Case law

Zlotolow v. United States

40 Cont. Cas. Fed. 76,910 · United States Court of Federal Claims · Mar 20, 1996

It can only be destroyed or overcome by convincing and uncontradicted evidence to the contrary which clearly and distinctly establishes a fact so that reasonable minds can draw but one inference. Id. … Damages At trial, plaintiffs tried to qualify plaintiff Adolfo Zlotolow as an expert on damages.

DGR Associates, Inc. v. United States

94 Fed. Cl. 189 · United States Court of Federal Claims · Aug 13, 2010

By using the phrases “notwithstanding any other provision of law ... a contract opportunity shall be awarded on the basis of competition to qualified HUBZone small business concerns,” Congress established a priority for the … To further the goal of aiding small businesses, Congress has established certain programs to assist qualifying small businesses in obtaining “a fair proportion” of Federal contracts. 2 Id. §§ 631(a), 637(a)(1)(C), 657a.

American Floor Consultants & Installations, Inc. v. United States

70 Fed. Cl. 235 · United States Court of Federal Claims · Mar 14, 2006

However, “[i]t is well established that the Court of Federal Claims has jurisdiction only where and to the extent the government has waived its sovereign immunity, and any waiver of sovereign immunity cannot be implied but … Consequently, if a plea, immunity, or witness protection agreement is violated, the United States is obligated to pay money for its breach “only if the agreement clearly and unmistakably subjects the United States to monetary

J v. Secretary of Health and Human Services

United States Court of Federal Claims · Jan 31, 2022

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 … Zamvil tried to establish that the mechanism of molecular mimicry could instigate immune-mediated disease processes, he had offered little in the way of evidence directly connecting the Tdap vaccine to TM in this manner.

Kelsey v. Secretary of Health and Human Services

United States Court of Federal Claims · Mar 4, 2026

Kelsey has not established that he is entitled to compensation. Mr. … Kelsey’s asserted onset (one day) was too rapid to qualify for a presumption of causation. See 42 C.F.R. § 100.3(a)¶ XIV.D. Mr. Murphy also stated that Mr.

William E. Frasure , Jr. v. Anthony J. Principi

18 Vet. App. 379 · United States Court of Appeals for Veterans Claims · Sep 14, 2004

Merchant Marine, it is unclear whether the Board properly considered all documents before it, and it would thus be premature for the Court to determine whether the Board's denial of the claim for qualifying service was "clearly … VA must also assist the appellant by determining whether his DD Form 214 clearly described the nature of his service or whether it was issued solely to establish active-duty service for the purpose of burial and interment

WING'S TEA HOUSE

16 I. & N. Dec. 158 · Board of Immigration Appeals · Jul 1, 1977

Clearly then, the alien beneficiary did not possess the requisite one year experience at the time the petition was "filed," and did not gain a year as a Chinese food specialty cook until April 1975. … In the event a new labor certification request is submitted and certified by the Department of Labor and the petitioner submits a new petition, a later filing date will be established. This appeal will be dismissed.

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.

L. M. Daniels and Clayton G. Leonard v. The United States

407 F.2d 1345 · United States Court of Claims · Mar 14, 1969

It was found that no adequate salary formula could be established upon a classification of the relative functions, experience, and qualifications of the pilots, since most pilots performed or were qualified to perform the … As plaintiffs admit in their cross-motion, defendant’s position is clearly correct. Burich v.

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.

Manley v. Secretary of the Department of Health & Human Services

18 Cl. Ct. 799 · United States Court of Claims · Nov 16, 1989

Clearly, the Medical Review, Dr. … Congress clearly intended that fees and costs be distinct from “compensation.”

Lorain Avenue Clinic v. Commissioner

31 T.C. 141 · United States Tax Court · Oct 23, 1958

Since petitioner’s trustees did not establish any schedule fixing the charges which could be made, each doctor was free to fix the amount of his fees as he saw fit. … It is concluded, upon the entire record, that petitioner did not qualify for exemption from tax under section 101 (6) in any of the years 1945-1953, inclusive.

Board of Trustees of the University of Illinois v. United States

20 C.C.P.A. 134 · Court of Customs and Patent Appeals · Jun 20, 1932

If hospitals conducted by the Federal Government are immune from taxation by the States, and the Supreme Court has expressly held that they are so exempt, although clearly not necessary to maintain the sovereignty of the … Though not expressly stated, this is clearly implied in that part of the opinion of Chief Justice Taft in the case of Hampton & Co. v. *169 United States, supra, hereinbefore quoted.

Halliburton Co. v. Commissioner

93 T.C. 758 · United States Tax Court · Dec 26, 1989

Under the Accords, Iran agreed to establish a $1 billion security account in the Hague with the frozen assets which Iran agreed to replenish if the account fell below $500 million. … See also the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. secs. 1602-1611 (1982).

Phang v. United States

87 Fed. Cl. 321 · United States Court of Federal Claims · Jun 12, 2009

Although “[t]he Tucker Act provides the waiver of sovereign immunity necessary to sue the United States for money damages ... the plaintiff must establish an independent substantive right to money damages from the United … A plaintiff bears the burden of proof to establish subject matter jurisdiction. McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189 , 56 S.Ct. 780 , 80 L.Ed. 1135 (1936); Russell v.

YEUNG

21 I. & N. Dec. 610 · Board of Immigration Appeals · Jul 1, 1996

vice, assertion of immunity from prosecution, or a violation relating to a con- trolled substance if it relates to a single offense of simple possession of 30 grams or less of marijuana. … Second, there is no evidence that Congress acted clearly to bar this alien from relief, as we contend in our decision.

Boggs v. Commissioner

83 T.C. 132 · United States Tax Court · Jul 24, 1984

In 1962, when the trust was established, the CQmpany had approximately 50 employees. Five of these employees, including petitioner, were salaried employees covered by the trust. … Upon the trust’s termination in 1976, petitioner established an Individual Retirement Account (IRA), with the First National Bank of Ironton acting as the custodian thereunder.

Esprit Corp. v. United States

35 Cont. Cas. Fed. 75,551 · United States Court of Claims · Sep 8, 1988

For two of these claims, because of the lack of credible testimony, the court was forced to use a “jury verdict” approach to establish damages. Esprit Corp. v. … Underwood, 108 S.Ct. at 2553-54 , the Supreme Court stated: [T]he exception for “limited availability of qualified attorneys for the proceedings involved” must refer to attorneys “qualified for the proceedings” in some specialized

Al Ghanim Combined Group Co. Gen. Trad. & Cont. W.L.L. v. United States

67 Fed. Cl. 494 · United States Court of Federal Claims · Aug 30, 2005

An EAJA applicant must make a three-part showing in order to establish that it is a qualified party under the EAJA: It must show that (1) its net worth was less than $7 million at the time the action was filed; (2) it did … Only after the applicant has established that it meets these requirements and qualifies for an award under the EAJA must the Government show that its position “in the underlying litigation was ‘substantially justified!)]’

Granite Constr. Co. v. Commissioner

19 T.C. 163 · United States Tax Court · Nov 7, 1952

First, the temporary and unusual character of the circumstance or event must be clearly established. … (a) General Rule. — In any ease In which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would