Fairway Prime Estate Management, LLC v. First American International Bank

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \the special deference deservedly afforded the administrative law judge's factual determinations based on testimonial inferences will weigh heavily in our review of a contrary finding by the Board\
• “the special deference deservedly afforded the administrative law judge’s factual determinations based on testimonial inferences will weigh heavily in our review of a contrary finding by the Board”
• “when the Board second-guesses the Examiner and gives credence to testimony which he has found-either expressly or by implication-to be inherently untrustworthy, the substantiality of that evidence is tenuous at best” id. at 1077
• “evidence in the record which, when taken alone, may amount to ‘substantial evidence’ and therefore support the Board’s decision, will often be insufficient when the trial examiner has, on the basis of the witnesses’ demeanor, made credibility determinations contrary to the Board’s position”
• “Weight is given the administrative law judge’s determinations of credibility for the obvious reason that he or she ‘sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records.’ ”
• “[E]ven when the record contains independent, credited evidence supportive of the Board’s decision, a reviewing court will review more critically the Board’s findings of fact if they are contrary to the administrative law judge’s factual conclusions.”

Source: CourtListener parenthetical corpus (CC0).