Case law

Pedro P. Del Rosario v. James B. Peake

22 Vet. App. 399 · United States Court of Appeals for Veterans Claims · Jan 5, 2009

4  receiving contentions, oral arguments, and testimony and may be held before the Director, Compensation and Pension Service [(C&P)], Washington, D.C., or before qualified … The Board's determinations regarding forfeiture are reviewed under the "clearly erroneous" standard of review. Flores, 19 Vet.App. at 523. A.

Sunshine Law

4 Pa. D. & C.3d 218 · Pennsylvania Department of Justice · Jul 5, 1977

When an act is ambiguous, it must be interpreted in light of established rules of statutory construction. … The Court held that in matters of pending or impending litigation a conflict could arise where the ‘ethical obligations of the attorney clearly conflict with the dictates of this statute.’ 222 So.2d at 476 .

Trans-Border Customs Services, Inc. v. United States

18 Ct. Int'l Trade 22 · United States Court of International Trade · Jan 20, 1994

Upon National Sample’s request, Customs reconsidered its prior classification decision, ultimately changing its position by ruling that “the sample books do qualify as ‘samples’ within the context of subheading 9813.00.20 … Congress also could have further modified the heading in Column 1, Special, to clearly establish its intent to provide unconditional duty-free entry for articles from Canada.

National Fisheries Institute, Inc. v. United States Bureau of Customs & Border Protection

465 F. Supp. 2d 1300 · United States Court of International Trade · Nov 13, 2006

that the current level of harm being experienced by these five plaintiffs is so disruptive as to qualify them for a preliminary injunction that restores a form of status quo ante, i.e., a preliminary injunction that directs … found to be– (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

In re Clark

522 F.2d 623 · Court of Customs and Patent Appeals · Sep 25, 1975

It is clear that appellant relies on the “error” established by the Fifth Circuit as a basis for filing for reissue. … Even had they sought to do so, the solicitor argues persuasively that this would not “immunize those claims from defendants’ noted counterclaim for patent invalidity.” Kalo Inoculant Co. v. Funk Bros.

Lumetra v. United States

84 Fed. Cl. 542 · United States Court of Federal Claims · Nov 14, 2008

the offeror’s ability to provide qualified personnel in sufficient numbers to perform the work under the contract.” … offeror’s ability to provide qualified personnel in sufficient numbers to perform the work under the contract.”

American National Bank & Trust Co. v. United States

36 Cont. Cas. Fed. 75,966 · United States Court of Claims · Nov 13, 1990

Neither party has come forward with sufficient facts to establish that there is a genuine issue for trial. Celotex Corp. v. … In order to prove the existence of a valid statutory assignment, plaintiff must show compliance with each of three criteria — that (1) it is a qualified financial institution; (2) it loaned money or at least made money available

Bestfoods v. United States

110 F. Supp. 2d 965 · United States Court of International Trade · Jun 29, 2000

requiring Bestfoods to mark finished peanut butter containing de minimis Canadian peanut slurry as a product of Canada would not effectively address Customs’ (or its cooperating agency’s) health and food safety concerns, and clearly … Accordingly, plaintiff should be given the opportunity to demonstrate that when its finished peanut butter contains Canadian peanut slurry whether or not the finished product qualifies for de minimis treatment under 19

Vons Companies, Inc. v. United States

51 Fed. Cl. 1 · United States Court of Federal Claims · Nov 6, 2001

Indeed, some of the requests clearly have nothing to do with the facts of this ease. … But, the plain language of that section clearly precludes a court from giving such rulings and memoranda any precedential weight. .

Kaltenmark v. Secretary of Health and Human Services

United States Court of Federal Claims · Dec 22, 2023

He explained that, while vaccines clearly induce an immune response by way of T cell and antibody responses, there is no literature to support the theory that vaccines induce levels of cytokines that have a meaningful effect … “clearly shows that you can detect most cytokines in the serum of healthy patients.”

Solder Removal Co. v. United States International Trade Commission

582 F.2d 628 · Court of Customs and Patent Appeals · Aug 24, 1978

review under 28 USC 1541, 2601, “We do not agree with [the] suggestion that we are bound to accept the Customs Court’s findings of fact whenever there is substantial supporting evidence, and we will not do so when they are clearly … In 1946, Congress provided that “there shall be appointed by and for each agency as many qualified and competent examiners as may be necessary * * Administrative Procedure Act, ch. 324, § 11, 60 Stat. 244 (1946).

Thurner v. Comm'r

121 T.C. 43 · United States Tax Court · Jul 11, 2003

The record clearly establishes that petitioner Scott P. Thurner participated meaningfully in the District Court collection action. … Therefore, petitioners would not qualify for relief from joint and several liability under sec. 6015(c). Sec. 313(a)(2)(A) of the Consolidated Appropriations Act of 2001, Pub.

Shea Homes, Inc. v. Commissioner

142 T.C. 60 · United States Tax Court · Feb 12, 2014

method of accounting to one that does clearly reflect income. … clearly reflects income.

Johnson v. Commissioner

24 T.C. 107 · United States Tax Court · Apr 29, 1955

In order to qualify for Federal Housing Administration insurance, the corporation's charter was amended to provide for two classes of stock, common and preferred. … The record herein clearly indicates that petitioner voluntarily supplied materials of a better grade than called for by the contract specifications.

Application of the Emoluments Clause to a Member of the President's Council on Bioethics

Department of Justice Office of Legal Counsel · Mar 9, 2005

Indeed, we are aware of no judicial decision that has even suggested that a government position that fails to qualify as a public “office” could nevertheless qualify as an “office of profit or trust.” … This view has been expressed most clearly in opinions from this Office addressing the meaning of the Ineligibility and Incompatibility Clauses of the Constitution.

Hoffman v. Commissioner

47 T.C. 218 · United States Tax Court · Nov 29, 1966

We hold that only one class of stock was outstanding during the taxable years, and that RMI was a fully qualified small business corporation under section 1371 (a). 3. … This tends to indicate a sale. (6) Paragraph 21 of the agreement clearly provides that Alfred Hoffman shall be in complete control of the affairs of Reba Martin, Inc., unless there is a default by him or the corporation.

Int'l Trading Co. v. United States

2004 CIT 1 · United States Court of International Trade · Jan 2, 2004

Trade Agreements Act of 1979 established strict timetables for assessment and reviews of antidumping duties. S. Rep. … The Federal Circuit has stated clearly that the Commerce and Customs should not be allowed to circumvent the expediency provided for in the § 1504(d) by postponing the issuance of its instructions indefinitely.

Orion Technology, Inc. v. United States

102 Fed. Cl. 218 · United States Court of Federal Claims · Dec 1, 2011

the United States Court of Federal Claims (“Court of Federal Claims”) on September 8, 2011, alleging three substantive claims for relief. 6 First, it contends that the Army’s failure to include plaintiff “in the pool of qualified … Moreover, the Army clearly indicated in the solicitation that it would use offerors’ teaming partner cost/price data to perform a cost realism analysis.

United Partition Systems, Inc. v. United States

95 Fed. Cl. 42 · United States Court of Federal Claims · Oct 12, 2010

As a waiver of sovereign immunity, EAJA must be “strictly construed.” Levernier Constr. Inc. v. United States, 947 F.2d 497, 502 (Fed.Cir.1991); see also Fanning, Phillips & Molnar v. … Thus, an appeal to the Board could qualify as an “adversary adjudication,” within the meaning of Section 2412(d)(3). See also United Constr. Co., Inc. v.

Sondel v. West

13 Vet. App. 213 · United States Court of Appeals for Veterans Claims · Nov 18, 1999

He was determined to be “mentally AND PHYSICALLY QUALIFIED FOR SERVICE IN the army of the united states”. R. at 15. … Section 3.105(a) of title 38, Code of Federal Regulations, provides: Where evidence establishes [CUE], the prior decision will be reversed or amended.