Case law

Parkdale International, Ltd. v. United States

491 F. Supp. 2d 1262 · United States Court of International Trade · May 11, 2007

. § 1675(a) determination which qualifies for jurisdiction under 28 U.S.C. § 1581(c). … Those claims that involve clearly protestable matters, or are at the core of an antidumping or countervailing duty determination, must proceed under § 1581(a) or (c) respectively.

Bells Brewery, Inc. v. Innovation Brewing

Trademark Trial and Appeal Board · Dec 20, 2017

We hold that a likelihood of confusion claim based on the claimant’s use of two marks conjointly must be pleaded clearly enough to provide fair notice of the claim to 11 See 4 J. … through record evidence that use of its pleaded marks together has been effective to qualify them for conjoint analysis.

Dainese v. United States

15 Ct. Cl. 64 · United States Court of Claims · Dec 15, 1879

The political department of the government has also uniformly insisted that persons under the protection of the United States shall enjoy in foreign lands all the rights, privileges, and immunities to which the law of nations … The argument rests entirely upon the language of the treaty; for the statutory provisions for executing the treaty clearly invest not only a vice-consul, but every consular officer who may be duly empowered by the Department

Former Employees of Tyco Electronics, Fiber Optics Div. v. US Dept. of Labor

350 F. Supp. 2d 1075 · United States Court of International Trade · Sep 16, 2004

“The EAJA is a waiver of sovereign immunity that must be strictly construed.” Am. Bayridge Corp. v. United States, 86 F. Supp. 2d 1284, 1285 (2000). … Plaintiffs’ Application Fails to Establish that Plaintiffs’ are Eligible Parties.

Niedringhaus v. Commissioner

99 T.C. 202 · United States Tax Court · Aug 11, 1992

be qualified, changed, or contradicted in whole or in part. … The evidence clearly and convincingly establishes that petitioner is liable for the additions to tax under section 6653(b)(1) and (2) for 1982 through 1985.

Citizens Loan Asso. v. Commissioner

1 B.T.A. 518 · United States Board of Tax Appeals · Jan 31, 1925

The evidence clearly establishes to our mind that prior to July 1, 1917, there was in existence a corporation organized under the laws of the State of Illinois and known as the Half Rate Loan Co. … This fact is clearly established by the act of the stockholders on December 27, 1919, when they formed a new partnership, for a formal legal instrument which *2929 recites that the assets in question belonged to the corporation

Fuentes v. United States

14 Cl. Ct. 157 · United States Court of Claims · Dec 29, 1987

The other damage claims, however, were all later dismissed by the court due to a finding of sovereign immunity. … This statute clearly requires that the officer over the public sale execute a “good and sufficient public deed” to the purchaser.

Lentz v. Commissioner

21 B.T.A. 1336 · United States Board of Tax Appeals · Jan 23, 1931

On November 23, 1925, the will was admitted to probate in Montgomery County, Pennsylvania, the executors named therein qualified, and letters testamentary were granted to them. … The petitioners have also established that their taxable income from the estate was otherwise incorrectly computed to their detriment. As shown in the findings, such taxable income of Frances E. B.

Alaska Pulp Corp. v. United States

41 Fed. Cl. 611 · United States Court of Federal Claims · Aug 7, 1998

Consequently, on January 24, 1997, this court entered an order requiring Ishiyama to undergo a physical examination by a “qualified independent neurologist” to determine Whether Ishiyama could be deposed. … Webster, 802 F.2d 1448, 1459 (D.C.Cir.1986) (noting that if defendants had been able to secure the information they sought from an alternative source, the sanction of dismissal would have been less clearly appropriate).

Legal and Practical Consequences of a Blockade of Cuba

Department of Justice Office of Legal Counsel · Oct 19, 1962

A blockade may be unilaterally established by the United States under international law but its establishment may be questioned within the Organization of American States and the United Nations. … to the current buildup of a military potential in Cuba with clearly aggressive capabilities.

C.J. Mahan Construction Company

Armed Services Board of Contract Appeals · Sep 30, 2025

As Mahan notes, a go-fer, rather than a qualified diver, would not be able to use the third dive helmet (app. reply at 71). … Mahan bears the burden of establishing its damages.

Rapid Inc. v. Hungry Marketplace, Inc.

Trademark Trial and Appeal Board · Jul 22, 2022

Grass opining directly on either legal conclusions or qualifying technical data of which he is not an expert, has not been disclosed as an expert, and is not qualified to opine under guidance of Federal Rules … Rule 701 (“witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion . . .”).

Coleman v. Commissioner

76 T.C. 580 · United States Tax Court · Apr 8, 1981

However, the record clearly establishes that over the years, many elm trees in Birmingham, Mich., both privately owned and city-owned trees, have been lost due to Dutch elm disease. … OPINION The issue here is whether the loss of petitioner’s elm tree from Dutch elm disease qualifies as a casualty loss under section 165(c)(3).

Reddy v. Commissioner

48 T.C.M. 667 · United States Tax Court · Jul 30, 1984

Sec. 44C(c)(5). 3 The Secretary of the Treasury is specifically authorized by the statute to issue regulations which establish criteria to be used in prescribing performance and quality standards for renewable energy source … This regulation is clearly consistent with section 44C(c)(5)(A) which applies to energy derived from geothermal deposits. 4 The fact that heating and cooling systems which do not transmit or use energy derived from geothermal

Centex Corp. v. United States

52 Fed. Cl. 599 · United States Court of Federal Claims · May 31, 2002

There are, however, provisions of the contract which indirectly, but clearly, reference Centex. … issue, sell, renew, or guarantee debt securities and assume debt in the normal course of their respective business activities without prior written approval of the FSLIC; provided that for as long as Centex or CTX fail to qualify

Davis v. Commissioner

88 T.C. 122 · United States Tax Court · Jan 14, 1987

At the time of its organization, Properties was not qualified to get a Federal Housing Administration (FHA) loan. Mr. Gaines was qualified. Mr. … Gaines’ assigning his general partnership interest in the seven limited partnerships, and although he did not know exactly who the general partner was supposed to be, the partnership documents clearly showed Mr.

Hooper v. Commissioner

41 B.T.A. 114 · United States Board of Tax Appeals · Jan 19, 1940

pointed out that an estate tax controversy “must be decided under the specific provisions of section 302 (c) as amended, rather than upon any analogy from income tax cases [and that] the language of the statute does not clearly … All of the witnesses for petitioner were qualified to express opinions as to the value of the stock on the basic date, i. e., August 3, 1933.

Cacciapalle v. United States

United States Court of Federal Claims · Jun 26, 2020

That gap is too much in light of the court’s obligation to narrowly construe the Tucker Act’s waiver of sovereign immunity. … Second, plaintiffs have not asserted claims that qualify as both direct and derivative based on the dual-nature exception.

Smith v. United States

32 Ct. Cl. 295 · United States Court of Claims · Apr 5, 1897

That is the constitutional recognition of the right of eminent domain; and while the right is fully recognized, it is limited and qualified by the provision that it shall not be fully exercised “ without just compensation … In this case there is no claim made upon the part of the defendants that the land in question belonged to the United States; and the law, whatever other effect it had, clearly indicated a purpose to take private property

United States v. Perez

19 Cust. Ct. 292 · United States Customs Court · Nov 10, 1947

Clearly, the court adhered to the rule adopted in the Maier case, supra, and considered the profits of the manufacturer of the particular merchandise as well as other manufacturers in Germany of the same general class of … the only amount, $44, indicative of the profit ordinarily added by the Mexican manufacturer of the instant merchandise, is the result of the computation by the president of the corporation, who is regarded as eminently qualified