Case law

Mendez v. United States

121 Fed. Cl. 370 · United States Court of Federal Claims · May 29, 2015

In Mendez’s petition for remission to the DOJ’s Asset Forfeiture and Money Laundering Section (AFMLS), he argued that he qualified as a “victim” of offenses committed by Battle and his co-defendants and was owed compensation … Furthermore, “the Government readily agreed to the insertion of a handwritten addition to the standard immunity agreement with the U.S.

American Mfg. Co. v. Commissioner

55 T.C. 204 · United States Tax Court · Oct 29, 1970

(hereinafter sometimes referred to as Pintsch), was a domestic corporation qualifying as a Western Hemisphere trade corporation under section 921. … We think this is clearly evidenced by the committee reports accompanying the enactment of section 203 (d) (2), wherein the following comment with example was given (H. Rept.

Anderson v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 24, 2025

S FEES AND COSTS 1 On October 11, 2022, Devon Anderson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioner alleged that he suffered immune … 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

Brunker v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 3, 2023

Brawer clearly based his causal opinion on silica and organosiloxane toxicity, he also less clearly cited articles purporting to show that vaccines can lead to either autism or HPV-vaccine syndrome … RHEUMATIC DISEASES & TREATMENT 1, 2 (Ex. 25) (citing Svetlana Blitshteyn et al., Autonomic Dysfunction and HPV Immunization: An Overview, 66 IMMUNOLOGICAL RESEARCH 744 (2018); Kazuki Ozawa et al., Suspected Adverse Effects

Flores v. United States

United States Court of Federal Claims · Apr 3, 2023

The Tucker Act serves as a waiver of sovereign immunity for “certain claims for monetary relief against the United States,” but it does not create a right to relief itself. Estes Express Lines v. … As discussed above, Plaintiff’s Complaint contains vague legal claims clearly outside of this Court’s jurisdiction that are based solely on factual allegations so outlandish as to be unbelievable.

Employe Benefit Plans

70 Pa. D. & C.2d 661 · Pennsylvania Department of Justice · Jun 30, 1975

In the normal course of transacting insurance business, insurance companies administer the payment of claims, and they would clearly do so in minimum premium agreements for those claims in excess of the liability assumed … Part 4 of Title I of the act establishes the scope and standards of fiduciary responsibility.

Porter v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 11, 2024

Respondent argues that this “clearly” identifies the left deltoid. Rule 4(c) Report at 11; Response at 9. … However, it is also true that Petitioner’s state’s health department had already published considerations for curbside or drive-through immunization services. Reply at 6, citing Ex. 26.

Soriano v. Commissioner

90 T.C. 44 · United States Tax Court · Jan 11, 1988

The amount of this credit is limited to the percentage of a taxpayer’s qualified investment in section 38 property. Sec. 46(a)(2)(A)(i). 9 Qualified investment is a percentage of basis, and basis is generally cost. … Petitioner clearly understood the effect of tax credits. One of the settled issues in this case involves the “Mid South Music Tax Shelter.”

Mexican American Import Co. v. United States

67 Cust. Ct. 272 · United States Customs Court · Oct 18, 1971

The appellate court stated (p. 182) : It is to be noted that all of the testimony and other evidence clearly establish that a woven upper is an essential characteristic of huaraches. … In our view the relevant exhibits and the Kleinman testimony clearly refute this contention.

Lincoln Services, Ltd. v. United States

678 F.2d 157 · United States Court of Claims · Apr 21, 1982

A NAVFAC division should "appoint its best qualified personnel to the Team and Board, regardless of where they are normally employed in the organization.” … NAVFAC-ATL clearly violated the criteria established in the manual relative to point awards in a technical evaluation.

Dawson-Alamo1 JV, LLC

Armed Services Board of Contract Appeals · May 30, 2019

[The Civilian Engineering Center] feels that your letter does not state the facts clearly." (App. supp. R4, tab 145) 5. … As performance of the SOW was the entire point of D035, the scope of the SOW qualifies as a basic assumption underlying the contract (SOF ,i 2).

Yerxa v. United States

11 Cl. Ct. 110 · United States Court of Claims · Oct 14, 1986

On this basis alone, the case is clearly distinguishable. … and applies therefor; or (2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment. .

Hazard v. Commissioner

40 B.T.A. 204 · United States Board of Tax Appeals · Jun 30, 1939

The petitioners in Docket No. 89684 are the duly qualified executors of Laura Pelton Hazard, who died September 3, 1934, at the age of 71 while a resident of New York City. … "The mere purpose to make provision for children after a donor's death is not enough conclusively to establish that action to that end was 'in contemplation of death.'" .

Hancock Constr. Co. v. Commissioner

11 B.T.A. 800 · United States Board of Tax Appeals · Apr 24, 1928

One qualifying share was issued to a relative which share was then turned over to Meirowitz. Four shares were issued to Mrs. … The evidence adduced clearly establishes the fact that during 1920 the Robbins Construction Co. was merely inactive. It had not been dissolved either voluntarily or involuntarily.

Lee v. United States

22 Cl. Ct. 457 · United States Court of Claims · Jan 29, 1991

Plaintiffs’ suit, therefore, is predicated on plaintiffs being able to establish ownership of the land in the course of this takings action. … During that 90-day period, qualifying veterans “shall have a preferred right of application.” See also Alaska Mental Health Enabling Act, Ch. 772, § 202(b), Pub.L.

Brittingham v. Commissioner

13 B.T.A. 375 · United States Board of Tax Appeals · Sep 13, 1928

marriage therein, subject to the provisions of this law in so far as it concerns the goods they may possess in the Republic and with respect to the effects which their matrimonial state may give rise therein. (8) That two qualified … But the Zemurray case, in its facts, is clearly distinguishable from the cases now before us. The Robbins case was decided January 4, 1926.

Belker-Frechette v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 6, 2025

Respondent disputes Petitioner has established pain onset timing consistent with the requirements of a Table SIRVA. … Id. at 9 (list of immunizations), 9-13 (testing), 17-18 (PCP’s assessment and instructions).

Simpson v. Comm'r

86 T.C.M. 470 · United States Tax Court · Oct 21, 2003

From 1987 to 1996, according to petitioner, Avis established and maintained a qualified Employee Stock Ownership Plan (ESOP) in which petitioner was a participant. … a participant under a plan, (2) clearly specifies certain facts, and (3) does not alter the amount of the benefits under the plan.

Cupey Bajo Nursing Home, Inc. v. United States

40 Cont. Cas. Fed. 76,952 · United States Court of Federal Claims · Jun 24, 1996

And yet plaintiff fails to point to any such approval or other indication that would lead Cupey Bajo into believing such approval was supplied by HUD. 25 Indeed, the foregoing correspondence clearly establishes that HUD required … over which this court clearly lacks subject matter jurisdiction.

Kemp v. United States

124 Fed. Cl. 387 · United States Court of Federal Claims · Nov 20, 2015

It is, therefore, well-established that this court does not have jurisdiction to hear any claims against defendants other than the United States. … The court may dismiss claims that are “based on an indisputably meritless legal theory” and “claims *397 whose factual contentions are clearly baseless.”