Case law

Louis G. Ruderer v. The United States

412 F.2d 1285 · United States Court of Claims · Jul 16, 1969

Swa-aley stated his grievance in the letter: he was not promoted when others less qualified were because they paid bribes. … Plaintiff clearly is animated by a vast indignation, but one needs more than that to manage litigation with success.

Salkov v. Commissioner

46 T.C. 190 · United States Tax Court · May 6, 1966

His responsibilities in officiating at weddings, funerals, and at houses of mourning clearly fall within the phrase “sacerdotal functions” as applied to the liturgical practices of the Jewish faith. … He is a duly qualified member of the Cantors Assembly of America and he holds a commission as a cantor from that body.

Aleman Food Services, Inc. v. United States

37 Cont. Cas. Fed. 76,199 · United States Court of Claims · Oct 11, 1991

Such an argument is difficult to sustain against the United States, given the doctrine of sovereign immunity. Fortunately for the court, no such evaluation need be undertaken here. … Moreover, when those duties assigned by the bylaws to the Secretary and those assigned to the Treasurer are taken together, they clearly describe an individual who, when performing both jobs, clearly does have broad corporate

Hekmati v. United States

United States Court of Federal Claims · May 28, 2021

Award of Damages The Tucker Act, 28 U.S.C. § 1491(a), contains a clear statement by Congress waiving sovereign immunity and establishes this court’s jurisdiction. United States v. … To establish jurisdiction under 28 U.S.C. § 1491(a)(1) and invoke the Tucker Act’s waiver of sovereign immunity, the plaintiff must have a claim for damages against the United States.

Palattao v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 1, 2019

In most cases, the production of proinflammatory cytokines after vaccination is perfectly harmless and actually aids the immune system in establishing immunity against a particular disorder that the vaccine is intended to … Kinsbourne for the most part explained his theory clearly, but lacked the personal expertise (whether from research into the innate immune system, or the recent treatment of TM) that could have given Petitioners’ causation

Clean Fuel Llc v. United States

110 Fed. Cl. 415 · United States Court of Federal Claims · Apr 26, 2013

Plaintiff believes that the generator sets qualified as “specified energy property” under the complex statutory scheme. … “demands a showing demonstrably lower than the standard for the initial waiver of sovereign immunity”).

Dubsky v. United States

98 Fed. Cl. 703 · United States Court of Federal Claims · Jun 16, 2011

Discussion As sovereign, the United States is immune from suit except to the extent it consents othei-wise and any statutory waiver of sovereign immunity will be strictly construed. See Collins v. … A waiver of sovereign immunity to permit a suit for money damages and confer jurisdiction upon a court must be explicit. Id.

Davis v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 10, 2014

In order to receive compensation, the petition must be supported by either medical records or by the opinion of a qualified physician proving a causal relationship. See § 300aa- 13(a)(1). … Burris further stated that antigens, which are foreign substances that cause an immune response, elicit the production of antibodies, and that “[v]accinations are specifically designed to elicit this immune response resulting

Automated Communication System, Inc. v. United States

49 Fed. Cl. 570 · United States Court of Federal Claims · Jun 22, 2001

Amendment 1 also informed vendors that a future amendment would establish a new closing date for proposals and clarify Modifications 1 through 5. … Before Congress enacted the ADRA, the federal district courts heard post-award bid protest challenges to procurement decisions under the waiver of sovereign immunity provided for under the APA.

Reynaldo Alvara v. Department of Homeland Security

2014 MSPB 77 · Merit Systems Protection Board · Sep 29, 2014

Once an agency finds that the employee requesting the reasonable accommodation has a disability, it must determine whether the employee is “qualified.” ¶42 An individual with a disability is qualified if … [and] clearly supported by the actual duties of the position . . . .”

Former Employees of Fisher & Co. v. United States Department of Labor

507 F. Supp. 2d 1321 · United States Court of International Trade · Aug 23, 2007

Labor states that the Government must explicitly waive its sovereign immunity in the context of a statute, and so establish a court’s jurisdiction in a suit against the Government. … Willhoft’s petition for certification clearly acknowledged that she had been laid off for more than one year.

Glass v. Comm'r

124 T.C. 258 · United States Tax Court · May 25, 2005

Deed 1 states that LTC may transfer or otherwise assign this Conservation Easement only to a qualified conservation organization which agrees to enforce this Conservation Easement in accordance with the regulations established … Deed 2 states that LTC may transfer or otherwise assign this Conservation Easement only to a qualified conservation organization which agrees to enforce this Conservation Easement in accordance with the regulations established

Bazalo v. Brown

9 Vet. App. 304 · United States Court of Appeals for Veterans Claims · Aug 16, 1996

In establishing substantial justification, the government must show that its position had a reasonable basis *310 in law and fact. Pierce v. … By articulating the jurisdictional requirements clearly in this opinion, we aim to promote this goal.

MCLAUGHLIN v. United States

United States Court of Federal Claims · May 19, 2025

“Exemption criteria must be narrowly construed to apply only to those employees who are clearly within the terms and spirit of the exemption.” Id. § 551.202(b). … The Plaintiffs’ Primary Duty of “Watch” Does not Qualify for an Administrative Exemption.

American Express Co. v. Commissioner

2 B.T.A. 498 · United States Board of Tax Appeals · Sep 8, 1925

There having been no actual transaction affecting the taxpayer’s property for many years prior to its sale in 1920, its value in 1913 can be established only by comparison with other transactions in its near neighborhood, … Section 212 (b) provides that the net income of taxpayers shall be computed “ in accordance with the method of accounting regularly employed in keeping the books of such taxpayer,” provided that such accounting methods clearly

Goldstine v. Commissioner

33 B.T.A. 173 · United States Board of Tax Appeals · Oct 10, 1935

Petitioner is not entitled to the immunity unless he brings himself clearly within the rule under which exemption can be allowed. The mere fact that he received compensation from the board is not sufficient. … Clearly as to this item petitioner was merely an independent contractor.

Elkem Metals Co. v. United States

44 F. Supp. 2d 288 · United States Court of International Trade · Mar 23, 1999

“It is elementary that ‘the United States, as sovereign, is immune from suit save as it consents to be sued . . . , and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the … Elkem, as a domestic producer of silicomanganese, qualifies as such an interested party, and jurisdiction vests in this Court to review the challenged determination pursuant to 28 U.S.C. § 1581(c), as provided for in 19

Brown v. Secretary of the Department of Health & Human Services

18 Cl. Ct. 834 · United States Court of Claims · Nov 17, 1989

Lee showing a well visit and immunization on March 10, 1967, Pl.Ex. 17. Mrs. … It is a well-established principle of statutory interpretation that the law favors rational and sensible construction.

Digital Technologies, Inc. v. United States

89 Fed. Cl. 711 · United States Court of Federal Claims · Dec 9, 2009

Yet the court cautioned that the principles of sovereign immunity and the need for government discretion require that the language of the contract clearly exhibit an intent on the part of the parties to bind themselves; general … To qualify, the defense “has to be clearly indicated and must appear on the face of the pleading to be used as the basis for the motion.” Id.; see also Richmond, Fredericksburg & Potomac R.R. Co. v.

Iowa State University of Science & Technology v. United States

500 F.2d 508 · United States Court of Claims · Jul 19, 1974

'Public interest programming, presentations by an extension service, in-school classroom broadcasts, and the employment of qualified students are not unique to WOI-TV. … The two courses in which students worked in the WOI newsroom and produced programs for local broadcasts were clearly valuable experience.