Case law

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  • State Farm Show Arena

    1 Pa. D. & C.3d 168 · Pennsylvania Department of Justice · Dec 30, 1976

    Therefore, it is quite clear that the Farm Show Arena does qualify as a public facility. Once a facility has been designated as being open to the public, the inquiry does not end. … A review of decisions involving the Establishment Clause demonstrates that this is not the case.

    Cited 0 timesPublished
  • Strickland v. United States

    42 Fed. Cl. 41 · United States Court of Federal Claims · Oct 9, 1998

    Their land was located in a nationally significant area then, and whoever else the Act was intended to reach, clearly it applied to these plaintiffs. … The words “prescribed therein” in reference to the 1960 Act presumes that an individual who qualified for compensation would review its contents.

    Reversed by Caroline E. Strickland, and Arthur Charlton and Joyce Healy v. United States, 199 F.3d 1310 (1999)Cited 2 timesPublished
  • Grigsby v. Department of Energy

    585 F.2d 1069 · Temporary Emergency Court of Appeals · May 2, 1978

    The official status of the Robert Leger Well No. 1 production from October 14, 1974, until June 24, 1976, is not clearly established by the record or the briefs before us. … Order No. 464-F-l, issued on February 20, 1969, established two units in place of the one unit established by Order No. 464: the Heywood RA SU A and the Heywood RA SU B.

    Cited 30 timesPublished
  • Sokol v. United States

    120 Fed. Cl. 144 · United States Court of Federal Claims · Feb 23, 2015

    He further argues that he qualified for, but was denied, disability retirement under 10 U.S.C. § 1201 (2012) with a minimum rating of fifty percent. … The Tucker Act confers jurisdiction on this court and waives sovereign immunity, see Greenlee Cnty., Ariz. v. United States, 487 F.3d 871, 875 (Fed.

    Cited 7 timesPublished
  • Pollei v. Commissioner

    94 T.C. 595 · United States Tax Court · Apr 18, 1990

    Commuting is one of the expenses that is so inherently personal that it cannot qualify for deductibility, irrespective of its role in the taxpayer’s trade or business. Moss v. … The cases considered by the Court of Appeals do not directly address the same issue or establish that respondent’s position was unreasonable. Christey v.

    Cited 13 timesPublished
  • UnitedHealth Military & Veterans Services, LLC v. United States

    132 Fed. Cl. 529 · United States Court of Federal Claims · May 30, 2017

    and maintaining, throughout the life of the contract, qualified, experienced key personnel.” … Cir. 2012) (explaining that the Tucker Act expressly waives sovereign immunity for claims against the United States in bid protests).

    Cited 23 timesPublished
  • Forte, Dupee, Sawyer Co. v. United States

    56 Cust. Ct. 236 · United States Customs Court · Mar 21, 1966

    The defendant’s witness Shlomm, while well qualified to testify concerning cashmeres, gave no testimony whatever concerning the exhibits before the court. Dr. … As hereinbefore pointed out, the evidence in this case clearly establishes that the merchandise is not a waste. If the imported fibers could, under the evidence, be held to be waste, still they definitely are not noils.

    Cited 0 timesPublished
  • Kerri Speights, Parent of Tyler Speights, a Minor v. Secretary of Health and Human Services 0

    United States Court of Federal Claims · Oct 17, 2013

    Congress clearly considered, and rejected, this proposed exception. … established Congressional intent to reject a discovery rule.

    Cited 0 timesUnpublished
  • Coca-Cola Bottling Co. v. Commissioner

    22 B.T.A. 686 · United States Board of Tax Appeals · Mar 11, 1931

    The volume of stock sold is not large enough to indicate, clearly, any market value. However, such sales should not be wholly ignored. … Those witnesses thoroughly qualified as expert, experienced Coca-Cola dealers.

    Cited 30 timesPublished
  • Lewis v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 15, 2020

    Lewis had not established the reasonableness of the proposed hourly rates. In the absence of any persuasive evidence from Ms. … Djalilian is well-qualified to express opinions about hearing loss. His credentials on the topic of hearing are obvious. The problem, however, is that Dr. Djalilian’s opinions about Ms.

    Cited 0 timesPublished
  • La Gloria Oil & Gas Co. v. United States

    56 Fed. Cl. 211 · United States Court of Federal Claims · Apr 15, 2003

    Moreover, defendant argues that Barrett III does not establish the illegality of the EPA clause. … Quinn’s declaration to establish the interpretation of FAR § 16.203.

    Cited 10 timesPublished
  • Yuchi (Euchee) Tribe of Indians v. United States

    145 F. Supp. 206 · United States Court of Claims · Oct 2, 1956

    It is our opinion that in these conclusions the Commission was clearly right. … Their kinds of government approach the qualified monarchy.

    Cited 5 timesPublished
  • Mann v. United States

    86 Fed. Cl. 649 · United States Court of Federal Claims · Apr 14, 2009

    Mann himself, Tr. at 127-237, 245-324; a former Chaffee employee who was qualified as an expert in geology and hydrogeology, including geothermal resources, see Tr. at 16 (qualifying Mr. … See Tr. at 480 (qualifying Mr. Whittier). The government called two witnesses, one of whom was an expert in geothermal energy. See Tr. at 740-41 (qualifying Mr. Lane).

    Cited 4 timesPublished
  • Finch v. Secretary of Health and Human Services

    United States Court of Federal Claims · Mar 16, 2026

    In order to qualify for a Table presumption of causation for GBS, a petitioner must establish that she experienced the onset of her symptoms within 3-42 days of the subject flu vaccination, and that she satisfies the criteria … of the petitioner’s immune system that led to a rapid onset of GBS and thus a 1-day onset was appropriate); Shyface v.

    Cited 0 timesUnpublished
  • SDI Technologies Inc. v. United States

    21 Ct. Int'l Trade 895 · United States Court of International Trade · Aug 7, 1997

    Moreover, this Court rejects SDI’s suggestion that the producer/consumer shift alone qualifies an article for duty-free status. … While the tests applied to establish conformance with these three statutes are similar, the outcomes may differ because the statutes differ both in language and in purpose. Id.

    Cited 4 timesPublished
  • Solano v. United States

    United States Court of Federal Claims · Feb 28, 2023

    The Complaint clearly alleges that these Counts arise solely under the FLSA. E.g., ECF No. 1 at ¶¶ 22-23, 30-35. … “It is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional in nature.” Martinez v.

    Cited 0 timesUnpublished
  • Cronin v. United States

    108 Fed. Cl. 39 · United States Court of Federal Claims · Dec 19, 2012

    The regulation clearly contemplates a holding period for further evaluation. … According to plaintiff, the latter would qualify as a new diagnosis under SECNAVINST 1850.4D, paragraph 3618.

    Cited 1 timesPublished
  • AT & T Corp. v. United States

    76 Fed. Cl. 297 · United States Court of Federal Claims · Apr 26, 2007

    TR 78 (emphasis added). * # ❖ If you look at the definitions of segment closing and of segment in the 1995 amendments as I mentioned earlier, segment is clearly an operating unit. … The adjustment amount shall be reduced for any excise tax imposed upon assets withdrawn from the funding agency of a qualified pension plan.

    Cited 0 timesPublished
  • Hudson v. Commissioner

    103 T.C. 90 · United States Tax Court · Jul 27, 1994

    Depreciation is allowed in the year qualifying property is placed in service by a taxpayer. Secs. 1.167(a)-10(b) and 1.167(a)-ll(e)(l)(i), Income Tax Regs. … Valuation overstatements and thus tax-motivated transactions with regard thereto clearly exist, and petitioner is thus liable for the section 6621(c) addition to tax with respect to the portion of the 1983 tax deficiency

    Cited 6 timesPublished
  • Plasticoid Manufacturing Inc. v. United States

    28 F. Supp. 3d 1352 · United States Court of International Trade · Nov 24, 2014

    However, the language establishing the respective scopes of the antidumping and countervailing duty orders are identical. Accordingly, all provisions discussed in this section appear in both Orders. … And, as Plasticoid emphasizes, Plasticoid’s claim is that the straight edges qualify for a different exclusion – i.e., the finished merchandise exclusion.

    Cited 2 timesPublished

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