Findings for substantial evidenceUnderlying factual findingsPTABCommissioner'sSupported by substantial evidenceBoard'sGainful activity2023Deference2000AppealSignificantConclusionsInaccurateInquiryCommissionerDeterminationClaimantReviewContractsRisk to healthProvideEvidence supportsLegal standards were appliedAreasAnalysisScientificDecisionHealthIssueIncreaseRelevantSocialTrialStudentsRelief
Findings for substantial evidence3
- 2020). We review factual findings for substantial evidence. (findlaw.com)
- We review the PTAB's factual findings for substantial evidence and its legal conclusions de novo. (conservapedia.com)
- We review the Board's factual findings for substantial evidence on the record as a whole, and review its legal conclusions for rationality and consistence with the National Labor Relations Act. (law.com)
Underlying factual findings2
- The ultimate determination of obviousness is a question of law, but that determination is based on underlying factual findings. (conservapedia.com)
- 2000). The underlying factual findings include (1) "the scope and content of the prior art," (2) "differences between the prior art and the claims at issue," (3) "the level of ordinary skill in the pertinent art," and (4) the presence of secondary considerations of nonobviousness such "as commercial success, long felt but unsolved needs, failure of others," and unexpected results. (conservapedia.com)
PTAB3
- The petitions focused on the standard-for-review of factual findings made by the PTAB. (patentlyo.com)
- In the appeal, the patentees agreed it is appropriate that PTAB factual conclusions be given deference. (patentlyo.com)
- Should PTAB factual findings be reviewed for "clear error" or "substantial evidence" in an appeal of a final written decision in an inter partes review? (patentlyo.com)
Commissioner's1
- The Commissioner's factual findings are conclusive if supported by substantial evidence. (justia.com)
Supported by substantial evidence3
- The function of this Court is to determine whether the decision of the Commissioner is supported by substantial evidence and whether proper legal standards were applied. (justia.com)
- 2002). This Court must "scrutinize the record as a whole to determine if the decision reached is reasonable and supported by substantial evidence. (justia.com)
- This Court must uphold factual findings supported by substantial evidence. (justia.com)
Board's2
- Substantial evidence supports the Board's determinations. (justia.com)
- Because Alere did not offer new theories and because substantial evidence supports the Board's determinations, we affirm. (justia.com)
Gainful activity3
- 3 The Regulations define "disabled" as "the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. (justia.com)
- Substantial Gainful Employment First, the Commissioner must determine whether the claimant is engaged in "substantial gainful activity. (justia.com)
- If the claimant is working and that work is substantial gainful activity, the Commissioner will find that the claimant is not disabled, regardless of the claimant's medical condition or her age, education, and work experience. (justia.com)
20231
- BEIJING , May 15, 2023 /PRNewswire/ - Chinese firms' environmental, social, and governance (ESG) performance could see a substantial increase under foreign ownership, according to a new study by Professors of Economics, Brian Viard and Zhang Gang , at Cheung Kong Graduate School of Business. (aap.com.au)
Deference2
- 1988). The court gives deference to factual findings and reviews questions of law de novo. (justia.com)
- A way to think about the difference between the two of these is to consider that factual findings by a jury are generally reviewed for substantial evidence (higher deference) while a judge's factual findings are reviewed for clear error (lower deference). (patentlyo.com)
20001
- 2000)-to apply the substantial evidence standard of review to factual findings by the Board, however. (patentlyo.com)
Appeal1
- I write separately, however, because I agree with the dissent to the extent it argues that a substantial evidence standard of review makes little sense in the context of an appeal from an IPR proceeding. (patentlyo.com)
Significant3
- Significant [substantial] knowledge of relevant theories and types of analysis. (bangor.ac.uk)
- An ongoing state police investigation into alleged tampering during the widely watched double murder trial has already found unspecified "significant factual disputes" with the claims made last week , according to a Sept. 15 filing by the South Carolina Attorney General's office. (yahoo.com)
- All greenhouse gas emissions are of significant concern if we are going to make substantial progress in limiting climate change. (albertamilk.com)
Conclusions1
- The appellate panel applied the "substantial evidence" standard that requires affirmance of challenged factual findings when those conclusions are based upon "more than a mere scintilla" of evidence. (patentlyo.com)
Inaccurate2
- 3. Ensure that factual material is presented with reasonable fairness and balance, and that writers' expressions of opinion are not based on significantly inaccurate factual material or omission of key facts. (presscouncil.org.au)
- The Council noted that the complaint raised concerns that comments in the letters were inaccurate and could contribute to a substantial risk to health and safety. (presscouncil.org.au)
Inquiry1
- STANDARD OF REVIEW In reviewing claims brought under the Social Security Act, this court "is limited to an inquiry into whether there is substantial evidence to support the findings of the Commissioner, and whether the correct legal standards were applied. (justia.com)
Commissioner1
- The Plaintiff then filed this action for judicial review under 42 U.S.C. ยง 405(g), asserting that the findings of the Commissioner are not based upon substantial evidence and that improper legal standards were applied. (justia.com)
Determination1
- Substantial evidence supports the determination that petitioners did not otherwise establish that the harm they experienced or fear was or would be on account of a protected ground. (findlaw.com)
Claimant2
- The linchpin of their argument is that courts may review only the sincerity of this claim: Once a non-profit claimant honestly pleads that self-certification constitutes a "substantial" religious burden, the substantiality of the burden is conclusively established and immune from challenge by the government or review by the courts. (scotusblog.com)
- The court held , the absence of evidence that the corporation was functioning as a bona fide entity, coupled with substantial evidence that it was used only as a conduit whereby the rentals were to be channeled into the possession of the claimant as a return from his capital investment, supported the Secretary's conclusion that no employer-employee relationship existed. (ssa.gov)
Review2
- The Federal Circuit has denied en banc review of decisions in four inter partes review proceedings brought by Gnosis. (patentlyo.com)
- I agree that application of the substantial evidence standard of review is seemingly inconsistent with the purpose and content of the AIA. (patentlyo.com)
Contracts1
- In 2011 and 2013, Qualcomm signed contracts with Apple Inc. (Apple) that provided substantial incentive payments (i.e., pricing discounts) if Apple sourced its iPhone modem chips exclusively from Qualcomm. (klgates.com)
Risk to health3
- and to avoid causing or contributing to substantial risk to health or safety, unless doing so is sufficiently in the public interest (General Principle 6). (presscouncil.org.au)
- The publication said, given the vast amount of misinformation freely available on the subject of COVID-19 treatment and prevention, it was unlikely that two letters would cause or contribute materially to substantial offence, distress or prejudice, or a substantial risk to health and safety. (presscouncil.org.au)
- 6. Avoid causing or contributing materially to substantial offence, distress or prejudice, or a substantial risk to health or safety, unless doing so is sufficiently in the public interest. (presscouncil.org.au)
Provide2
- What factual information can I provide for a brief and easy to understand response? (albertamilk.com)
- To achieve the functions stated above and to address the specific HIV-prevention needs of each client, HIV counseling must do more than provide factual information in a didactic manner. (cdc.gov)
Evidence supports1
- Substantial evidence supports the BIA's denial of CAT relief because petitioners failed to show it is more likely than not they would be tortured by or with the consent or acquiescence of the government if returned to Guatemala. (findlaw.com)
Legal standards were applied1
- 2 substantial evidence and whether proper legal standards were applied. (justia.com)
Areas1
- In most administrative law areas, agency factual determinations are reviewed for substantial evidence. (patentlyo.com)
Analysis1
- There appear to be substantial factual inaccuracies with its contents and the legal analysis set out in it. (sail-world.com)
Scientific1
- Youtube presenters or media interviewers are treating these people as if their wild exaggerations, overstatements, and outright fabrications possessed scientific validity and factual certitude. (educate-yourself.org)
Decision3
- The decision as originally written would have had substantial negative impacts on the company, its customers and the region. (amwater.com)
- In yesterday's order, the CPUC has corrected factual errors to its original decision. (amwater.com)
- I. Factual and Procedural History Snead was a fifty-four-year-old male at the time of the Administrative Law Judge's ("ALJ") decision on June 8, 2012. (justia.com)
Health2
- The workshop was an effective collaboration between NIOSH Ag Centers, the state department of health (Texas), a school of public health, and the Texas Agricultur al Research and Extension Centers in five urban and rural locations with substantial agricultur al production. (cdc.gov)
- In several countries, recent large-scale efforts at health promotion have contributed to a substantial decline in smoking among adolescents [2,3]. (who.int)
Issue2
- In an 11-1 split, the Federal Circuit has denied en banc rehearing on this issue. (patentlyo.com)
- They usually have complex factual or legal issue. (njcourts.gov)
Increase1
- The reasonably anticipated development will cumulatively generate a substantial increase in demand over existing levels for social and human services. (codepublishing.com)
Relevant1
- 1983). Substantial evidence is "such relevant evidence as a reasonable person would accept as adequate to support a conclusion. (justia.com)
Social1
- The accusation of "racism" is a factual claim that in the present social climate is extremely derogatory and stigmatizing. (pjmedia.com)
Trial1
- Substantial evidence supported the trial court's conclusion that appellants failed to meet their burden to establish the existence of an enforceable arbitration agreement. (findlaw.com)
Students1
- The students showed marked variability in correct responses to various factual items. (who.int)
Relief2
- It ignores Congress's purpose in restricting RFRA relief to "substantial" religious burdens, it misunderstands the religious-question doctrine, and it undermines both religious-exemption policy and the rule of law. (scotusblog.com)
- It was only during the final debate that Senators Edward Kennedy and Orrin Hatch, RFRA's Senate floor managers and principal co-sponsors, proposed that relief be limited to "substantial" religious burdens. (scotusblog.com)