Case law

Dethlefs v. United States

60 Fed. Cl. 810 · United States Court of Federal Claims · Jun 8, 2004

The Tucker Act merely serves as a waiver of sovereign immunity for the types of claims specified in the statute. See Mitchell II, 463 U.S. at 212 , 103 S.Ct. 2961 . … Furthermore, the plaintiff has not established that he is a foreign citizen, as is required by 28 U.S.C. § 2502 .

CWT Farms, Inc. v. Commissioner

79 T.C. 86 · United States Tax Court · Jul 19, 1982

at the close of its taxable year must be "qualified export assets.” … It is well established that in interpreting legislation, the Court should consider not only the words of the statute, but also the effect of the interpretation of those words. See, e.g., Corn Products Refining Co. v.

Fleming v. United States

2 Cl. Ct. 111 · United States Court of Claims · Mar 22, 1983

and subsequent service was deemed to be a constructive enlistment. 3 3 Bull JAG 410 reports a case wherein constructive delivery of a discharge was not extended to a servicewoman absent without leave, in order to avoid immunizing … Plaintiff had not completed 18 years’ service as of the discharge date established by statute. 4 *115 2.

Johnson v. United States

79 Fed. Cl. 769 · United States Court of Federal Claims · Dec 20, 2007

A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” King, 395 U.S. at 4 , 89 S.Ct. 1501 . … Plaintiff also fads to establish the existence of an implied-in-faet contract with defendant.

Cynthia La Londe, Parent of M.L., a Minor v. Secretary of Health and Human Services

110 Fed. Cl. 184 · United States Court of Federal Claims · Mar 25, 2013

History of delayed anaphylactic reaction secondary to immunizations. … Thus, none of these records establishes causation. 38 Elsewhere in her memorandum in support of her motion for review, petitioner complains that “[t]he special master clearly, and inappropriately, placed

Rowan v. Secretary of Health and Human Services

United States Court of Federal Claims · May 29, 2020

Petitioner Did Not Establish Ms. … Levinson persuasively established, Dr. Steinman has “squashed” together these connected phases of the immune process into a single shortened timeframe. The above underscores the deficiencies in Dr.

Continental Business Enterprises, Inc. v. United States

452 F.2d 1016 · United States Court of Claims · Dec 10, 1971

It is true that the contracting officer included a provision in the KFP in which he claimed the option to award the contract to the most qualified offeror, without granting others the opportunity to negotiate. … Nor has defendant demonstrated the existence of price competition adequate enough to assure the Government that a fair and reasonable price proposal would have been received initially from the most qualified offeror.

Aldrich Chemical Co. v. United States

65 Cust. Ct. 56 · United States Customs Court · Jul 24, 1970

Alfred Bader, plaintiff’s president and a qualified chemist, establishes without contradiction that the importation is an alcohol of a type known as a triol due to the fact that it contains three hydroxy groups, that is to … The testimony clearly establishes that the importation belongs to that functional group known as alcohols of the polyhydric variety and is, specifically, a triol.

Estate of Bennett v. Commissioner

100 T.C. 42 · United States Tax Court · Feb 1, 1993

Bennett and I have established the CHARLES R. AND EVA F. BENNETT TRUST under that certain Trust Agreement dated June 6, 1984. … Numerous references to the marital deduction were made in the part of the will establishing the marital trust.

The Connecticut Light and Power Company and Subsidiaries v. The United States

368 F.2d 233 · United States Court of Claims · Nov 10, 1966

Plaintiff attempted to purchase *236 such rights and immunity, but such negotiations were unsuccessful. … Such payments enabled taxpayer to build and operate its Shepaug project with immunity from any future tort liability. Such immunity is of continuing value to the taxpayer.

Qingdao Maycarrier Import & Export Corp., Ltd. v. United States

938 F. Supp. 2d 1312 · United States Court of International Trade · Sep 16, 2013

On March 26, 2013, Commerce rescinded the NSR because Maycarrier did not qualify as a new shipper. See Final Rescission, 78 Fed. Reg. at 18,317. … “The burden of establishing jurisdiction lies with the party seeking to invoke th[e] Court's jurisdiction.” Bhullar v. United States, 27 CIT 532, 535, 259 F.

KSD, Inc. v. United States

72 Fed. Cl. 236 · United States Court of Federal Claims · Jul 11, 2006

In the same letter, the Army offered to assist KSD in redesigning and qualifying a new strap pack. … Therefore, when the government’s actions wrongfully prevent a bidder from qualifying for or bidding on a solicitation, the government cannot use the contractor’s failure to qualify or bid on the solicitation as grounds for

Exxon Mobil Corp. v. Comm'r

136 T.C. 99 · United States Tax Court · Feb 3, 2011

The burden was not placed on the taxpayer to initiate interest netting or to establish entitlement. … Neither party in the case had raised sovereign immunity as an issue.

Taubman v. Commissioner

60 T.C. 814 · United States Tax Court · Aug 29, 1973

According to respondent, petitioner’s studies at the University of Baltimore, College of Law, clearly fit the description of studies which lead to qualification for a new trade or business, namely the practice of law. … We will not consider this contention, however, under our well-established rule that constitutional issues not raised specifically in the pleadings are not properly before the Court.

Farley Funeral Home, Inc. v. Commissioner

62 T.C. 150 · United States Tax Court · May 13, 1974

The association established a pension plan for the benefit of its qualified employees. … . * * * Section 401 (d), which relates to pension trusts of unincorporated businesses, clearly does not apply to the pension trust here under consideration, which is a trust operated exclusively for the benefit of all qualified

KJELDAAS

16 I. & N. Dec. 300 · Board of Immigration Appeals · Jul 1, 1977

We find that the record establishes that the respondent's occu- pation is one listed on Schedule "A," as recently amended. … The respondent (through counsel) contended at oral argument that 'ter occupation clearly qualifies for Schedule "A" under the amended version of the regulation.

Advance Construction Services, Inc. v. United States

51 Fed. Cl. 362 · United States Court of Federal Claims · Jan 7, 2002

ANALYSIS 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 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). … The government’s waiver of sovereign immunity must be “strictly construed in favor of the United States,” Ardestani v.

Bushnell v. Hhs

United States Court of Federal Claims · Jul 7, 2015

Perhaps more importantly, they also established that Dr. … The short answer is that I find that Petitioners’ theory in this case clearly does not satisfy the Althen test. A.

Mata v. United States

114 Fed. Cl. 736 · United States Court of Federal Claims · Feb 26, 2014

Although the Tucker Act waives the sovereign immunity necessary for a plaintiff to sue the United States for money damages, United States v. … CPAC will determine if Complainant is qualified for the vacancy and will notify the Chief of Staff of any positions for which he qualifies.

DIN

12 I. & N. Dec. 413 · Board of Immigration Appeals · Jul 1, 1967

I will establish my resi- dence and home in Hawaii." … The phrase "for the purpose of performing" clearly indicates that an immigrant alien within the con- templation of section 212(a) (14) must establish a bona fide intent to engage in his profession or a related field.