Case law

Mattel, Inc. v. United States

287 F. Supp. 999 · United States Customs Court · Aug 8, 1968

Clearly, this provision does not provide for doll clothing separately, but specifies that doll clothing is one type of “parts of dolls.” … Clearly dictum in these circumstances was our statement in Wico and Engis Equipment —quoting Willoughby — that to qualify as a “part” an import must be “an integral, constituent or component part, without which the article

Socony Vacuum Oil Co. v. United States

37 Cust. Ct. 129 · Court of Customs and Patent Appeals · Mar 29, 1957

establish conditions precedent to the assertion of said rights. … The right to bring such portions duty-free within the bounds of the United States is a qualified privilege, however, subject to, among *90 other things, proper regulations promulgated by the Secretary of the Treasury.

Tobin v. Derwinski

2 Vet. App. 34 · United States Court of Appeals for Veterans Claims · Dec 18, 1991

He found that the opinions of the VA physicians, offered by appellant, were “stated in qualifying terms and [did] not establish that [appellant’s] left knee condition [was] proximately due to or the result of his service-connected … When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

MORADEL

Board of Immigration Appeals · Jun 23, 2021

So when the “simple possession” exception uses the phrase “such paragraph,” it is clearly referring to paragraph 212(a)(2) in its entirety—not just to subparagraph 212(a)(2)(C) of the Act, its nearest antecedent. … Mellouli is distinct, moreover, because, although the Department of Homeland Security bears the burden of establishing removability, the respondent is required to establish his eligibility for relief from removal, including

Superwood Corp. v. United States

52 Cust. Ct. 92 · United States Customs Court · Apr 13, 1964

Without dwell *95 ing at length on the record at this point, it has been clearly established that the imported equipment was specially designed and manufactured for the sole purpose of making hardboard at the plant of the … Eindsland, an engineer, was well qualified in the field and testified primarily about the manufacture of fine paper, as opposed to hardboard.

Statute of Limitations and Settlement of Equal Credit Opportunity Act Discrimination Claims Against the Department of Agriculture

Department of Justice Office of Legal Counsel · Jan 29, 1998

Irwin, 498 U.S. at 95-96 Irwin did not alteT the well-established precedent that statutes o f limitations reflect a condition on Congress’s waiver o f sovereign immunity. See id. at 94. … The complaint procedure in § 15.52 is not required by law, but it was established by the Secretary.

S. S. Silberblatt, Inc. v. The United States

433 F.2d 1314 · United States Court of Claims · Nov 13, 1970

Faced with this objection, which was clearly reasonable in the circumstances, plaintiff’s president stated that he had no fixed preference as to who did the grading and thereupon telephoned to Portland headquarters of WCLIB … Norman had extensive experience as a construction superintendent and was well qualified to act as a trouble shooter. (Finding 26.)

Cozart ex rel. Estate of C.A.C. v. Secretary of Health & Human Services

126 Fed. Cl. 488 · United States Court of Federal Claims · Mar 25, 2016

Vaccine case; Motion for Review; Hepatitis-B vaccination; Standard of review; Al-then\ Failure to establish causation; Motion for Review denied. … Although there was recent immunization, a connection to the death could not be established.”

Baker v. United States

33 Fed. Cl. 810 · United States Court of Federal Claims · Aug 11, 1995

The section of the Charge establishing the criteria that the board was to apply in dealing with women and minorities and to which plaintiffs object states: Your evaluation of minority and women officers must clearly afford … Once all of the records were scored and differences were resolved, an order of merit was established.

Coalition for the Preservation of American Brake Drum & Rotor Aftermarket Manufacturers v. United States

44 F. Supp. 2d 229 · United States Court of International Trade · Feb 19, 1999

Plaintiff "rather, proposed a blind, punitive use of [facts otherwise available], which is clearly disfavored." Id. … The SAA does not clearly state that the verification should only occur as to an exporting member .

CARRILLO

25 I. & N. Dec. 99 · Board of Immigration Appeals · Jul 1, 2009

ANALYSIS We review the Immigration Judge’s findings of fact, including those relating to the credibility of testimony, only to determine whether they are “clearly erroneous,” while questions of law, discretion, and judgment … DHS, 450 F.3d 578, 583 (4th Cir. 2006) (stating, however, that the date of adjustment of status might qualify as the date of “admission” where the alien has never been admitted within the meaning of section 101(a)(13)(A)

Adams v. United States

46 Fed. Cl. 834 · United States Court of Federal Claims · Jun 19, 2000

The six-year time bar on actions against the United States is “a jurisdictional requirement attached by Congress as a condition on the government’s waiver of sovereign immunity.” Hopland Band of Pomo Indians v. … Clearly, all events which gave plaintiff a cause of action for educational benefits due but not paid had transpired by August 17, 1974. Id.

COTA

23 I. & N. Dec. 849 · Board of Immigration Appeals · Jul 1, 2005

respondent’s appeal presents the question whether the California trial court’s order reducing his sentence from 365 days to 240 days, nunc pro tunc, precludes the underlying conviction for receipt of stolen property from qualifying … Had the respondent’s motion sought the vacatur of his conviction rather than a reduction of his sentence, and had the motion been granted, the case would clearly be governed by Matter of Pickering, because the motion was

James E. Buie v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims · Mar 23, 2011

Buie did not file Notices of Disagreement with those decisions is not clearly erroneous. … In addition, such a result would be in conflict with VA's well-established duty to maximize a claimant's benefits. See AB v.

Pusateri v. Secretary of Health and Human Services

United States Court of Federal Claims · Oct 21, 2024

Marks, “clearly stated that the petitioner had ulcerative colitis that explained her low immune globulin levels after the onset of [petitioner’s] ulcerative colitis.” Pet. Ex. 20 at 3. Dr. … Mark’s opinion clearly stated that the petitioner had ulcerative colitis that this explained her low immune globulin levels after the onset of her ulcerative colitis and diarrhea, but not before,” and, “[Dr.

Prochazka v. United States

116 Fed. Cl. 444 · United States Court of Federal Claims · May 30, 2014

The Government argues that the court must take into account that “the EAJA is a partial waiver of sovereign immunity that ‘must be strictly construed in favor of the United States.’” Gov’t Resp. 4 (quoting Ardestani v. … Reply 18 (noting that “any ruling in [Plaintiff’s] favor could clearly impact others similarly situated”).

Rice Millers' Ass'n v. United States

15 Ct. Cust. 355 · Court of Customs and Patent Appeals · Jan 23, 1928

That answer would be correct if it had been established that, commercially, broken rice was brewer’s rice. … The testimony, however, clearly proves that in trade and commerce the term “broken rice” is not limited to brewer’s rice, and that, as it includes second head rice, screenings, and brewer’s rice, it does not mean brewer’s

Apple Computer, Inc. v. United States

749 F. Supp. 1142 · United States Court of International Trade · Oct 19, 1990

Since the defendant has not established that the granting of a motion to alter or amend the judgment is appropriate, the motion is denied. … CONCLUSION It is the conclusion of the court that the defendant has failed to establish that the granting of a motion to amend or alter the judgment in Apple Computer, Inc. v.

Mackay Estate v. United States

28 Cust. Ct. 73 · United States Customs Court · Feb 19, 1952

The court said (p. 298): It would seem sufficient to point out that the record fairly and clearly shows the importations not only unfit for human consumption but that their sole and exclusive use is otherwise. … Such evidence does not establish that beef lungs are items of everyday consumption by any substantial part of the population of this country.

Estate of Taracido v. Commissioner

72 T.C. 1014 · United States Tax Court · Sep 10, 1979

He traveled extensively throughout the regions of the Caribbean, Central and South America, Mexico, and the Far East, in an effort to cull and develop qualified life insurance agents to sell policies issued by NW. … We note that petitioners are not contesting respondent’s determination that the final period return of TCI did not clearly reflect income.