Case law

Perez v. Brown

9 Vet. App. 452 · United States Court of Appeals for Veterans Claims · Oct 3, 1996

Analysis The ultimate burden of establishing the Court’s jurisdiction rests with the party seeking to appeal. See McNutt v. G.M.A.C., *454 298 U.S. 178, 189 , 56 S.Ct. 780, 785 , 80 L.Ed. 1135 (1936). … In Calma , the Court elaborated on the meaning of the section 7266(a) requirement that an NOA must request Court review in order to qualify as a valid NOA.

Forest Laboratories, Inc. v. United States

403 F. Supp. 2d 1348 · United States Court of International Trade · Dec 6, 2005

Customs’ Contentions Customs replies that Forest Labs has failed to establish that the imported HPMC qualifies for the duty free rate under subheading 3912.39.00 of the HTSUS. See Customs’ Mem. at 8-9. … It is Congress, not Customs that establishes the duty rates contained in HTSUS and that Customs has no authority to amend those rates. See id.

Akima Intra-Data, LLC v. United States

119 Fed. Cl. 520 · United States Court of Federal Claims · Dec 23, 2014

STANDARD OF REVIEW The standard of review in bid protest cases is well-established. … This language clearly requires only that CFP determine the “potential” to generate employment rather than a guarantee of employment. Id.

Block v. Brown

7 Vet. App. 343 · United States Court of Appeals for Veterans Claims · Dec 23, 1994

In the alternative, he argues that he is permanently unemployable by reason of his disability, and thus qualifies for pension based on the extra-schedular criteria of 38 C.F.R. § 3.321 (b)(2) (1993). Br. at 12-16. … In order for this Court to reverse a BVA decision on a finding of fact, we must find that the BVA decision was clearly erroneous. See Gilbert v.

HASSAN

16 I. & N. Dec. 16 · Board of Immigration Appeals · Jul 1, 1976

Reference to the "Consular Law," mentioned above, indicates that this attestation by the consul, acting in his capacity as Ma'zun, was clearly authorized. The substance of this certificate is set out below. … "While for immigration purposes a `child' ceases to be a child even if it fits into the various categories when it reaches the age of twenty - one or becomes married, the parent, once the required relationship has been established

ACTWU LOCAL 1627, AFL-CIO v. Donovan

587 F. Supp. 74 · United States Court of International Trade · Apr 19, 1984

In addition, the investigation established that Exide did not import any of the three types of batteries in question for use at the Cheektowaga plant. … The administrative record clearly evidences an increase, not a decrease, in Cheektowaga’s sales, production and employment from January 1980 through May 1981.

Pettus v. Commissioner

54 T.C. 112 · United States Tax Court · Jan 27, 1970

Petitioners established identical trusts for the benefit of each of their minor children. … Pettus established a trust for the benefit of his daughter, Rachael Anne Pettus, on February 28, 1964, the date of her birth.

Gestrich v. Commissioner

74 T.C. 525 · United States Tax Court · Jun 4, 1980

We held that “something more than an unfulfilled duty or obligation on the part of the taxpayer” is required to qualify him for allowance of the dependency exemption. … He clearly spent a significant portion of his time working on his book and other materials.

Mountain State Ford Truck Sales, Inc. v. Commissioner

112 T.C. 58 · United States Tax Court · Mar 2, 1999

In requiring that goods for which a taxpayer adopted the LIFO method be inventoried at cost, Congress presumptively was aware of the established regulatory definition of the term “cost” in inventory tax accounting. … be sustained because respondent changed that method to an impermissible method which does not clearly reflect income.

Akol v. United States

161 Ct. Cl. 689 · United States Court of Claims · May 10, 1963

In other words, section 402(f) of the Act clearly requires that a member complete a full 20 years of active service to become eligible to receive retired pay. … Clearly there is a distinction between computation of service for the purpose of determining eligibility to receive retired pay and service to be credited in the computation of retired pay.

First Niagara Insurance Brokers, Inc. v. First Niagara Financial Group, Inc.

Trademark Trial and Appeal Board · Oct 21, 2005

Thus, opposer’s insurance brokerage services rendered under its mark in Canada are clearly insufficient to establish use of the mark in connection with services rendered in commerce under the Trademark Act. … Further, opposer’s advertising is clearly directed to Canadian purchasers.

Mountain Producers Corp. v. Commissioner

34 B.T.A. 409 · United States Board of Tax Appeals · Apr 23, 1936

Coronado Oil & Gas Co., supra; that the instant case is clearly distinguishable from it and therefore not controlled by the principle therein enunciated and applied. … Coronado Oil & Gas Co., supra, but is different in the material point which entitled the Coronado Oil & Gas Co. to tax immunity in that case.

HUCH v. SECRETARY OF HEALTH AND HUMAN SERVICES

United States Court of Federal Claims · Apr 2, 2025

Walker with Petitioners reporting he was “fussy after immunizations last week” and was “eating less” and “warm to touch.” Pet. Ex. 11 at 21. His temperature was 100.1°F. Id. … In this case, the medical records are insufficient to establish entitlement to compensation; and thus, medical opinion must be offered in support.

Sol-G Construction Corp. v. United States

30 Cont. Cas. Fed. 70,150 · United States Court of Claims · Jul 23, 1982

The rehabilitation projects qualified for mortgage insurance under the National Housing Act, and the Department of Housing and Urban Development (hud) insured each of the mortgages. … Clearly, these increases did not fall within the three categories listed in the Handbook as quoted above.

L. E. Shunk Latex Products, Inc. v. Commissioner

18 T.C. 940 · United States Tax Court · Aug 29, 1952

The record is barren of any showing, however, that petitioners had grounds on which to file such an application or that they were in any way qualified for such relief. … Respondent has done nothing to establish the basis on which such an application might have been filed or the conditions required for its successful prosecution.

Easley v. Fleming

159 F.2d 422 · Emergency Court of Appeals · Jan 13, 1947

On the basis of the facts stated by the complainant, the area registrar was clearly justified in drawing the conclusion that none of the apartments in question was being rented during the time the work of remodeling was being … Complainant was at fault in not revealing facts which would have qualified or altered the advice given him by the local rent office.

Bay View, Inc. v. United States

46 Fed. Cl. 494 · United States Court of Federal Claims · Apr 19, 2000

The ultimate burden of establishing jurisdiction rests on plaintiff. See Rocovich v. United States, 933 F.2d 991, 993 (Fed.Cir.1991). … In the absence of a provision that expressly creates liability for breach, a statute creating a trust is money-mandating only when it “clearly establishes] fiduciary obligations of the Government in the management and operation

First Niagara Insurance Brokers, Inc. v. First Niagara Financial Group, Inc.

Trademark Trial and Appeal Board · Oct 21, 2005

Thus, opposer’s insurance brokerage services rendered under its mark in Canada are clearly insufficient to establish use of the mark in connection with services rendered in commerce under the Trademark Act. … Further, opposer’s advertising is clearly directed to Canadian purchasers.

First Niagara Insurance Brokers, Inc. v. First Niagara Financial Group, Inc.

Trademark Trial and Appeal Board · Oct 21, 2005

Thus, opposer’s insurance brokerage services rendered under its mark in Canada are clearly insufficient to establish use of the mark in connection with services rendered in commerce under the Trademark Act. … Further, opposer’s advertising is clearly directed to Canadian purchasers.

CANTU

17 I. & N. Dec. 190 · Board of Immigration Appeals · Jul 1, 1978

If alienage has been established, then he is clearly deport- able as charged. The pertinent facts are set forth in part in an oral stipulation made to the immigration judge.' … Amendment of the Constitution, in qualifying the words.