Case law

Cordova v. Secretary of Health and Human Services

United States Court of Federal Claims · Aug 2, 2021

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 … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non–Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v.

Montgomery v. Secretary of Health and Human Services

United States Court of Federal Claims · Jun 18, 2019

Regardless of some limitations on the legibility of the notes, the entries clearly show that the author was assessing Ms. Montgomery as suffering from GBS. … Whitton explained that duration is especially important here because a release of cytokines is part of the innate immune system’s response, i.e., the body’s short-term immune 5 Exhibit N: Gee et al., Monitoring

Immunity of Smithsonian Institution From State Insurance Laws

Department of Justice Office of Legal Counsel · Apr 25, 1997

We are advised that the Smithsonian is now considering the establishment of a gift annuity program as a funding resource. … In so holding, the Court reasoned that an entity qualifies as “ what the Constitution regards as the Govern­ ment” if it is government-created and government-controlled. Id. at 392.

Easter House v. United States

12 Cl. Ct. 476 · United States Court of Claims · Jun 10, 1987

The IRS also found that plaintiff failed to qualify as an organization described in section 501(c)(3) because plaintiff failed to establish that no part of its net earnings inured to private individuals or that plaintiff … In the matter of qualifying for a charitable exemption under section 501(c)(3), the court finds no Congressional mandate that the general rule that a taxpayer must establish its own exemption should not be followed.

World Airways, Inc. v. Commissioner

62 T.C. 786 · United States Tax Court · Sep 18, 1974

of the Secretary or his delegate, does clearly reflect income. … from section 38 status certain property which otherwise might qualify.

E. Dillingham, Inc. v. United States

49 Cust. Ct. 34 · United States Customs Court · Sep 18, 1962

The witness Shermann, who is eminently qualified as a metallurgist and thoroughly familiar with the substance, character, quality, production, nomenclature, and utility of copper wire and copper in rods, established to our … Without further analysis of the testimonial record, which is not contradicted or refuted in any way, we are of the considered opinion that the record clearly establishes that the merchandise involved is not copper wire but

Luther Brady Tansil v. United States

113 Fed. Cl. 256 · United States Court of Federal Claims · Oct 30, 2013

It determined that “the evidence submitted was insufficient to establish the existence of probable material error or injustice.” Id. at 100. … A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 (1969).

FARIAS

21 I. & N. Dec. 269 · Board of Immigration Appeals · Jul 1, 1996

establish that the respondent married Raul in an attempt to prevent her deportation.” … The record clearly establishes that the respondent married Raul in an attempt to prevent her deportation by applying for the waiver.

Linen Thread Co. v. Commissioner

14 T.C. 725 · United States Tax Court · Apr 28, 1950

It was clearly not the purpose for which the American office was established to make sales in the United States. … C. 1009 , 1017: * * * The petitioner was not shown to be qualified to do business in New York under its law.

Dean v. Commissioner

10 T.C. 19 · United States Tax Court · Jan 8, 1948

When this recapitalization occurred it would seem to be established that petitioners’ contention had been approved by the Board of Tax Appeals in Elmer W. Hartzell, 40 B. T. A. 492. … In the Bazley case the taxpayer and his wife owned all of the capital stock except one qualifying share. There were 1,000 shares with a par value of $100 each.

Detroit International Bridge Co. v. United States

39 Cont. Cas. Fed. 76,711 · United States Court of Federal Claims · Oct 21, 1994

Shaw, 478 U.S. 310,314 , 106 S.Ct. 2957,2961 , 92 L.Ed.2d 250 (1986) (waiver of immunity as to interest must be “separate from a general waiver of immunity to suit”); accord Chiu v. … Detroit must do more, therefore, than merely establish an implied agreement to tender and accept “fair rental value.”

Guardian Industries Corp. v. Commissioner

143 T.C. No. 1 · United States Tax Court · Jul 17, 2014

)  -5- The EC was established in 1958 pursuant to the Treaty Establishing the European Economic Community (EC Treaty).4 The EC was created to accomplish common objectives … Under the FSIA, an entity qualifies for immunity from suit in U.S. courts if it is “an agency or instrumentality of a foreign state.”

Electro-Methods, Inc. v. United States

32 Cont. Cas. Fed. 73,426 · United States Court of Claims · Apr 18, 1985

Paragraphs (b)(1) and (2) of Section M-4 of the solicitation clearly permits a contractor to qualify under this restrictive procurement if it has either previously been approved as a supplier by the Department of Defense … Its preamble reads that it is a “regulation [that] establishes a joint method of qualifying sources of supply of aircraft engine parts which are designated technically restricted.”

WU

12 I. & N. Dec. 762 · Board of Immigration Appeals · Jul 1, 1968

The petitioner has established that the beneficiary is a skilled por son, coming to the United States to fill a position not of a temporary or seasonal nature, and that there is a shortage of such qualified persons in this … The evidence clearly establishes that the petitioning agency has complied with all the requirements of section 203(a) (6) and section 204 of the Immigration and Nationality Act, as amended.

Holmes v. Secretary of Health and Human Services

115 Fed. Cl. 469 · United States Court of Federal Claims · Apr 24, 2014

Kinsbourne’s “claim of a complex febrile seizure as a result of [Td] immunization occurring in a 14 year old adolescent.” Id. at 3. 2. … She found that petitioner’s expert relied on facts that were not established and was not as qualified as respondent’s expert in the areas of “diagnosing and treating febrile seizures and epilepsy.” Id.

Burgess v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 5, 2022

He cited papers by Murata 42 and Murata and Tsurumi 43 to establish that the “[p]hysiological stimuli that trigger viral reactivation in vivo have not been clearly identified.” Id. at 4, 6 (quoting Resp. 40Dr. … Respondent argues that Petitioner has not clearly established the nature of the illness which she alleges is vaccine-related, and that alleging an underlying autoimmune disorder is insufficient. Dr.

Waters v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 7, 2014

Pet’rs’ Ex. 92 at 2.20 These authors, however, have not established that such an immune-mediated mechanism exists. … That fact alone does not establish a vaccine-related injury.

Potter v. United States

United States Court of Federal Claims · Jul 21, 2022

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). The waiver of immunity “cannot be implied but must be unequivocally expressed.” … Further, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith because, as alleged, plaintiff’s claim is clearly beyond the jurisdiction of this court.

Loyd v. Secretary of Health and Human Services

United States Court of Federal Claims · Jul 1, 2021

The record clearly established the CBC panel ordered at Ms. Loyd’s request revealed a normal platelet level of 340,000. Id. at 112–13; Ex. 2 at 40. Dr. … In attempting to establish entitlement to a Vaccine Program award of compensation for a Non-Table claim, a petitioner must satisfy all three of the elements established by the Federal Circuit in Althen v.

B.F. Goodrich Co. v. United States

794 F. Supp. 1148 · United States Court of International Trade · Jun 9, 1992

Section 1313(j)(2) clearly and unambiguously states that imported merchandise, “on which was paid any duty, tax, or fee imposed under Federal law because of its importation” qualifies for drawback if the substituted goods … However, Customs established a substantive new requirement that does not exist in the statute.