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58 Fed. Cl. 291 · United States Court of Federal Claims · Oct 23, 2003
In Admiral, the court held: The Federal Circuit certainly was not establishing “negotiations” as a litmus test. … Furthermore, defendant’s argument ignores controlling case law establishing FHLBB’s broad authority to enter into contracts under 12 U.S.C. § 1725 (c).
Cited 5 timesPublished91 Fed. Cl. 111 · United States Court of Federal Claims · Jan 26, 2010
Dolan did, in fact, qualify for an award of physical disability benefits in lieu of termi-nation_” Def.’s Br. filed Aug. 29, 2007, at 2. … Plaintiffs burden is to show by “cogent and clearly convincing evidence” that the decision of the corrections board fails this standard. Wronke v.
Cited 5 timesPublishedWorldwide Language Resources, LLC v. United States
127 Fed. Cl. 125 · United States Court of Federal Claims · Jun 22, 2016
Plaintiff also alleges that “the solicitation was changed to its present defective form at the specific request of the Intervenor and is also ambiguous and clearly favors the Intervenor/incumbent on linguist density and location … Surely, those offerors would not have submitted proposals that they knew they were not qualified to win. INSCOM has indicated that it intends to award up to ten FP mission area contracts. AR 1431.
Cited 7 timesPublished46 B.T.A. 484 · United States Board of Tax Appeals · Feb 27, 1942
The provisions establishing the life estate and the remainder interest were identical with those of the Frederic S. Bell trust, but with Frederic S. … Before the trusts of April 28, 1932, were established, Frederic S. Bell told his son that he and Frances L.
Reversed on other grounds by Bell's Estate v. Commissioner of Internal Revenue, 137 F.2d 454 (1943)Cited 11 timesPublished35 B.T.A. 701 · United States Board of Tax Appeals · Mar 19, 1937
Two qualifying shares of stock were issued in the names of two employees of the company, but the actual owner was the petitioner. … The evidence is insufficient, we think, to establish that respondent's determination is erroneous. We had before us a similar situation in *855 ; affd., ; certiorari denied, .
Cited 43 timesPublishedFaulkenberry v. Secretary of Health and Human Services
United States Court of Federal Claims · Jan 29, 2026
Faulkenberry alleged the flu vaccine and the hepatitis A vaccine caused WCF to develop “acute encephalopathy post immunization and encephalitis/encephalomyelitis following immunization procedure,” as well as “severe developmental … She failed to establish a persuasive theory to explain how the hepatitis A and/or flu vaccines can cause anti-NMDAR encephalitis. 2024 WL 4892507.
Cited 0 timesPublishedAsheville Mica Co. v. Commissioner
34 T.C. 664 · United States Tax Court · Jun 30, 1960
Petitioner contends that the statutory definition of “total assets” is clear and unambiguous and leaves no room for interpretation, that the accounts receivable are clearly property, that the separate accounts receivable … West Construction Co., 7 T.C. 974 , referring to an excess profits credit granted under the World War II excess profits tax law, is equally applicable here, that “the fundamental purpose of the legislation * * * was to establish
Cited 0 timesPublishedAssociated General Contractors of America, Inc. v. Laborers International Union of North America
476 F.2d 1388 · Temporary Emergency Court of Appeals · Apr 12, 1973
The craft boards were to be established “to determine whether wages and salaries are acceptable in accordance with the criteria established in section 6.” (Sec. 2.) … It is neither a narrow nor a grudging construction to draw distinctions clearly delineated by controlling regulations, nor did the agencies have license to disregard them.
Cited 34 timesPublished92 Fed. Cl. 133 · United States Court of Federal Claims · Mar 29, 2010
First, plaintiff alleges that the AFBCMR’s September 25, 2003 and November 19, 2008 decisions “contained manifest errors and were clearly erroneous” and were “contrary to the [VA’s] award for service connected disability … A waiver of immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501 , 23 L.Ed.2d 52 (1969).
Cited 7 timesPublishedNational Pork Board and National Pork Producers Council v. Supreme Lobster and Seafood Company
Trademark Trial and Appeal Board · Jun 11, 2010
The survey was conducted by qualified persons following proper interview procedures, and in a manner that ensured objectivity. As to Mr. … Clearly, the owner of a product mark for fresh pork who does not control the quality of a licensee’s products risks a finding that its trademark has been abandoned.
Cited 0 timesPublishedLand Shark Shredding, LLC v. United States
United States Court of Federal Claims · Mar 21, 2019
Although both entities were considered to be qualified to perform the required services, SafeGuard’s proposal was determined to be the “most advantageous to the Government.” Id. … The court also finds that irreparable harm to plaintiff is not established because the protestor has not shown likelihood of success on the merits. See Akal Sec., Inc. v. United States, 87 Fed.
Cited 0 timesPublishedConstructora Guzman, S.A. v. United States
United States Court of Federal Claims · Sep 7, 2022
“The intended beneficiary need not be specifically or individually identified in the contract, but must fall within a class clearly intended to be benefitted thereby.” Montana v. United States, 124 F.3d 1269, 1273 (Fed. … In conducting its analysis, the Court “must distinguish between incidental and indirect beneficiaries and direct beneficiaries because only direct beneficiaries qualify for third-party beneficiary status.” Nelson Const.
Cited 0 timesPublishedUnited States v. American Home Assurance Co.
151 F. Supp. 3d 1328 · United States Court of International Trade · Dec 17, 2015
Nor would it make much practical sense in these commercial cases to require a surety to establish certain of its contractual rights in one forum, and then require the surety to establish other rights under the same contract … The Government clearly did not intend to abandon its claimed right to post-liquidation interest under 19 U.S.C. § 1505(d).
Cited 4 timesPublished49 Fed. Cl. 635 · United States Court of Federal Claims · Jun 28, 2001
The connection between recoupment and separation categories is established in two memoranda. … Pointing to the separations themselves, plaintiffs contend that they were clearly not separated “in a voluntary manner.” They were never asked if they agreed to their discharges.
Cited 3 timesPublished47 T.C. 165 · United States Tax Court · Nov 21, 1966
The cases cited by plaintiff are fully in accord with the proposition that, before a person can qualify for a deduction under section 162 , he must either be engaged in remunerative activity or have a definite connection, … I think that the Canter case is clearly distinguishable since it involved a much longer absence from her active nursing work.
Reversed on other grounds by Mary O. Furner v. Commissioner of Internal Revenue, 393 F.2d 292 (1968)Cited 36 timesPublishedGuilliod v. Secretary of Health and Human Services
United States Court of Federal Claims · Dec 2, 2024
ATTORNEYS’ FEES AND COSTS 1 On December 16, 2021, Eric Guilliod (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”) 2 alleging that he suffered immune … Respondent argued “the Court should reserve the highest rates for the most qualified experts opining on the most complex medical issues.” Resp. Response at 3.
Cited 0 timesUnpublished600 F.2d 1364 · United States Court of Claims · Jun 13, 1979
The evidence establishes that the 1307 fuel control (in the J-79 engine) uses the same parameters as Mock. … Defendant suggests that the test for a reduction to practice should be whether "persons qualified in the art are willing to manufacture and sell the invention, as it stands,” paraphrasing Sinko Tool & Mfg. Co. v.
Cited 29 timesPublished109 T.C.M. 1379 · United States Tax Court · Apr 8, 2015
And the doorknob hangers left by the truck drivers from Vietnam Veterans and Purple Heart clearly do not satisfy the regulatory requirements. … See sec. 170(f)(16)(C) (exception where “qualified appraisal” is supplied).
Cited 1 timesUnpublishedPasco v. Secretary of Health and Human Services
United States Court of Federal Claims · Oct 11, 2022
However, the evaluator noted that M.P. appeared to have improved language skills each week and did not qualify for speech services. Id. … “very clearly [] had an infection . . . [and w]e know very clearly that [] infection in itself solely as [a] cause of illness” with a “neurologic outcome, particularly ADEM and any form of that.” Tr. 150:11–17.
Cited 0 timesUnpublishedMissouri Baptist Hospital v. United States
555 F.2d 290 · United States Court of Claims · Apr 20, 1977
Cedars Realty & Development Corp., supra at 186, n.3, for example, the terms of the lease clearly provide that *513 the lessee would be responsible for the costs of repair. … The qualified appraiser, deceased at the time of trial, was of the opinion the property had a fair market value of $1,200,000.
Cited 27 timesPublished
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