Case law

United States v. Tiede

86 F.R.D. 227 · United States Court of Berlin · Mar 14, 1979

The Dorr Court held that those guarantees did not apply: We would even go farther, and say that most, if not all, the privileges and immunities contained in the Bill of Rights of the Constitution were intended to apply from … First, the statement of the issue in Madsen , as formulated by the Supreme Court, clearly indicates that the question of Mrs. Madsen’s right to a trial by jury was neither presented nor considered.

L'Oreal USA, Inc. v. Robert Victor Marcon

Trademark Trial and Appeal Board · Mar 20, 2012

Opposer’s record establishing fame essentially stands unrebutted by applicant. … Although these examples may be specifically distinguishable from the situation herein, the present circumstances qualify as another example of a lack of a bona fide intent to use a mark.

Former Employee of Drive Sol Global Steering, Inc. v. United States Secretary of Labor

181 F. Supp. 3d 1369 · United States Court of International Trade · Oct 13, 2016

STANDARD OF REVIEW The party seeking the Court’s jurisdiction has the burden of establishing that jurisdiction exists. See Norsk Hydro Canada, Inc. v. United States, 472 F.3d 1347, 1355 (Fed. Cir. 2006). … Moreover, “[w]here, as here, claims depend upon a waiver of sovereign immunity, a jurisdictional statute is to be strictly construed.” Celta Agencies, Inc. v. United States, 36 CIT __, __, 865 F.

Burroughs Corp. v. Commissioner

33 T.C. 389 · United States Tax Court · Nov 30, 1959

In so functioning the committee acts in accordance with certain approved and established policies and procedure. … Clearly petitioner fully intended to continue to operate the Farms at a substantial annual, loss after conveying it to the trust as it had done prior to the conveyance.

Davis v. Commissioner

22 T.C. 1091 · United States Tax Court · Aug 24, 1954

It had been her experience that individuals best qualified to invest funds and obtain a maximum return were of a type who were rarely interested in social service work. … It was its purpose and plan to disburse funds for projects which might arise and would be thought to qualify for assistance, the studies of these being made by KWA.

C-T-L

25 I. & N. Dec. 341 · Board of Immigration Appeals · Jul 1, 2010

To be eligible for asylum, an alien must qualify as a “refugee,” that is, a person who suffered persecution or has a well-founded fear of persecution “on account of race, religion, nationality, membership in a particular … Thus he clearly has not shown that one of the protected grounds was “at least one central reason” for the incidents that he described.

Nathan T. Meidl v. United States

108 Fed. Cl. 570 · United States Court of Federal Claims · Jan 25, 2013

If the MEB finds that a Soldier is not medically qualified for retention, a referral is made to a Physical Evaluation Board. … The burden of establishing jurisdiction falls upon the plaintiff. See FW/PBS, Inc. v.

Green v. Secretary of Health and Human Services

United States Court of Federal Claims · May 21, 2020

Accordingly, petitioner has not established Loving prong six (Althen prong three). F. … Accordingly, petitioner has not established Loving prong five (Althen prong two). G. Alternative Cause As discussed above, petitioner did not establish her prima facie case.

Estate of McGuire v. Comm'r

59 T.C. 361 · United States Tax Court · Nov 30, 1972

OPINION In order for the charitable remainder to qualify as a deduction under section 2055(a) , 2 the trustee’s power of invasion must be limited by a definite and ascertainable standard capable of being translated into terms … Had the decedent coupled the word “comfort” with the word “support,” the power quite clearly would have connoted “the objective station in life standard,” Salisbury v.

C.J. Mahan Construction Company

Armed Services Board of Contract Appeals · Sep 30, 2025

As Mahan notes, a go-fer, rather than a qualified diver, would not be able to use the third dive helmet (app. reply at 71). … Mahan bears the burden of establishing its damages.

Sheppard v. Secretary of Health and Human Services

United States Court of Federal Claims · Apr 29, 2025

Party Contentions and Issues to be Decided Petitioner asserts that her diagnosis of MCTD is established by her treating rheumatologist, Dr. Mangru, who is well qualified to render this diagnosis. … of the immune system, combined with genetic predisposition and loss of immune tolerance, can lead to an aberrant T-cell response to self-antigens resulting in MCTD.

Striplin v. United States

100 Fed. Cl. 493 · United States Court of Federal Claims · Aug 18, 2011

Plaintiff responds that, under basic principles of agency, civilian supervisory employees of the Army qualify as agents of the United States. PI. Resp. at 2. … In addition, Plaintiff asserts that he was underpaid due to computer errors and inappropriate withholdings, although the April 30, 2011 First Amended Complaint does not clearly explain the nature of these deficiencies.

RAILWAY LABOR EXECUTIVES' v. Consolidated Rail Corp.

666 F. Supp. 1573 · Special Court under the Regional Rail Reorganization Act · Aug 4, 1987

employees subject to collective bargaining agreements ("Agreement Employees") the preservation of the greatest number of jobs, a return to industry wage levels, compensation for their period of below-industry wages, and the establishment … The acceleration of the allocation and distribution of Conrail common stock held by Conrail's tax-qualified Employee Stock Ownership Plan; 4.

Menominee Indian Tribe of Wisconsin v. United States

39 Fed. Cl. 441 · United States Court of Federal Claims · Oct 30, 1997

The reservation was established "for the purpose of weaning [the Indians] from their wandering habits.” Id. at 344 . . … An immunization program was included. The BIA also provided support for sufferers of tuberculosis by paying for sanitarium care and supporting members of the family.

Biestek v. United States

United States Court of Federal Claims · Dec 28, 2022

A plaintiff has the burden to establish jurisdiction by a preponderance of the evidence. Brandt v. United States, 710 F.3d 1369, 1373 (Fed. Cir. 2013). … Biestek clearly shows that United Airlines paid the FICA taxes on his behalf at the time of his retirement as required by IRS regulations.

Advanced Tech. & Materials Co., Ltd. v. United States

2013 CIT 42 · United States Court of International Trade · Mar 28, 2013

to establish cash deposit rates that will prevail until an administrative review is completed or the deadline for review passes without a request therefor. … Legal consequences clearly flow from the section 129 determination, see Slip Op. 11-137 at 3-4, and the court therefore finds it “final” in the sense contemplated by Bennett v.

Scully v. Commissioner

34 B.T.A. 218 · United States Board of Tax Appeals · Mar 26, 1936

in their essential character, but it clearly demonstrates the contrary. … Moreover, the record reveals clearly the impelling motive for the gifts. They were made pursuant to a plan conceived years before by the father.

Kottenstette v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 27, 2017

Zempel accepts that vaccination provokes an immune response, he does not accept that this provoked immune response is a risk factor for causing infantile spasms. Id. Dr. … The Vaccine Act established a federal “compensation program” under which awards are to be “made to vaccine-injured persons quickly, easily, and with certainty and generosity.”

Rhodes v. Commissioner

41 B.T.A. 62 · United States Board of Tax Appeals · Jan 12, 1940

On February 5, 1934, petitioners were appointed executors of her estate by the court and qualified as such. Petitioner, J. … children established against opposition that *1272 she had but a life estate.

Lee's Ford Dock, Inc.

Armed Services Board of Contract Appeals · Mar 7, 2016

satisfaction of Lee's Ford's disaster loan debt to neutralize the detrimental effect that the frustrated contract continues to have on Lee's Ford" (SOF ~ 15). 2 2 We have no jurisdiction over subparagraph (a) that qualifies … The clause clearly places the risk of the damage now complained of on LFD.