Documents

Oral argument — WHITE BUFFALO CONSTRUCTION v. United States

Oral argument · Oral argument · Oct 11, 2013

Can I – if you're finished at that point, can I ask you to comment on the jurisdictional question that you argued, something like – and specifically, could you address the question of whether Judge Smith … Is it crystal clear that the six-year period is jurisdictional? Well, by that, Your Honor, it means it can't be told. No, no.

Oral argument — ESSO Standard Oil v. United States

Oral argument · Oral argument · Dec 4, 2008

regulation for other official action that would give rise to a legal practice Well, in conjunction with the 1988 amendments, I would say it is akin to a Customs regulation, although there's no notice of comment … and over and over again And if ESSA's argument is that it delegated its duty to determine what its legal obligations were To a software program That does not excuse it from meeting the 90-day protest period

Oral argument — Koninklijke Philips N v. v. Zoll Medical Corporation

Oral argument · Oral argument · Oct 8, 2015

So, some of the self-test claims relate to using either a first periodic schedule or a second periodic schedule. You can choose one, you can choose the other. … Well, there's one other problem that we pointed out in our papers, which is that contributory infringement requires acts, predicate acts, of direct infringement.

Oral argument — Chancellor Manor v. United States

Oral argument · Oral argument · Apr 2, 2007

use agreements, that the question of the taking ought to be determined from the perspective of someone looking at it the day before they entered into the use agreement and without regard to the HOPE Act … Yes, I was answering the Court's question in the context of dealing with the impact of the use agreement on extending the period of the taking.

Oral argument — Electra-Med Corporation v. United States

Oral argument · Oral argument · Oct 3, 2019

And the supply contracts that the distributors have entered into, do those go beyond that six-month period? I believe they end right at that six-month period as well. … Do you have one final comment on that?

Oral argument — Finjan v. Secure Computing

Oral argument · Oral argument · Jun 8, 2010

system, a mini-internet, and they went through all of the method claims first, and in fact, they labeled the elements A, B, C, and D, and they went through and they showed the jury, and you'll see the comments … And then proved that up because it awarded an accounting for a different period of time right before the verdict.

Oral argument — Keller v. MSPB

Oral argument · Oral argument · Nov 4, 2009

What remedy, other than being paid for the period of the suspension, is the employee entitled to? … an involuntary act on her own.

Oral argument — Broadcom v. ITC

Oral argument · Oral argument · Jul 8, 2008

And so in that few-month period, they had to show that there were actual acts of inducement. … Final comments, Mr. Van Ness?

Oral argument — UCP International Company Ltd. v. Balsam Brands Inc.

Oral argument · Oral argument · Aug 5, 2019

I believe it made its way into this case because it was attached to either the complaint or the amended complaint here in the Territory Judgment Act case. … So Arizona did not need to state the broad principle drawn from comment.

Oral argument — In Re TC Heartland LLC

Oral argument · Oral argument · Mar 11, 2016

And Your Honor, as you pointed out, Congress has been looking at this throughout this entire time period. … And if one traces throughout the time period before the 2011 Act and since then and looks at the variety of options, they stray from staying still somewhat broad to getting incredibly narrow to carving

Oral argument — In Re St. Helena Hospital

Oral argument · Oral argument · Jul 9, 2014

Heissler comments that there's small differences between them. Small differences are not enough to render them dissimilar for purposes of the first DuPont factor. Well, they sound alike. … Well, I think they correctly found that in a hospital-based setting, if you're going to give up a period of time, you're going to take a break, as it were, from your life for a period of time to improve

Oral argument — Corus Staal BV v. United States

Oral argument · Oral argument · Jun 8, 2006

review will cover entries, exports, or sales during the relevant period. … This was an administrative review of Horace's sales during the particular period of review.

Oral argument — Lee's Ford Dock, Inc. v. Secretary of the Army

Oral argument · Oral argument · Apr 3, 2017

As Your Honor would also note, there was a comment in that decision that said, since this is a lease, that the board did in fact have CDA jurisdiction on that basis as well. … So we would say that it started running in 2007 when the court announced that it would be lowering the reservoir level for an extended period of time.

Oral argument — Ashford University, LLC v. Secretary of Veterans Affairs

Oral argument · Oral argument · Oct 2, 2019

You've got to wait until the agency acts finally on the rule. And here, even if you view this as a rule, and I think there's a big question as to whether it is, the agency hasn't finally acted on it. … When that rule is then applied later on, even if after the 60-day period of 90 days.

Oral argument — Henley v. MSPB

Oral argument · Oral argument · Mar 7, 2017

He had two choices, which was to resign or to await the next retaliatory act. … Yes, yes, and the comment about his father. And the comment about his father.

Oral argument — Figueroa v. United States

Oral argument · Oral argument · Apr 4, 2006

And I'd be interested in your comment. I'll try to address Your Honor's question. … During the same period, the amount of program costs allotted to the PTO increased by a factor of 3.6.

Oral argument — Military-Veterans Advocacy v. Secretary of Veterans Affairs

Oral argument · Oral argument · Jan 7, 2025

The consent argument is not an answer to our Administrative Procedure Act argument, which is that the VA doesn't have any statutory authority to impose these inspections, even if they force users of the … I understand from Your Honor's comments, you don't like that argument.

Oral argument — South Alabama Medical Science v. Gnosis S.P.A.

Oral argument · Oral argument · Apr 7, 2015

With respect to... so to the extent that that was not done, and so the Board... so to Your Honor, Judge Plager's comment, that would be the one defense that we would choose to be... … In this case, I'd like to address some of the comments that my opposing counsel just made to the court. First point he talked about was the fact that expectation of success.

Oral argument — Mojica v. HHS

Oral argument · Oral argument · Jul 10, 2008

If we have a statute that Congress is allowing the government to be sued, they strictly define who and in what time period that lawsuit can come. … Roth, any concluding comments? Yes, your honor.

Oral argument — Holton v. DVA

Oral argument · Oral argument · Jan 6, 2009

The function of the presumption is to act as a substitute for evidence, that he doesn't have to come forward with evidence other than his own statement. … I direct the Court's attention to the last two sentences under comment.