Legal Opinion

Hoed v. United States Secretary of Agriculture

United States Court of International Trade

Decided January 16, 2008No. Slip Op. 08-6; Court 06-00445Published

1Opinion of the Court

OPINION

TSOUCALAS, Senior Judge.

Defendant United States Secretary of Agriculture (“Defendant” or “Secretary”) moves pursuant to USCIT R. 12(b)(5) to dismiss this action for failure to state a claim upon which relief may be granted. Plaintiff Arthur J. Den Hoed (“Plaintiff’) opposes the motion and moves pursuant to USCIT R. 7 to supplement the administrative record. Plaintiff contends that the record is inadequate and argues that Defendant’s denial of trade adjustment assistance (“TAA”) benefits to Plaintiff is not supported by substantial evidence. Plaintiff also seeks a protective order with…

2Cases cited11 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Gould, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  4. United States v. IslipUnited States Court of International Trade · 1998
  5. Ron Steen v. United StatesCourt of Appeals for the Federal Circuit · 2006

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