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67 Fed. Cl. 22 · United States Court of Federal Claims · Jul 22, 2005
As Fisher states, “The Tucker Act itself does not create a substantive cause of action; in order to come within the jurisdictional reach and the waiver [of sovereign immunity] of the Tucker Act, a plaintiff must identify … As a result, the Federal Circuit has stated, “It is well established that the Military Pay Act is a money-mandating statute.” Smith v. Secretary of the Army, 384 F.3d 1288, 1294 (Fed.Cir.2004) (citing Dysart v.
Cited 2 timesPublished114 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.
Cited 26 timesPublishedHouston v. Secretary of Health and Human Services
United States Court of Federal Claims · Sep 17, 2021
The plan was to continue IVIG, and consider other immune-modulating therapies. Ex. 10 at 154-60. … Indeed, it may be more correct to think of CIDP as arising “in the setting of a dysregulated immune system” than to be directly driven by an aberrant immune response. Ubogu at 459 (emphasis added).
Cited 0 timesPublishedGold Seal Liquors, Inc. v. Commissioner
28 T.C. 471 · United States Tax Court · May 28, 1957
It urges that there are four factors which qualify Component Gold Seal for relief under section 722 (b) (4), and that it has established that, for those 2 years, a fair and just amount representing normal earnings to be used … The parties have stipulated that Acquiring Gold Seal qualifies as an acquiring corporation imder section 740 (a) (4) of the Internal Revenue Code of 1939; that Component Gold Seal and its subsidiary corporation, Famous, qualify
Cited 0 timesPublishedUnited States Court of Federal Claims · Mar 29, 2022
Thus, standing alone, invocation of the Tucker Act is insufficient; a plaintiff must also identify a qualifying money mandating source such as a contract, statute, or regulation. Livingston v. … The plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. See Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.
Cited 0 timesPublishedHawpe Construction, Inc. v. United States
46 Fed. Cl. 571 · United States Court of Federal Claims · May 5, 2000
that it was satisfied that BPI was qualified to bid for and perform the Contract. … Such violation does not necessarily qualify as a ground for recovery in a bid protest action.
Cited 36 timesPublished16 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.
Cited 1 timesPublishedDeisher v. Secretary of Health and Human Services
United States Court of Federal Claims · Apr 26, 2019
Petitioner has failed, quite decisively, to establish that this is true. … Darnowski is qualified to opine on these matters at all. Dr.
Cited 0 timesPublishedCynthia 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
Cited 766 timesPublished23 I. & N. Dec. 843 · Board of Immigration Appeals · Jul 1, 2005
Clearly, therefore, the respondent is subject to expulsion as a disbarred attorney. … Given this, the respondent clearly “practiced” before the DHS.
Cited 3 timesPublishedJordan M. Meschkow v. United States
109 Fed. Cl. 637 · United States Court of Federal Claims · Mar 14, 2013
Defendant reasons that because the United States is immune from suit except to the extent that it has waived its sovereign immunity, United States v. … Because Plaintiff clearly avers that the actions of the United States Trustee were improper, unauthorized, and in violation of the Stipulation and the bankruptcy court‟s order authority, see, e.g., Am.
Cited 5 timesPublished85 Fed. Cl. 179 · United States Court of Federal Claims · Dec 23, 2008
Thus, as a counterbalance to the notion that waivers of sovereign immunity should be narrowly construed, it is well-established that courts are “vested with a ‘virtually unflagging obligation’ to exercise the jurisdiction … This construction of section 1500 thus can — and, indeed, often does — lead to the dismissal of claims over which this court, but for section 1500, clearly has jurisdiction.
Cited 13 timesPublished76 T.C. 609 · United States Tax Court · Apr 20, 1981
Petitioners have failed to establish that the structure is not properly classified as a “building.” … Certainly, if KF-IDS had itself constructed and operated the plant, it would clearly have to be treated as an integral and structural component of the entire apartment complex, and would not qualify for the investment credit
Cited 13 timesPublishedWirt v. Secretary of Health and Human Services
United States Court of Federal Claims · May 9, 2014
Petitioner’s expert states, “[t]he activation of the immune cascade causes ingrown [sic] of blood vessels, recruitment of further immune cells (that produce antibodies like the classic rheumatoid factor and anti CCP [sic] … A theory that has basic indicia of reliability that is put forward by qualified experts will also satisfy the first prong of Althen. See Capizzano v. Sec’y of Health & Human Servs., 440 F.3d 1317, 1326 (Fed.
Cited 0 timesPublished23 T.C. 41 · United States Tax Court · Oct 15, 1954
Therefore, the interest of the surviving spouse was clearly terminable within the purview of section 812 (e) (1) (B) unless the gift over in default of appointment was void from the time of the decedent’s death and the surviving … Petitioner cites Haywards Estate, 57 Ariz. 51 , 110 P. 2d 956 , which adopts as controlling the following rule stated in 19 American Jurisprudence 575: The general rule is well established that whenever an estate is given
Cited 23 timesPublished99 Fed. Cl. 552 · United States Court of Federal Claims · Jun 3, 2011
, 1151 (9th Cir.1991) (“It is well established that when the federal government waives its immunity, the scope of the waiver is construed to achieve its remedial purpose.”). … On the other hand, as it does not merely "clarify or explain existing law or regulation,” the Act is clearly not just an interpretive rale. *559 Cf.
Cited 4 timesPublished32 Fed. Cl. 400 · United States Court of Federal Claims · Dec 13, 1994
Moreover, it also is well established that “[t]he United States, as sovereign, is immune from suit save as it consents to be sued, and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain … Plaintiff Calhoun has the burden of proof to establish that this court has jurisdiction to entertain his claims.
Cited 16 timesPublishedUnited States Court of Federal Claims · Oct 19, 2015
All of the experts were well-qualified to offer opinions in this case. … Although both pediatric neurologists were well-qualified to opine on ASD, it appears to me that Dr.
Cited 0 timesPublished26 T.C. 344 · United States Tax Court · May 25, 1956
The record clearly demonstrates that in the ordinary course of its business activities the corporation would have either collected or charged off as worthless all but 1.336 per cent of the accounts sold on February 1, 1942 … we think he has regulated beyond that intention of Congress; and we are of the opinion that the portion of the regulations, Regulations 112, section 35.736 (a)-l (5) (3), here in issue bears no reasonable relation to the clearly
Cited 1 timesPublishedUnited States Court of Federal Claims · Jan 7, 2026
Meyer medically qualified and returned him to duty with an indefinite assignment limitation code (“ALC”) C1 restriction. AR at 97. Lt. Col. … While the Tucker Act “constitutes a waiver of sovereign immunity” of the United States for money damages, United States v.
Cited 0 timesPublished
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