Case law

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”).

Pamela J. Sharp v. Eric K. Shinseki

23 Vet. App. 267 · United States Court of Appeals for Veterans Claims · Oct 15, 2009

This regulation similarly does not aid in discerning whether the Secretary considers there to be only one qualifying rating, as opposed to every rating meeting the statutory requirements to be a qualifying rating. … The Court is not persuaded by the Secretary's argument that this language supports his interpretation that only the first qualifying disability rating qualifies for additional compensation.

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

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

Congressional Oversight of the White House

Department of Justice Office of Legal Counsel · Jan 8, 2021

Id. at 751. 10 The Presi- 10 The Supreme Court has held that presidential aides are generally treated differently from the President for purposes of immunity in civil litigation, receiving qualified im- munity rather … In deter- mining whether a person qualifies for this immunity, we have considered the day-to-day responsibilities of the adviser and the extent of his or her regular interaction with the President.

Jack R. Mendenhall Corp. v. Commissioner

68 T.C. 676 · United States Tax Court · Aug 4, 1977

The original provisions of petitioner’s plan clearly did not qualify in form under section 401 prior to the time the plan was amended. … In that case, the employer, who was on a calendar year basis, established a stock option plan in December 1969 for its employees. The plan was to be effective immediately and apply to the calendar year 1969.

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

23 Cl. Ct. 287 · United States Court of Claims · Jun 4, 1991

Standards were established for conduct of proceedings on a petition (Section 12(d)(3)(B)). … Clearly, in Potter, Hulsey, and in this case, it is the factual underpinning that is determinative; the label applied does not control a determination of allowability of the award.

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.

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.

Sanchez v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 5, 2022

Nahm had reliably established that a pertussis infection (as opposed to the vaccine) could stimulate one part of the immune system associated with CIDP’s pathogenesis—but not that the stimulated T-helper cells responding … Certainly he offered reliable literature, like Mathey and Ross, establishing that these immune cells promote a healthy adaptive response to pertussis vaccines.

Howard Hughes Co., LLC v. Comm'r

142 T.C. 355 · United States Tax Court · Jun 2, 2014

Petitioners have not established that at the time of each sale qualifying dwelling units would ever be built on the sold land. … Consequently, petitioners have failed to establish that such construction costs are incurred with respect to qualifying dwelling units.

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.

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.

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

CERVANTES

22 I. & N. Dec. 560 · Board of Immigration Appeals · Jul 1, 1999

II 1996), which require that an alien establish extreme hard- ship to his or her United States citizen or permanent resident alien spouse or parent in order to qualify for a waiver of inadmissibility, are applicable to pending … Establishing eligibility for a waiver under then- existing section 212(i) of the Act would mean that the respondent would not be required to establish extreme hardship only to his spouse or any other qualifying relative.

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.

In re Practice of Architecture

38 Pa. D. & C. 60 · Pennsylvania Department of Justice · Mar 5, 1940

blanks containing questions tending to establish the moral character, educational qualifications, practical experience, and identification if the applicant desires to be registered as a qualified architect. … containing questions serving to establish the moral character, educational qualifications, practical experience, and identification of the applicant. 8.

Northrop Grumman Computing Systems, Inc. v. United States

99 Fed. Cl. 651 · United States Court of Federal Claims · Jun 23, 2011

The plaintiff must establish that the court has subject matter jurisdiction over its claims. Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988); Klamath Tribe Claims Comm. v. … While that section allows for assignments to a “financing institution of money due or to become due under a contract,” 31 U.S.C. § 3727 (e), and ESCgov arguably qualifies as such an institution, Northrop admits that it did

Carraggio v. Secretary of Department of Health & Human Services

38 Fed. Cl. 211 · United States Court of Federal Claims · May 21, 1997

It usually occurs *220 within 12 hours after an immunization. No such event is described in the mother’s testimony. Report of Dr. … This Court rejects that contention, however, as clearly contrary to Dr. Guggenheim’s opinions in her written report. See Report of Dr. Guggenheim at 3-4. .

Dupuch-Carron v. Secretary of Health and Human Services

United States Court of Federal Claims · Sep 25, 2019

The petitioners contend that failing to apply the “ordinary meaning” of the word is “clearly inconsistent with the Supreme Court’s unanimous holding in Sebelius v. Cloer.” See Sebelius v. … Cl. 114, 120 (1996) (“[T]he Vaccine Act is a limited waiver of sovereign immunity.”).