Case law

Essen Mall Properties v. United States

36 Cont. Cas. Fed. 75,942 · United States Court of Claims · Sep 17, 1990

began discussions with the Postal Service in November 1985 concerning the Baton Rouge project, at which time plaintiff was told that its newly-constructed shopping mall (Essen Mall) was located in the geographical area thus qualifying … Such activities clearly indicate that, as of early March 1986, there was no agreement to lease.

Land Shark Shredding, LLC v. United States

United States Court of Federal Claims · Oct 21, 2019

The tiers of cascading preferred business types are clearly delineated, beginning with SDVOSBs, then veteran-owned small businesses (VOSBs), then all other small businesses, then all other businesses. Id. … 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.

DAVISON v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Sep 19, 2025

Although there is no established association between S. pneumoniae infection and GBS (Ex. … Donofrio and Schroeder, who are also qualified to opine regarding the causes of GBS, their conclusion that the decedent’s GBS was merely coincidental to vaccination is based exclusively on their disbelief as to general causation

Cohen v. Commissioner

44 B.T.A. 709 · United States Board of Tax Appeals · Jun 12, 1941

value of the assets was less than the reserves required by the law of Missouri, and a lien was placed against all policies, including those of the petitioner, equal to 50 percent of the terminal reserve of each policy as established … insurance policies herein seem to me to be matters of security during life, equally with the payments under the annuities in the Broderick case; they *1302 do not render the life insurance policies profit transactions, and are clearly

Great Northern Railway Co. v. United States

178 Ct. Cl. 226 · United States Court of Claims · Jan 20, 1967

As shown in the findings, both of these men are eminently qualified in the ordnance field, and the latter also is highly qualified with respect to matters involving the transportation of military ordinance. Dr. … See footnote 3 to finding 3(e), infrcij which clearly shows that plaintiff’s petition herein was timely filed.

OTI America, Inc. v. United States

68 Fed. Cl. 646 · United States Court of Federal Claims · Nov 30, 2005

The Solicitation “established a competition among qualifying offerors” based upon “multiple [identically-issued] contracts, each containing sequential qualifying steps, for development of an electronic passport, preparation … Similarly, the Federal Acquisition Regulations ("FAR”) require that ”[a]ll factors and significant subfactors that will affect contract award and their relative importance shall be stated clearly in the solicitation.” 48

George D. Harter Bank v. Commissioner

38 B.T.A. 387 · United States Board of Tax Appeals · Aug 30, 1938

On April 1, 1933, salaries were established at 75 percent of the rates which were in effect prior to March 1933. … This resulted in establishing a value of $17.13 per share for the class A common.

Mannesmann-Sumerbank Boru Endustrisi T.A.S. v. United States

86 F. Supp. 2d 1266 · United States Court of International Trade · Dec 23, 1999

The issue before the Court, then, is whether Commerce’s Final Results are consistent with its established practice. … Commerce’s rationale for doing so is that a "lack of clearly defined commercial accounting principles and the predominance of tax law mean that Turkish law should be treated with extreme caution, and international accounting

Paalan v. United States

51 Fed. Cl. 738 · United States Court of Federal Claims · Mar 4, 2002

Pro se litigants are not immune from laws and rules of procedure simply on the basis of their pro se status. See, e.g., Constant v. United States, 929 F.2d 654 (Fed.Cir.1991). 2. … Claims did state: Assuming, arguendo, that plaintiff has a claim under the Military Claims Act against the Government on the basis of his active duty service and his civilian employment, the act, as we have said before, clearly

Authority of the Department of the Interior to Provide Historic Preservation Grants to Historic Religious Properties Such as the Old North Church

Department of Justice Office of Legal Counsel · Apr 30, 2003

For the reasons set forth below, we conclude that the Establishment Clause does not bar the award of historic preservation grants to the Old North Church or other active houses of worship that qualify for such assistance, … if the evenhanded provision of busing services increased the likelihood that some parents would send their children to religious schools, the same could be said of other “general state law benefits” that were even more clearly

Daniel v. Commissioner

56 T.C. 655 · United States Tax Court · Jun 29, 1971

As such, they do not qualify for the special treatment afforded periodic payments under section 71 and section 215. There are two exceptions to this rule, one statutory, and the other regulatory. … This circumstance clearly shows that the District Court’s order was not effective until the Supreme Court had decided the merits of petitioner’s appeal.

Los Angeles Tile Jobbers, Inc. v. United States

63 Cust. Ct. 398 · United States Customs Court · Nov 17, 1969

The evidence herein establishes that the six sheets in issue are, after importation, marked with the United States’ dealer’s name and address and then put in a specially marked folder for supply to and reference by architects … The court indicated that in order to qualify as a book under that part of paragraph 1310 claimed by plaintiff, the article had to be susceptible of authorship.

Hastings v. Commissioner

44 T.C.M. 1328 · United States Tax Court · Oct 4, 1982

Thus, the burden shifts to the custodial parent, Judith, to clearly establish that she provided more than Mr. Hastings for Bryan's support. … That evidence has been carefully considered, but we do not believe that it suffices to "clearly establish" that Judith provided more for Bryan's support than Mr. Hastings.

Bosque Canyon Ranch, L.P. v. Comm'r

110 T.C.M. 48 · United States Tax Court · Jul 14, 2015

- 16 - [*16] within a two-year period are “presumed to be a sale * * * unless the facts and circumstances clearly establish that the transfers do not constitute a sale”).6 The … Moreover, BCR I failed to make any plausible contentions sufficient to establish reasonable cause.

SDS International v. United States

48 Fed. Cl. 759 · United States Court of Federal Claims · Mar 2, 2001

The record establishes that plaintiff proposed three full-time instructors, one part-time instructor who would spend 50% of his time on CAT tasks, and one site manager who would spend 60% of his time on CAT tasks. … Plaintiff argues that this was “clearly unreasonable,” since the site manager that it proposed to hire had been an exchange pilot for the GAF and spoke German fluently. PL Opp. at 19.

Application of William O. Wesseler

367 F.2d 838 · Court of Customs and Patent Appeals · Oct 20, 1966

The record establishes that appellant erroneously considered he was securing protection commensurate with the invention disclosed in the original application. … Appellant argues that as a practical matter the parties best qualified to evaluate the claimed subject matter did not interview the case.

Boyce v. United States

United States Court of Federal Claims · Mar 31, 2023

and clearly have demonstrated the potential for full military careers. 2.2. … Commanders will clearly state specific reasons for all withholding actions.

KME Germany GmbH v. Zhejiang Hailiang Co., Ltd.

Trademark Trial and Appeal Board · Sep 29, 2023

Cir. 1987) (competitor “clearly has an interest in the outcome beyond that of the public in general” in seeking cancellation); Double Coin Holdings Ltd. v. … Moreover, even where there may be some care taken in the purchasing process, consumers sophisticated or knowledgeable in a particular field are not necessarily immune to source confusion, especially in cases such as this

Christina R. Hardy v. United States Postal Service

Merit Systems Protection Board · Nov 7, 2014

Contrary to the appellant’s apparent assumption on review, the fact that she qualified for FMLA leave does not establish that she was an … Nor do we find it necessary to establish such precedent in this case.

Keco Industries, Inc. v. United States

492 F.2d 1200 · United States Court of Claims · Feb 20, 1974

Presumably, a show *576 ing that there was clearly no reasonable basis for the official action would be enough. … Not every regulation is established for the benefit of bidders as a class, 'and still fewer may create enforceable rights for the awardee’s competitors. Cf. Chris Berg, Inc. v. United States, 192 Ct.