Case law

Morrison v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 9, 2024

There, he discovered that another paper found a region around WEQ where there was an immune response when a human was immunized with diphtheria. … The fact that we still immunize people for diphtheria provides strong support for this point. In other words, CRM197 does not confer immunity against diphtheria.

Pacific Overseas Co. v. United States

30 Cust. Ct. 43 · United States Customs Court · Feb 5, 1953

“The description of the method of production of the linoleum in issue, as well as the samples thereof which have been received in evidence, clearly establishes that it is not inlaid linoleum within the common meaning of that … This witness did not testify to any other sales experience prior to 1930 and was, therefore, not qualified to give testimony as to the commercial meaning of the term “inland linoleum,” at or immediately prior to 1930, in

Q-T-M-T

21 I. & N. Dec. 639 · Board of Immigration Appeals · Jul 1, 1996

Indeed, while distinctions can be drawn, all refugees qualifying for nonrefoulement under section 243(h) will be persons facing the clear proba- bility of threats to their lives and safety. INS v. … In the AEDPA, Congress clearly stated its concern that international obli- gations not be abrogated.

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.

Kosmo v. United States

72 Fed. Cl. 46 · United States Court of Federal Claims · Jul 25, 2006

The NNRPS consisted of: officers and enlisted personnel without MSOs [military service obligations] who still qualify for worldwide duty. Officers are assigned to NNRPS when ... … It is well established that equitable tolling must be strictly construed.

Ourisman v. Commissioner

82 T.C. 171 · United States Tax Court · Jan 26, 1984

Despite our determination regarding the fifth National Carbide factor, we conclude, as we did in Roccaforte, that the petitioners have clearly established that the corporation acted as the partnership’s agent in the construction … The Fifth Circuit’s argument that our holdings in Roccaforte and herein may permit any closely held corporation to qualify as a nontaxable agent is unfounded.

St. Bernard Parish Government v. United States

121 Fed. Cl. 687 · United States Court of Federal Claims · May 1, 2015

In addition, the District Court held that those actions: (1) were not subject to the Flood Control Act immunity; (2) did not satisfy the “due care” exception to the waiver of sovereign immunity; and (3) did not satisfy the … See id. at 399 (“The district court’s careful attention to the law . . . allow us to uphold its expansive ruling in full, excepting our minor restatement of FCA immunity.”).

Venni v. Commissioner

47 T.C.M. 874 · United States Tax Court · Jan 10, 1984

Petitioner must therefore prove that local congregation No. 00230 independently qualified *674 under section 170(c)(2) in order for alleged contributions to that entity to qualify as charitable contributions under section … The record clearly establishes that the position petitioner chose to take on his 1979 return which resulted in the underpayment of tax, was "at best wishful thinking and at least intentional disregard of the rules and regulations

Chaparral Steel Co. v. United States

698 F. Supp. 254 · United States Court of International Trade · Sep 28, 1988

This investigation, as established by the record presented for review in this case and contrary to the assertions of the defendant and defendant-intervenor, resulted in a final affirmative determination. … The legislative history also establishes that the marketing of imports, not the investigations be reasonably coincident in time.

Hopkins v. Commissioner

15 T.C. 160 · United States Tax Court · Aug 29, 1950

With respect to the Irvington property, however, the evidence clearly establishes that the tax arrearages had greatly exceeded the fair market value of the property by the year in which petitioner first seeks to take his … The unsafe building notice issued in 1940 clearly shows that the building was not properly maintained.

MG Altus Apache Co. v. United States

111 Fed. Cl. 425 · United States Court of Federal Claims · May 30, 2013

Plaintiff has the burden of establishing that the responsibility determination was arbitrary and capricious. Impre-sa, 238 F.3d at 1337 . … Although MG EMA attempted to improve its performance and did implement some corrective action, the record clearly establishes that MG EMA had significant lapses in its required performance under the HNT contract.

Saliense Consulting LLC v. United States

United States Court of Federal Claims · Jun 23, 2025

feasibility of the roles, the responsibilities of the quoter’s team, how their management approach described day-to-day operations, and whether the quotation demonstrated the offeror’s ability to recruit, hire, train, and retain qualified … See Tab 15a at AR 728 (requiring resumes contain an “overview of duties” and “clearly demonstrate the proposed personnel meet the key personnel minimum qualifications”).

Butler v. United States

442 F. Supp. 2d 1311 · United States Court of International Trade · Jun 30, 2006

In any event, the date on the envelope would appear to be a critical piece of evidence for the Government – key to establishing the actual “date of the notice of suspension.” … And, under the circumstances of this case, it is not clear how the precise “date of the notice of suspension” can be definitively established.

Former Employers of Merrill Corp. v. United States

483 F. Supp. 2d 1256 · United States Court of International Trade · Mar 28, 2007

Displaced workers will qualify for assistance if they satisfy one of the two methods set forth in the Trade Act. … Likewise, if Plaintiffs’ design production were immune to direct competition as Labor claims, off-shoring could not have affected Plaintiffs’ jobs by reducing demand for their designs. Id. at *18-19.

Tax Analysts v. United States

11 Cl. Ct. 802 · United States Court of Claims · Feb 24, 1987

Further, defendant contends that none of the expenses claimed, except the filing fee, qualifies under the taxable costs provisions of 28 U.S.C. § 1920 or Appendix I of the RUSCC and therefore should not be awarded. … Kansas City followed Columbus Fruit, holding that only litigation fees are recoverable, but extrapolated on that holding, stating that “Accordingly, the court need only determine the position of defendant to see if it was ‘clearly

Whitmire v. Cherokee Nation

30 Ct. Cl. 180 · United States Court of Claims · Mar 18, 1895

I suggested that he appoint some person properly qualified, who should be instructed to be present at all examinations, and whose duty it should be to call my attention to any attempt at fraud, and who should see the manner … at tbe date of said treaty, or wbo bad returned thereto within sis months of said last-mentioned date, and their descendants, were admitted into and became a part of tbe Cherokee Nation and entitled to equal rights and immunities

Navajo Tribe of Indians v. United States

9 Cl. Ct. 336 · United States Court of Claims · Jan 15, 1986

Congress clearly did not intend that claims that accrued some 16 to 32 years after August 13, 1946 be immune by judicial fiat from the jurisdictional cut-off date it established. … Clearly, the circumstances are not significantly comparable. .

Constitutionality of Statute Requiring Executive Agency to Report Directly to Congress

Department of Justice Office of Legal Counsel · Nov 5, 1982

As discussed in Section II of this opinion, several clearly established principles of the separation of powers doctrine apply to the question raised by the concurrent reporting provision. … These three cases clearly establish the President’s right to control the actions and duties of his subordinates within the Executive Branch.

Young v. Commissioner

58 T.C. 629 · United States Tax Court · Jul 18, 1972

OPINION The issue confronting us is whether payments made in the taxable years 1966 and 1967 by George to his former wife, Glendora, qualify as periodic alimony payments. … In Williams , the former spouses likewise agreed to an installment arrangement in lieu of the periodic arrangement established by the decree. They also executed a satisfaction of judgment. Mary Louise Williams, supra .

Royal Thai Government v. United States

441 F. Supp. 2d 1350 · United States Court of International Trade · Jul 26, 2006

Deductions may be made for: (A) any application fee, deposit, or similar payment paid in order to qualify for, or to receive, the benefit of the countervailable subsidy, (B) any loss in the value of the … Instead, Commerce must affirmatively establish the non-countervailability of the tariff rate selected for use as a benchmark in benefit analysis.