Case law

Kaiyuan Group Corp. v. United States

343 F. Supp. 2d 1289 · United States Court of International Trade · May 14, 2004

To uphold Commerce’s NME collapsing methodology, Commerce must have clearly articulated which set of factors formed the basis of its collapsing determination. See Hontex, 248 F. Supp. 2d at 1341 (CIT 2003). … It must then provide the court with a clearly articulated methodology for collapsing companies in NME countries.

United States v. Esso Standard Oil Co.

41 C.C.P.A. 171 · Court of Customs and Patent Appeals · Dec 29, 1953

Goodrich Chemical Co. in charge of its technical operations who also was a well-qualified chemist with wide experience; a witness who was Director of Research for the Dow Chemical Company at Midland, Michigan, with an impressive … The testimonial record on the part of plaintiff clearly shows that the terms “plastics” and “resins” are used interchangeably and the employment of “molecular weight” as the norm of difference appears to be a matter of technical

Boyer v. United States

123 Fed. Cl. 430 · United States Court of Federal Claims · Sep 25, 2015

U.S.C. § 10903 or a notice of exemption under 49 U.S.C. § 10502 and 49 C.F.R. § 1152.50. 8  If a railroad proposes abandonment, a state, political subdivision, or qualified … To the contrary, Oregon law clearly states that rail traffic and pedestrian or cycling uses within the same space are incompatible.

Empire Plow Co. Inc. v. United States

675 F. Supp. 1348 · United States Court of International Trade · Nov 18, 1987

Plaintiff urges the ITC exceeded its authority by including these two domestic producers in the headcount of the rest of the domestic industry considered in establishing which industries constituted the “domestic indus *1351 … It is clearly within the ITC’s discretion to apply the related parties provision in its analysis of the facts of the case.

Textron Aviation Defense LLC v. United States

United States Court of Federal Claims · Aug 12, 2022

Cir. 2002) (“Although characterized as a statute of limitations, the filing period[ ] established by . . . the CDA [is] ‘jurisdictional in nature,’ for [it] operate[s] as [a] limit[ ] on the waiver of sovereign immunity by … Indeed, an REA specifically designed to trigger negotiations may itself qualify as a proper CDA claim; and, even if an REA is missing elements necessary to qualify as a proper CDA claim, that does not stop the statute of

Gratehouse v. United States

512 F.2d 1104 · United States Court of Claims · Mar 19, 1975

In the instant case, defendant’s offer of a CSC hearing 2 years after a hearing could have been held was far too late to qualify as reconsideration. … It is not necessary to find such violation now for plaintiff to recover, however, if he can establish the truth of his claim of coercion.

Eager v. United States

32 Ct. Cl. 571 · United States Court of Claims · Nov 1, 1897

The petition shows that the plaintiff was an acting inspector of customs at said port, duly appointed and qualified, and at the time mentioned was regularly assigned to receive and deliver unappraised and imported merchandise … After all such deductions have been made, informers whose claims have been clearly established will be awarded 25 per centum and detectors and seizors will be awarded 85 per centum of such net proceeds, except where, in special

Absar Realty Co. v. Bowles

149 F.2d 654 · Emergency Court of Appeals · Jun 1, 1945

On March 1, 1943, the maximum rent date established by the regulation, complainant was supplying for use of its tenants a free private bus service to the schools, shopping and amusement centers, and also to the 207th Street … Goodman, who fully qualified as experts in rental valuation in the area.

Strahler v. United States

United States Court of Federal Claims · Mar 18, 2022

If, however, you are found physically qualified for separation, any defect will be recorded[. … To refute the BCNR’s decision, a plaintiff’s evidence must be “cogent and clearly convincing[.]” Stuart v. United States, 123 Fed. Cl. 413, 421 (2015) (quoting Arens v. United States, 969 F.2d 1034, 1037 (Fed.

Moradian v. Commissioner

53 T.C. 207 · United States Tax Court · Nov 12, 1969

Clearly the benefits of the investment credit have been granted to an individual who purchases an entire preexisting business. … It has long been established that such a grant of discretion furnishes powerful support for regulations and that they should not be declared invalid unless clearly contrary to the legislative mandate. Commissioner v.

Strother v. Secretary of the Department of Health & Human Services

18 Cl. Ct. 816 · United States Court of Claims · Nov 17, 1989

Temporal association alone establishes legal causation for a Table injury. Temporal association of the onset of injury with the vaccination is not sufficient, however, to establish causation in fact. Hasler v. … White from interpreting the test results, but established David’s sensitivity to infection. Tr., at 95. Indeed Dr.

J. E. Bernard & Co. v. United States

30 Cust. Ct. 122 · United States Customs Court · Mar 12, 1953

It was further argued that the evidence established that the more processing to which the creosote bush leaves were subjected, the greater the quantity of Ndga would appear in the resultant crystals. … The testimony of the two well-qualified chemical engineers fully and clearly describes the process where the material from the leaves of the greasewood or creosote plant was removed by the means of being dissolved in an alkaline

Holt v. United States

64 Fed. Cl. 215 · United States Court of Federal Claims · Feb 18, 2005

Holt’s petition because she was not a qualified applicant. While Mrs. Holt challenges the Board’s jurisdictional rejection, she also seeks substantive relief. … Only a statute promising procedures to be established at a later date. Defendant has quoted from Mass. v.

Shinyei Corp. of America v. United States

33 Ct. Int'l Trade 1735 · United States Court of International Trade · Dec 2, 2009

There is no question, therefore, that Shinyei qualifies as a prevailing party. See Hensley v. … Unless bad faith is established, a mere clerical error at the agency level does not automatically render the United States’ position unreasonable. Cummings v. Sullivan, 950 F.2d 492, 500 (7th Cir. 1991).

Root v. Commissioner

5 B.T.A. 696 · United States Board of Tax Appeals · Nov 30, 1926

Root died on February 26, 1923, and left surviving, as his sole heir, his wife, Susie May Root, who was duly appointed and qualified as executrix of his estate. The value of the property is not in dispute. … The court entertain no doubt on the subject; and are clearly of opinion, that the title to land can be acquired and lost only in the manner prescribed by the law of the place where such land is situate.

Jackson-Greenly Farm, Inc. v. United States

United States Court of Federal Claims · Aug 30, 2019

L. 84-99 “allows the Corps to repair and/or rehabilitate any qualified flood control project [] whether it is federally constructed or privately owned.” … This six-year limitations period “is a jurisdictional requirement attached by Congress as a condition of the government’s waiver of sovereign immunity and, as such, must be strictly construed.”

Acme Process Equipment Co. v. United States

347 F.2d 509 · United States Court of Claims · Jun 11, 1965

What we have is a factual decision by the Board ‘based on its acceptance of the testimony of one apparently qualified expert witness over another. … In addition, the group’s agency for Acme clearly lacked stability.

Sandoz Chemical Works, Inc. v. United States

43 C.C.P.A. 152 · Court of Customs and Patent Appeals · Jun 20, 1956

It was brought out by appellant’s witnesses, who were obviously qualified, that homatropine hydrobromide is used by ophthalmologists as a mydriatic, for dilating the pupil of the eye, and as a cycloplegic, for paralyzing … It is clearly established by the testimony that the overwhelming use of homatropine hydrobromide is as a mydriatic or cycloplegic for diagnosing conditions of the eye.

Massachusetts ex rel. Department of Public Welfare v. United States

15 Cl. Ct. 73 · United States Court of Claims · Jun 13, 1988

. §§ 1396 -1396s, establishes the Medicaid program. … Clearly, this relationship bears little resemblance to a partnership.

Northern Illinois Gas Co. v. United States

12 Cl. Ct. 84 · United States Court of Claims · Mar 25, 1987

. § 553 (1982), establishes a set of procedural requirements applicable to agency rulemaking that is legislative in nature. … The IRS merely ruled that utility *88 trucks with pintle hooks qualified as “equipped for use” in combination with trailers.