- 7 - motions under advisement and proceeded to hear petitioner’s case.3 At the outset, the Court explained to petitioner as follows: This is your chance to raise any issues that you wanted to raise had you gotten a face to face hearing with Appeals. * * * * * * * * * * If you want to raise any issues, you need to raise them here today in this court, and based on the evidence introduced and my review of any briefs, and subject to whatever action I might take on your motions, and then I will decide whether you have been treated unfairly. And if so, what the appropriate remedy is. But you need to bring out whatever issues you want to bring out today, because I think that it is your last chance unless I take some other action. Petitioner’s comments during the ensuing trial, however, failed to raise any points not previously pressed or to identify any specific colorable issues for remand. At the conclusion of the trial, the parties were afforded an opportunity to submit posttrial briefs. Only respondent did so. 3 For all the reasons set forth infra in text, petitioner’s above-referenced motions shall be denied in conjunction with issuance of this opinion, without need for further separate discussion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011