Case law

Espiritu v. Derwinski

2 Vet. App. 492 · United States Court of Appeals for Veterans Claims · Jun 19, 1992

Based on these legal principles, Item One is clearly repetitive evidence and, hence, not new. While new, Items Two and Four are not relevant and probative, and, hence, are not material evidence. See De Espiritu, at 3. … This rule is recognized in Rule 702 of the Federal Rules of Evidence, which requires that “scientific, technical, or other specialized knowledge”, must be provided by “a witness qualified as an expert by knowledge, skill,

Jackson v. Commissioner

54 T.C. 125 · United States Tax Court · Feb 2, 1970

Jackson’s right to alimony was highly doubtful, under Oklahoma law she clearly had an interest in the properties jointly acquired during coverture. … At the divorce hearing petitioner sought to establish that the value of the assets acquired during marriage was approximately $250,000.

HO

19 I. & N. Dec. 582 · Board of Immigration Appeals · Jul 1, 1988

On February 4, 1982, the district director issued a notice Of intention to deny the visa petition on the ground that the evidence submitted failed to establish that the beneficiary qualified as the petitioner's adopted child … In Matter of Cheung, 12 I&N Dec. 715 (BIA 1968), this Board specified that the burden remains with the petitioner in rev- ocation proceedings to establish that the beneficiary qualifies for the benefit sought under the immigration

Ad Hoc Utilities Group v. United States

625 F. Supp. 2d 1330 · United States Court of International Trade · Jun 15, 2009

Because the utility companies individually do not each qualify either as producers or importers of the subject uranium and because the companies as a group do not qualify as a trade or business association a majority … AHUG Members Have Not Established Standing as “Importers” which are producers, exporters, or importers of such merchandise.”

Ainsworth v. United States

180 Ct. Cl. 166 · United States Court of Claims · May 12, 1967

For unknown reasons, no register was established during this period — perhaps one would never have been established. … The Agency clearly defaulted in its obligation to plaintiff.

Peiss v. Commissioner

40 T.C. 78 · United States Tax Court · Apr 19, 1963

Here it clearly appears the primary purpose of the grant was to further the education and research activities of the Markle scholar. … We therefore hold $3,600 of the grant qualifies as an exclusion under said section 117 in 1956.

Hal H. Locklear v. R. James Nicholson

20 Vet. App. 410 · United States Court of Appeals for Veterans Claims · Sep 19, 2006

It follows that Board findings regarding VA's compliance with the duty to notify are findings of fact that the Court reviews under the clearly erroneous standard. See 38 U.S.C. § 7261(a)(4). … Nicholson, the Court observed that the third prong of § 3.159(c)(4)(I), which requires that the evidence of record "indicates" that "the claimed disability or symptoms may be associated with the established event," establishes

Hoffschlaeger Co. v. United States

60 Cust. Ct. 497 · United States Customs Court · May 6, 1968

These decisions are clearly distinguishable from the instant case. … This case, which is applicable only in a situation in which the area referred to in testimony is established as the principal area of use, is clearly distinguishable from the case at bar, where no evidence was presented to

Florence Kennedy v. Robert L. Wilkie

United States Court of Appeals for Veterans Claims · Dec 9, 2020

Appellant may therefore succeed here only if Fast Letter 13-04 qualifies as a "VA issue" under § 3.114(a). … Fast Letter 13-04 was clearly a significant document, but it was limited in scope.

Hebert v. Secretary of Health & Human Services

66 Fed. Cl. 43 · United States Court of Federal Claims · Apr 8, 2005

. *44 Background Through the Vaccine Act, Congress mandated the establishment of a National Vaccine Program “to achieve optimal prevention of human infectious diseases through immunization and to achieve optimal prevention … These non-binding cases are clearly distinguishable.

Dambach v. Principi

14 Vet. App. 307 · United States Court of Appeals for Veterans Claims · Apr 3, 2001

Quite clearly, even assuming it had the authority to do so, the Federal Circuit did not direct the award of benefits. … We are not privy to the case loads, the number of remands taking precedence over this case, and the relative priorities established at the BVA or the regional offices.

Waldorf v. United States

8 Cl. Ct. 321 · United States Court of Claims · Jun 4, 1985

¡is * * * Jje * Only a serious impediment can qualify to suspend running of the statute. … These actions clearly demonstrate the plaintiff’s ability to function, to use logic, and to follow established procedures.

Arrowhead Mills, Inc. v. Commissioner

5 B.T.A. 382 · United States Board of Tax Appeals · Nov 9, 1926

exceed the par value of the original stock or shares specifically issued therefor, unless the actual cash value of such tangible property at the time paid in is shown to the satisfaction of the Commissioner to have been clearly … We have no doubt that both of these witnesses are qualified, both by education and experience, to testify concerning the values of such property, but their testimony does not convince us of the value claimed.

Friedman v. United States

158 F. Supp. 364 · United States Court of Claims · Jan 15, 1958

The Executive Secretary of the Air Force Personnel Council was not qualified to perform this function and had no jurisdiction under the law or regulations to do so. … The Correction Boards were established for the purpose only of .

International Watchman, Inc.

Trademark Trial and Appeal Board · Nov 30, 2021

This evidence shows that the North Atlantic Treaty Organization qualifies as an “institution” under Section 2(a). … With regard to the fame aspect, the record clearly establishes NATO’s fame as a landmark political and military alliance. According to the U.S.

Purcell Envelope Co. v. United States

48 Ct. Cl. 66 · United States Court of Claims · Jan 6, 1913

On the contrary an inspection of the record establishes the fact that there was no written contract at all. As the contract was for a term of years the local statute of frauds had distinct application. … But in all such cases the power to hear ought not to be qualified under the provisions of section 1088 by a refusal to hear newly discovered evidence unless the point in dispute *74 has been so clearly established upon the

Obligation of United States to Compensate Court-Appointed Expert Witnesses in Pending Litigation

Department of Justice Office of Legal Counsel · Jul 20, 1977

We think that Rule 706, on its face, clearly waives the presumption against the United States’ suability and authorizes payment for the compensation of court-appointed expert witnesses. … Subsection 706(b) establishes two categories of cases for determining how court-appointed expert witnesses are to be compensated.

M-K

29 I. & N. Dec. 556 · Board of Immigration Appeals · Apr 9, 2026

The respondent does not clearly indicate why he sought a subpoena under 8 C.F.R. § 1003.35 and instead frames his argument as a due process challenge. … To qualify for post-conclusion voluntary departure under section 240B(b) of the INA, 8 U.S.C. § 1229c(b), a respondent must meet the standards set forth at 8 C.F.R. § 1240.26(c)(1) (2026), which requires the alien to establish

Abramson v. United States

45 Fed. Cl. 149 · United States Court of Federal Claims · Oct 18, 1999

Finally, precedent establishes that within this framework “the court has significant discretion in deciding when an award is proper.” Id. … that it was negligently brought or clearly without merit”). 2.

Southern Church of Universal Brotherhood Assembled, Inc. v. Commissioner

74 T.C. 1223 · United States Tax Court · Sep 10, 1980

We believe that the administrative record clearly shows that respondent acted in an impartial, unbiased manner in refusing petitioner’s requested tax exemption. … Our sole concern here is whether petitioner qualifies for exemption from Federal income taxation under sec. 501(c)(3).