Case law

Graves ex rel. Estate of Graves v. Secretary of the Dept. of Health & Human Services

109 Fed. Cl. 579 · United States Court of Federal Claims · Feb 25, 2013

Consequently, Hayley’s estate does not qualify for an award at the highest amount as the Graveses have requested. *584 Id. at *3 (emphasis supplied) (awarding $60,000). … Further, it must be kept in mind that the $250,000 maximum was established in the context of a Program in which it was clearly anticipated that many if not most claimants would be individuals with severe brain damage allegedly

Puckett Sr. v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 7, 2019

Respondent denies that the aforementioned immunizations caused petitioner’s alleged cardiac arrhythmia, any other injury, or her death. Stipulation at ¶ 6. … No payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing his appointment as legal representative of the Estate of Amanda Nichole Puckett.

Sparks Belting Company v. United States

715 F. Supp. 2d 1305 · United States Court of International Trade · Jun 1, 2010

The purpose of summary judgment is to avoid a clearly unnecessary trial. See Seal-Flex, Inc. v. Athletic Track and Court Constr., 98 F.3d 1318, 1321 (Fed. … Again, Type 2E7-0N White clearly meets this requirement. See Walsh Decl. ¶ 11; De Vries Aff. ¶ 6.

American Savings Bank, F.A. v. United States

98 Fed. Cl. 291 · United States Court of Federal Claims · Apr 1, 2011

Reasonable Certainty “[T]he measure of damages must be reasonably certain, although if ‘a reasonable probability of damage can be clearly established, uncertainty as to the amount will not preclude recovery.’ ” Fifth Third … Ramirez is qualified to present Plaintiffs’ lost profits calculations which came from his actual experience with the data.

Hayus-Sammons Chemical Co. v. United States

55 C.C.P.A. 69 · Court of Customs and Patent Appeals · May 9, 1968

It is well established that the collector’s classification is prima facie impressed with a presumption of correctness. … This is a direct refutation of appellant’s contention that the material must be subjected to an extraction process in order that it may qualify as an ore under the Tariff Act.

Berg v. United States

49 Fed. Cl. 459 · United States Court of Federal Claims · May 1, 2001

Only an employee who “clearly meets the criteria for exemption,” is ineligible for FLSA overtime pay. 5 C.F.R. § 551.202 (d). … Defendant also argues that “plaintiffs testified to providing technical advice in some form,” in an attempt to identify support services qualifying for the administrative exemption. Mr.

Blocker Clark v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 27, 2019

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … To satisfy this test, it is generally necessary for petitioner to submit a supportive opinion from a qualified medical expert and supporting medical literature.

Bokmuller v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 22, 2015

There are two separate means of establishing entitlement to compensation. … If a person qualifies under this presumption, he or she is said to have suffered a “Table Injury.”

Durand v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 21, 2018

denies that the influenza immunization caused Mr. Durand’s alleged GBS, any other injury, or his death. Id. at ¶ 6. … No payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing her appointment as legal representative of the Estate of Jorge Antonio Durand.

Data General Corp. v. United States

4 Ct. Int'l Trade 182 · United States Court of International Trade · Oct 29, 1982

Plaintiff alleges that certain components of the printed circuit boards, integrated circuits called PROMs (programmable read only memories) were fabricated components, the product of the United States, and therefore qualified … It is sufficient that a change occur in any of the three criteria, the regulation clearly specifying the “name, character, or use.” United States v. International Paint Co. 35 CCPA 87 (1948).

Manning Ass'n v. Commissioner

93 T.C. 596 · United States Tax Court · Nov 15, 1989

Clearly, the items stored at the Lowell Library serve an educational purpose. We are not told what items are on display at the manse. … Commissioner establishes no such 10-percent safe harbor rule. The Court there stated ( 81 T.C. at 967 n. 10): We establish no general rule for future cases in finding 10 percent to be insubstantial.

Allison v. United States

80 Fed. Cl. 568 · United States Court of Federal Claims · Feb 27, 2008

But that court resisted adopting a blanket immunity from negligence *586 when a taxpayer relies on an investment adviser. … Investment in Masters was limited to "qualified investors." Pis.’ Ex. 1 at 1.

Giesbrecht v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 30, 2023

Giesbrecht’s presentation: “It is highly likely that petitioner has degenerative arthritis (osteoarthritis (OA)) in both his lumbar spine and his cervical spine, given his pre-vaccinal problems with neck pain and his clearly … Giesbrecht described the theory he was advancing as “The mechanism of the PMR would be the generation of an innate immune response involving cytokine production.” Pet’r’s Br. at 7, quoting Exhibit 8 at 4.

Gary Dean Jackson v. Denis McDonough

United States Court of Appeals for Veterans Claims · Dec 27, 2023

Jackson began by arguing that DC 7913 is unclear because it does not clearly say how VA should consider the use of medication. … That is, to qualify for the next higher rating, a veteran must meet the requirements of the lower rating and then meet whatever other specifications the higher rating requires.

Awtry v. United States

684 F.2d 896 · United States Court of Claims · Jul 28, 1982

Some of them enjoy qualified protection as veterans, but there is no issue of a breach of veterans’ preference in their cases. … Shaw’s case was clearly outside the first amendment because his political allegiance played no part in his removal.

Sioux Tribe of Indians v. United States

97 Ct. Cl. 613 · United States Court of Claims · Jun 1, 1942

The court held, at p. 564, that “To uphold the claim would be to adjudge that the indirect operation of the treaty was to materially limit and qualify the controlling authority of Congress in respect to the care and protection … It has not been the practice of Congress in passing Court of Claims bills to authorize the payment of interest, and the conferees finally agreed that it is perhaps not wise to establish a precedent along that line.

Schultz v. Commissioner

50 T.C. 688 · United States Tax Court · Jul 31, 1968

If the property qualifies .as business or investment property, such expenditures are normally considered to ibe deductible expenses. Higgins v. United States, 110 Ct. Cl. 204 , 75 F. Supp. 252 (1948); cf. … In any event, it is well established that a determination by respondent may be sustained on grounds other than those urged by him; the only requirement is that the determination be legally correct. See Blansett v.

Schlumberger Technology Corp. & Subsidiaries v. United States

55 Fed. Cl. 203 · United States Court of Federal Claims · Jan 31, 2003

The court found that plaintiff “clearly established that an important aspect of the design of these job tankers is to function as construction equipment on the job site,” but also found that the highway transportation function … In light of these facts, the court finds that plaintiffs trucks do not qualify under the off-highway use exception.

Buckeye Power, Inc. v. United States

38 Fed. Cl. 154 · United States Court of Federal Claims · May 28, 1997

. § 501(c)(12). 6 First, defendant *159 argues that the income from plaintiffs sale of non-firm power to its members was not cooperative in nature and thus did not qualify as member income. … However, [the TAM taxpayer’s] operations are clearly distinguishable from the situation where sales to some members are reduced below cost to offset the costs of other members.

Simpson v. Commissioner

69 T.C.M. 2513 · United States Tax Court · May 2, 1995

To qualify as the "prevailing party", the taxpayer must establish that (1) the position of the United States in the proceeding was not substantially justified; (2) the taxpayer has substantially prevailed with respect to … As originally enacted, section 7430 required that a taxpayer establish that the position of the United States was unreasonable.