Case law

Adde v. United States

95 Fed. Cl. 4 · United States Court of Federal Claims · Oct 7, 2010

sufficient for the [NIH Clinical Center] to be competitive, on the basis of pay and other employee benefits, with non-Department health-care facilities ‘in the same labor-market area,’ in the recruitment and retention of qualified … NIH policy clearly does not support setting Ms. Adde’s salary in Brussels at the rates set forth in the N-01 Special Salary Schedule.

Siemens Government Technologies, Inc. v. United States

United States Court of Federal Claims · Jul 25, 2025

When a Rule 12(b)(1) motion challenges our jurisdiction, the plaintiff must establish jurisdiction by a preponderance of the evidence. Williams v. United States, 165 Fed. Cl. 72, 74 (2023). … Historically, “federal procurement decisions” were “largely immune from judicial review” until Heyer Products Company v. United States. Validata Chem. Servs. v. U.S. Dep’t of Energy, 169 F.

Management & Training Corporation v. United States

115 Fed. Cl. 26 · United States Court of Federal Claims · Mar 14, 2014

In that vein, the RFI emphasized that “ALL QUALIFIED SMALL BUSINESSES . . . ARE ENCOURAGED TO PARTICIPATE” in responding to the RFI. Id. … In fact, defendant repeatedly supports its position by plucking quotes from cases that are clearly inapposite.

Brach v. United States

98 Fed. Cl. 60 · United States Court of Federal Claims · Mar 9, 2011

Even if the court takes the plaintiffs alleged facts as true that he suffered from an impairment that qualified him to claim an extension of time to file his refund claims with the IRS under I.R.C. § 6511(h) when he filed … Upon close examination of the plaintiff's motion, the case docket, and the government’s answer, the court finds that the physical date stamp on the government’s answer clearly reflects a timely date of filing of September

Hunt Building Co. v. United States

61 Fed. Cl. 243 · United States Court of Federal Claims · Jul 8, 2004

Hunt has established three prejudicial violations of the Solicitation. … Had there been a level playing field, Hunt clearly would have stood a substantial chance of winning.

Anderson v. United States

143 Ct. Cl. 729 · United States Court of Claims · Oct 8, 1958

Anderson died *734 and Kenneth Ward Anderson has duly qualified and is now acting as executor of the estate of the deceased. … Definitions. — (a) The term “head of the department” as used herein shall mean the head or any assistant head of the executive department or independent establishment involved, and the term “his duly authorized representative

Hercules, Inc. v. United States

673 F. Supp. 454 · United States Court of International Trade · Oct 20, 1987

follows: (6) Net Subsidy. — For the purpose of determining the net subsidy, the administering authority may subtract from the gross subsidy the amount of— (A) any application fee, deposit, or similar payment paid in order to qualify … The case law set forth above clearly includes regional preference programs as countervailable subsidies.

Jack Daniel Distillery, Lem Motlow, Prop., Inc. v. The United States

379 F.2d 569 · United States Court of Claims · Jun 9, 1967

firmly established. … Brown-Forman had years of experience in the whiskey business and was well qualified to make this judgment.

Engle Investors v. United States

21 Cl. Ct. 543 · United States Court of Claims · Nov 27, 1989

Both parties provide affidavits and/or declarations that establish quite clearly that there is a dispute about a material issue of fact, i.e., the reasonableness of the resale price. … As is obvious from the above discussion, the matter is clearly not one for summary judgment. It is a matter for trial.

Mitsubishi Polyester Film, Inc. v. United States

228 F. Supp. 3d 1359 · United States Court of International Trade · Jun 8, 2017

To establish the pure question of law exception the following requirements must be met: (a) . . . plaintiff shall raise a new argument; (b) this argument shall be of purely legal nature; (c) … Commerce must reconcile these inconsistencies on remand and more clearly explain its reasoning without the assistance of post- hoc explanations from counsel. See Changzhou Wujin Fine Chem. Factory Co. v.

Sharpe v. United States

134 Fed. Cl. 805 · United States Court of Federal Claims · Nov 8, 2017

The APA in tum entitles a person legally wronged by agency action to seekjudicial review, thus waiving sovereign immunity of the United States. 5 U.S.C. § 703; Weaver v. United States, 46 Fed. Cl. 69, 76 (2000). … In order for a court to invoke the doctrine of judicial estoppel, this Court has noted that the following three elements must be satisfied: First, a party's later position must be 'clearly

Howard E. Clendenen, Inc. v. Commissioner

76 T.C.M. 394 · United States Tax Court · Sep 3, 1998

without published opinion 89 F.3d 841 (8th Cir. 1996).6 We rejected the same argument presented herein and concluded that respondent's position was clearly supported by the statute and regulations. … Petitioner has not argued or established that any corrective measures were taken to reduce these additions. See sec. 1.415- 6(b)(6), Income Tax Regs.

Neely v. United States

613 F.2d 802 · United States Court of Claims · Jan 23, 1980

the financial circumstances of the deceased employee’s family, "would usually, but not always, approve payment of an amount equivalent to the wage dividend the employee would have received if he had lived and otherwise qualified … It is well established that all elements of section 2039 must be present before the value of any payments may be included in the decedent’s gross estate. Kramer v. United States, 186 Ct.

Allstate Insurance v. United States

530 F.2d 378 · United States Court of Claims · Feb 18, 1976

which *4 Allstate either paid or reimbursed included the items listed in the margin. 2 Allstate’s moving expense policy was adopted for various business reasons, including Allstate’s desire to have at all times the most qualified … And as we clearly demonstrated herein, supra, the presence or absence of notice was the critical distinguishing factor in the Humble cases.

Dean v. Commissioner

35 B.T.A. 839 · United States Board of Tax Appeals · Apr 2, 1937

They duly qualified, and have since acted *837 and are now acting as trustees under and by virtue of said will. … The case of , is clearly distinguishable on the facts from the instant proceeding.

Villafranca v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 15, 2020

“was diagnosed with increased aggression on 12/29/2015, shortly after the immunization.” Id. ¶ 9 (citing exhibit 3 at 3). … The undersigned rejected the petitioner’s reliance on equitable tolling because she failed to establish diligence nor extraordinary circumstances. Petitioner could not establish diligence because she possessed Dr.

Prosecution for Contempt of Congress of an Executive Branch Official Who Has Asserted a Claim of Executive Privilege

Department of Justice Office of Legal Counsel · May 30, 1984

United States, 408 U.S. 606 (1972) (extending immunity of Speech and Debate Clause to congressional assis­ tants); Pierson v. Ray, 386 U.S. 547 (1967) (granting absolute civil immunity for judges’ official actions). … If Congress could use the power of criminal contempt to coerce the President either not to assert or to abandon his right to assert executive privilege, this clearly established presumption would be reversed and the presumptive

T. C. Bateson Construction Co. v. United States

319 F.2d 135 · United States Court of Claims · Jun 7, 1963

Qualified non-union labor was not available in the area. … What we have said previously indicates clearly that we are now confronted with a question of contract interpretation and as such it is a legal question on which the decision of the Appeals Board is not final.

Bank of Am. Trust & Sav. Ass'n v. Commissioner

61 T.C. 752 · United States Tax Court · Mar 18, 1974

Petitioner qualifies as a “Banking Business” under this schedule. … In Seatrain Lines, Inc., 46 B.T.A. 1076 (1942), the Cuban tax was clearly directed at net profit with the measure, in the case of the particular type of taxpayer, based upon gross income and an assumed level of expenses.

American Tech Solutions, LLC v. United States

United States Court of Federal Claims · Sep 16, 2025

Also, “adequate price competition” will normally establish a fair and reasonable price. FAR 15.404-1(b)(2)(i). … The SSA determined that price competition was established based on the receipt of seven price proposals. AR 1221.