Case law

Brantley v. Secretary of Health and Human Services

United States Court of Federal Claims · Nov 16, 2023

Brantley’s “somewhat systemic initial symptoms and persisting intermittent paresthesias may be reflective of a[n] autoimmune response to his immunization.” Id. Dr. … Standards for Adjudication A petitioner is required to establish his case by a preponderance of the evidence. 42 U.S.C. § 300aa–13(1)(a).

Grandits v. United States

66 Fed. Cl. 519 · United States Court of Federal Claims · Jun 23, 2005

(d) An employee who clearly meets the criteria for exemption must be designated FLSA exempt. … That is not to take away from the skilled work performed by employees who do not qualify for the professional exemption.

Empire Distributors v. United States

30 Cust. Ct. 487 · United States Customs Court · Dec 30, 1952

Thereafter, in a well-reasoned and clearly stated memorandum and order reported in 24 Cust. Ct.- 609, Reap. … In this case, a witness who, because of his position in the company, was qualified to testify, stated that certain items of general expenses or overhead were either wholly or partially not applicable to the production of

Anaheim Gardens v. United States

107 Fed. Cl. 404 · United States Court of Federal Claims · Sep 26, 2012

Thetford had filed suit in United States District Court on a due process-based challenge to the prepayment restrictions established by ELIHPA. … HUD was clearly statutorily barred from approving the POA of any property that did not meet the criteria of § 4108.

Shoffner v. Principi

16 Vet. App. 208 · United States Court of Appeals for Veterans Claims · Jul 30, 2002

The Court's jurisdiction to review this matter is established by 38 U.S.C. § 7252. I. FACTS Veteran Shoffner served in the U.S. … Hendrix's independent medical opinion (IMO) likely could not qualify here because, even if there were an outline, he did not conduct an examination of the veteran. R. at 596-98.

Mathis v. Commissioner

19 T.C. 1123 · United States Tax Court · Mar 25, 1953

The property was distributed to the directors of the Company, who were Sherman and the two qualifying shareholders, as trustees under *1125 the laws of Alabama. … In the instant case, however, the evidence establishes that the two transactions were not steps in one over-all preconceived plan.

Whistleblower 22716-13W v. Comm'r

146 T.C. 84 · United States Tax Court · Mar 14, 2016

Where Congress uses a term of art that has acquired an established meaning over a long period, Congress presumably intends that meaning when it uses that term. See, e.g., Morissette v. … Congress clearly knows how to create such links when it intends to do so. For whatever reason, it did not create links of the sort petitioner desires between subsection (b)(5) and the rest of the statute.

Y-L

23 I. & N. Dec. 270 · Board of Immigration Appeals · Jul 1, 2002

In short, Y-L- has failed to sustain his burden of establishing entitlement to deferral of removal. B. … To the contrary, the immigration judge’s factual findings are clearly erroneous.

Alion Science & Technology Corp. v. United States

69 Fed. Cl. 14 · United States Court of Federal Claims · Nov 2, 2005

The first was that the period between September and December 2005 was “time-critical,” with an immediate need for qualified personnel. Id. at 4 . … The second was that during this “time-critical” period, AES-ITT was the only source with qualified personnel which DSO could use to perform the work described in the contract. Id. at 3-4 .

Recklitis v. Commissioner

91 T.C. 874 · United States Tax Court · Nov 7, 1988

Our prior findings in this case clearly and convincingly establish the existence of an underpayment in each of the years at issue. … Having considered all of the evidence before us, we conclude respondent has clearly and convincingly established fraud under section 6653(b) in each year at issue. In Bradford v.

O'Connor v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 17, 2014

Anderson, who is identified as a retired behavioral specialist, asserted only that when JR "started the hep immunizations, his development started to change. .. … Russell’s letter did not indicate the physician’s view that a vaccine or vaccines caused JR’s conditions.3 On January 30, 2013, l issued an Order instructing Petitioner to file the expert report of a qualified medical doctor

Gokey Properties, Inc. v. Commissioner

34 T.C. 829 · United States Tax Court · Aug 12, 1960

Respondent, on brief, argues “thin capitalization” and seeks to establish an unfavorable debt-equity ratio. … However, in view of other factors clearly indicating that the bonds did not constitute a genuine indebtedness, we deem it unnecessary to consider this argument. . Decision will be entered for the respondent.

Smith v. United States

41 Cust. Ct. 403 · United States Customs Court · Nov 17, 1958

It has been sufficiently established that, at the time of shipment, the instant importation had an average thickness of 0.00346 of an inch per sheet. … Well-qualified witnesses have expressed the opinion that the effects of moisture in the air would not be felt deeper than one-half inch from the surface of a roll of newsprint, by reason of the protection provided by the

National Starch Products, Inc. v. United States

46 Cust. Ct. 199 · United States Customs Court · May 18, 1961

To the extent that they are, which is in no wise clearly indicated, it appears that these are thinner boards than those represented by the exhibits before the court. … Chief use in this area of application would seem, therefore, to have been clearly negated.

Norman G. Jensen, Inc. v. United States

46 Cust. Ct. 177 · United States Customs Court · May 8, 1961

Eatcliffe was manager of the Edmonton plant of Alsask Processors, Ltd., presumably he was qualified to have an understanding with respect to the processing. … The reason for such statement is obvious from the facts in that case, and clearly is not pertinent under the facts of the instant case. [Pp. 93, 94.]

Paccar, Inc. v. Commissioner

85 T.C. 754 · United States Tax Court · Nov 13, 1985

It is clearly established that one of the indicia of ownership is the right to dispose of property. … Petitioner has not, however, established the added cost of marketing abroad and maintaining a selling staff in foreign nations.

Rogers v. United States

90 Fed. Cl. 418 · United States Court of Federal Claims · Nov 23, 2009

Although a public recreational trail could be described as a roadway for the transportation of persons, the nature of the usage is clearly different. … Specifically, Section 8(d) of the Rails to Trails Act established a mechanism known as "railbanking,” whereby railroads ceasing operations on particular lines would convey the lines to qualified entities to operate the rights-of-way

RODELA v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · May 7, 2024

Harris specifically agreed that, even if it is not preferred, neuroinflammation can be identified by resident immune cells without infiltrating immune cells. … I mean, on some level, the two of you are clearly looking at the same thing and coming to slightly different conclusions.” (ECF No. 122, p. 22 (quoting Tr. 375).) Dr.

Brouette v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 2, 2025

Although Petitioner had absent reflexes in his face and arms on November 28, 2017, “[t]he MRI the day before clearly demonstrated bilateral strokes and it is well known that strokes may initially cause hyporeflexia.” … To establish an off-Table injury, a petitioner “must show ‘a medical theory causally connecting the vaccination and the injury’” to establish that the vaccine was a substantial factor in bringing about the injury.

VARUGHESE

17 I. & N. Dec. 399 · Board of Immigration Appeals · Jul 1, 1980

The immigration judge found that the respondent did not qualify for adjustment of status as a minister under section 101(a)(27)(C) of the Act, 8 U.S.C. … It is clear to this Board that the Service has established that the respondent is an overstay and is therefore deportable.