Notes of Decisions
Cited in
49
cases, 2005–2012 · leading case:
Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005).
Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005).
· cites it 20× “In particular, Defendant claims that Plaintiff does not meet the eligibility requirements under 19 U.S.C. § 2401e or 7 C.F.R. § 1580.301 .”
Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007).
· cites it 12× “By its motion, plaintiff challenges the decision of the Foreign Agricultural Service of the United States Department of Agriculture (the “Department”) to deny its application under the Trade Adjustment for Farmers program for trade adjustment assistance (“TAA”) pursuant to 19…”
Anderson v. United States Sec'y of Agric., 462 F. Supp. 2d 1333 (Ct. Intl. Trade 2006).
· cites it 5× “§ 2401a, must then individually meet several conditions in order to receive such benefits, 19 U.S.C. § 2401e. In particular, a producer qualifies for assistance only if “the producer’s net farm income (‘as determined by the Secretary [of Agriculture]’) for the most recent year…”
Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005).
· cites it 6× “The Government argues that because Trinh “never submitted documentation demonstrating a decline in income to USDA,” he “did not satisfy the statutory or regulatory requirements necessary in order to receive cash benefits pursuant to 19 U.S.C. § 2401e.” Def.’s Resp. Br. at 10.”
Cabana v. United States Sec'y of Agric., 427 F. Supp. 2d 1232 (Ct. Intl. Trade 2006).
· cites it 13× “The Department responds that 19 U.S.C. § 2401e (c) grants the power to determine “net farm income” to the Secretary, and the Secretary has determined that Cabana’s “net farm income” did not decrease in 2002.”
Viet Do v. United States Sec'y of Agric., 427 F. Supp. 2d 1224 (Ct. Intl. Trade 2006).
· cites it 8× “Specifically, Plaintiffs argue that Agriculture erred in its determination for two reasons: 1) Agriculture should have treated each of their vessels as a producer entitled to TAA under 19 U.S.C. § 2401e (Supp. II 2002), and 2) Agriculture’s definition of “net fishing income” is…”
Lady Kelly, Inc. v. United States Sec'y of Agric., 427 F. Supp. 2d 1171 (Ct. Intl. Trade 2006).
· cites it 6× “Since eligibility for the adjustment assistance disbursed pursuant to 19 U.S.C. § 2401e is conditioned on an “adversely affected agricultural commodity producer” filing a TAA application within ninety days of the date of certification, see 19 U.”
Wooten v. United States, Sec'y of Agric., 441 F. Supp. 2d 1253 (Ct. Intl. Trade 2006).
· cites it 7× “Taking all the allegations in Plaintiffs Amended Complaint in the light most favorable to him, he continues to be ineligible for TAA cash benefits pursuant to 19 U.S.C. § 2401e because there was no decrease in income between 2001 and 2002.”
O'Toole v. U.S. Sec'y of Agric., 471 F. Supp. 2d 1323 (Ct. Intl. Trade 2007).
· cites it 5× “§ 2401a(a) (requiring “investigation” of petitions for group certification) with 19 U.S.C. § 2401e (listing “conditions” to be met by individual applicants)).”
Anderson v. United States, Sec'y of Agric., 429 F. Supp. 2d 1352 (Ct. Intl. Trade 2006).
· cites it 3× “Defendant claims that the Plaintiff was notified of this deficiency, that he failed to submit the documents, and thus did not satisfy the requirements of 19 U.S.C. § 2401e(a)(l)(C) or 7 C.F.R. § 1580.”
Lady Kim T. Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1262 (Ct. Intl. Trade 2006).
· cites it 3× “In demonstrating its net income, the regulation permits a producer to submit “(i) [supporting documentation from a certified public accountant or attorney, or (ii) [rjelevant documentation and other supporting financial data, such as financial statements, balance sheets, and…”
Williams v. Bd. of Review, 948 N.E.2d 561 (Ill. 2011).
“2d 1171, 1174-75 (2006), that equitable tolling applies to the Act’s 90-day deadline for applying for benefits after a petition is certified (19 U.S.C. §2401e(a)(l)). Accord Truong v.”
— 19 U.S.C. § 2401e(a) — 2 cases
Lady Kim T. Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1262 (Ct. Intl. Trade 2006).
“In demonstrating its net income, the regulation permits a producer to submit “(i) [supporting documentation from a certified public accountant or attorney, or (ii) [rjelevant documentation and other supporting financial data, such as financial statements, balance sheets, and…”
— 19 U.S.C. § 2401e(a)(1) — 3 cases
— 19 U.S.C. § 2401e(a)(1)(C) — 2 cases
— 19 U.S.C. § 2401e(a)(1)(D) — 1 case
— 19 U.S.C. § 2401e(a)(2) — 2 cases
Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005).
“In particular, Defendant claims that Plaintiff does not meet the eligibility requirements under 19 U.S.C. § 2401e or 7 C.F.R. § 1580.301 .”
— 19 U.S.C. § 2401e(a)(2)(A)(i) — 1 case
Anderson v. United States Sec'y of Agric., 462 F. Supp. 2d 1333 (Ct. Intl. Trade 2006).
“§ 2401a, must then individually meet several conditions in order to receive such benefits, 19 U.S.C. § 2401e. In particular, a producer qualifies for assistance only if “the producer’s net farm income (‘as determined by the Secretary [of Agriculture]’) for the most recent year…”
— 19 U.S.C. § 2401e(a)(l) — 21 cases
Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005).
“In particular, Defendant claims that Plaintiff does not meet the eligibility requirements under 19 U.S.C. § 2401e or 7 C.F.R. § 1580.301 .”
Lady Kelly, Inc. v. United States Sec'y of Agric., 427 F. Supp. 2d 1171 (Ct. Intl. Trade 2006).
“Since eligibility for the adjustment assistance disbursed pursuant to 19 U.S.C. § 2401e is conditioned on an “adversely affected agricultural commodity producer” filing a TAA application within ninety days of the date of certification, see 19 U.”
Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007).
“By its motion, plaintiff challenges the decision of the Foreign Agricultural Service of the United States Department of Agriculture (the “Department”) to deny its application under the Trade Adjustment for Farmers program for trade adjustment assistance (“TAA”) pursuant to 19…”
Williams v. Bd. of Review, 948 N.E.2d 561 (Ill. 2011).
“2d 1171, 1174-75 (2006), that equitable tolling applies to the Act’s 90-day deadline for applying for benefits after a petition is certified (19 U.S.C. §2401e(a)(l)). Accord Truong v.”
Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005).
“The Government argues that because Trinh “never submitted documentation demonstrating a decline in income to USDA,” he “did not satisfy the statutory or regulatory requirements necessary in order to receive cash benefits pursuant to 19 U.S.C. § 2401e.” Def.’s Resp. Br. at 10.”
— 19 U.S.C. § 2401e(a)(l)(A) — 1 case
Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005).
“The Government argues that because Trinh “never submitted documentation demonstrating a decline in income to USDA,” he “did not satisfy the statutory or regulatory requirements necessary in order to receive cash benefits pursuant to 19 U.S.C. § 2401e.” Def.’s Resp. Br. at 10.”
— 19 U.S.C. § 2401e(a)(l)(C) — 22 cases
Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007).
“By its motion, plaintiff challenges the decision of the Foreign Agricultural Service of the United States Department of Agriculture (the “Department”) to deny its application under the Trade Adjustment for Farmers program for trade adjustment assistance (“TAA”) pursuant to 19…”
Viet Do v. United States Sec'y of Agric., 427 F. Supp. 2d 1224 (Ct. Intl. Trade 2006).
“Specifically, Plaintiffs argue that Agriculture erred in its determination for two reasons: 1) Agriculture should have treated each of their vessels as a producer entitled to TAA under 19 U.S.C. § 2401e (Supp. II 2002), and 2) Agriculture’s definition of “net fishing income” is…”
Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005).
“In particular, Defendant claims that Plaintiff does not meet the eligibility requirements under 19 U.S.C. § 2401e or 7 C.F.R. § 1580.301 .”
Anderson v. United States, Sec'y of Agric., 429 F. Supp. 2d 1352 (Ct. Intl. Trade 2006).
“Defendant claims that the Plaintiff was notified of this deficiency, that he failed to submit the documents, and thus did not satisfy the requirements of 19 U.S.C. § 2401e(a)(l)(C) or 7 C.F.R. § 1580.”
Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005).
“The Government argues that because Trinh “never submitted documentation demonstrating a decline in income to USDA,” he “did not satisfy the statutory or regulatory requirements necessary in order to receive cash benefits pursuant to 19 U.S.C. § 2401e.” Def.’s Resp. Br. at 10.”
— 19 U.S.C. § 2401e(a)(l)(D) — 2 cases
O'Toole v. U.S. Sec'y of Agric., 471 F. Supp. 2d 1323 (Ct. Intl. Trade 2007).
“§ 2401a(a) (requiring “investigation” of petitions for group certification) with 19 U.S.C. § 2401e (listing “conditions” to be met by individual applicants)).”
— 19 U.S.C. § 2401e(a)(l)(c) — 2 cases
Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005).
“The Government argues that because Trinh “never submitted documentation demonstrating a decline in income to USDA,” he “did not satisfy the statutory or regulatory requirements necessary in order to receive cash benefits pursuant to 19 U.S.C. § 2401e.” Def.’s Resp. Br. at 10.”
Viet Do v. United States Sec'y of Agric., 427 F. Supp. 2d 1224 (Ct. Intl. Trade 2006).
“Specifically, Plaintiffs argue that Agriculture erred in its determination for two reasons: 1) Agriculture should have treated each of their vessels as a producer entitled to TAA under 19 U.S.C. § 2401e (Supp. II 2002), and 2) Agriculture’s definition of “net fishing income” is…”
— 19 U.S.C. § 2401e(b) — 2 cases
Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005).
“In particular, Defendant claims that Plaintiff does not meet the eligibility requirements under 19 U.S.C. § 2401e or 7 C.F.R. § 1580.301 .”
O'Toole v. U.S. Sec'y of Agric., 471 F. Supp. 2d 1323 (Ct. Intl. Trade 2007).
“§ 2401a(a) (requiring “investigation” of petitions for group certification) with 19 U.S.C. § 2401e (listing “conditions” to be met by individual applicants)).”
— 19 U.S.C. § 2401e(b)(1) — 1 case
— 19 U.S.C. § 2401e(b)(l) — 1 case
— 19 U.S.C. § 2401e(c) — 3 cases
Viet Do v. United States Sec'y of Agric., 427 F. Supp. 2d 1224 (Ct. Intl. Trade 2006).
“Specifically, Plaintiffs argue that Agriculture erred in its determination for two reasons: 1) Agriculture should have treated each of their vessels as a producer entitled to TAA under 19 U.S.C. § 2401e (Supp. II 2002), and 2) Agriculture’s definition of “net fishing income” is…”
O'Toole v. U.S. Sec'y of Agric., 471 F. Supp. 2d 1323 (Ct. Intl. Trade 2007).
“§ 2401a(a) (requiring “investigation” of petitions for group certification) with 19 U.S.C. § 2401e (listing “conditions” to be met by individual applicants)).”
— 19 U.S.C. § 2401e(l)(C) — 1 case
Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005).
“In particular, Defendant claims that Plaintiff does not meet the eligibility requirements under 19 U.S.C. § 2401e or 7 C.F.R. § 1580.301 .”
— 19 U.S.C. § 2401e(á)(l)(C) — 1 case
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