)(2) clearly abolishes retroactive certification for all claims made after September 26, 1981.”)

Newman v. Commissioner

31 B.T.A. 772 · United States Board of Tax Appeals · Nov 28, 1934

The preliminary discussions and the contract of January 6, 1925, establish the intention to be an ultimate exchange of second preferred for common, so that the sons would hold all the common and the father all the second … Decedent's will clearly recognized the interests created by the contract of January 6, 1925, and provided for the carrying out of its terms.

Lindholm 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.”

Lang v. United States

10 Ct. Cust. 228 · Court of Customs and Patent Appeals · Dec 3, 1920

It is established law, as was in effect held by the Supreme Court in Merritt v. Welsh ( 104 U. … But this record clearly establishes, that which was not shown by the Consolidated Co.’s case, that the ITeggie formula is not one of general application.

Slattery v. United States

53 Fed. Cl. 258 · United States Court of Federal Claims · Aug 14, 2002

The evidentiary record clearly establishes that the Secretary of Banking was very concerned about possible liability PDB could face for closing the bank. Her concerns were raised at two FDIC Director meetings. … She was clearly hesitant to close the bank on her own.

Magnavox Electronic Systems Co. v. United States

38 Cont. Cas. Fed. 76,414 · United States Court of Claims · Oct 9, 1992

Of the producers responding, the agency determined that only Magnavox had the established expertise in the production of proximity type fuzes. … "[Originally,] the procurement was to be accomplished by exercising an option to an existing contract with the only qualified producer, Motorola. Just prior to the award of the option, Desert Storm came to an end.

Reale v. United States

413 F.2d 556 · United States Court of Claims · Jul 16, 1969

Only officers clearly an assume and discharge duties and responsibilities commensurate with their grade are permitted to continue *613 to serve in that grade. … This is one of the procedures which the Air Force has established to protect individual rights. Another is the Officer Personnel Eecords Eeview Board.

Taylor v. United States

33 Fed. Cl. 54 · United States Court of Federal Claims · Apr 5, 1995

Defendant argues that plaintiff has established no right to payment sufficient to invoke Tucker Act jurisdiction. … It should be noted that plaintiff has a heavy burden in establishing the inaccuracy of his file.

Ninestar Corp. v. United States

687 F. Supp. 3d 1308 · United States Court of International Trade · Feb 27, 2024

means irreparable harm can be established.” … Why that chart establishes irreparable harm remains unexplained.

Morrison Assurance Co. v. United States

31 Cont. Cas. Fed. 71,711 · United States Court of Claims · Oct 27, 1983

The fact that there is no takeover agreement does not mean that a surety cannot be deemed a completing surety if it otherwise qualifies for such status. … Again, the agreements of August 21st and August 24th fully protected the government’s interests by keeping a technically qualified but financially troubled contractor on the job until the contract was completed.

CHAVEZ-ALVAREZ

26 I. & N. Dec. 274 · Board of Immigration Appeals · Jul 1, 2014

We have considered adjustment of status as a form of “admission,” not only for purposes of determining inadmissibility and removability but also for establishing eligibility for relief from removal. … We agree with the Ninth Circuit that this is clearly not a result that Congress could have intended. Ocampo-Duran v. Ashcroft, 254 F.3d at 1135; accord Matter of Rosas, 22 I&N Dec. 616.

Gulf, Mobile & N. R.R. v. Commissioner

22 B.T.A. 233 · United States Board of Tax Appeals · Feb 20, 1931

The facts of record in this case clearly require the application of the same principle. … The facts of record in this case clearly require the application of the same principle.