Case law

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  • New England Health Care Employees Union v. National Labor Relations Board

    448 F.3d 189 · Court of Appeals for the Second Circuit · Apr 19, 2006

    of fact, Penasquitos Village, Inc. v. … Ass’n v. State Farm Mut. Auto. Ins.

    Cited 1 timesPublished
  • George Arthur v. Ewald P. Nyquist

    573 F.2d 134 · Court of Appeals for the Second Circuit · Mar 8, 1978

    In Brown v. Board of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954), the Supreme Court overruled the “separate-but-equal” doctrine first announced in Plessy v. … Brown can be read to condemn segregated schools because they are “inherently unequal.”

    Disagreed with by United States v. City of Yonkers, 96 F.3d 600 (1996)Cited 69 timesPublished
  • Retirement Board of the Policemen's Annuity & Benefit Fund v. Bank of New York Mellon

    775 F.3d 154 · Court of Appeals for the Second Circuit · Dec 23, 2014

    Compare Blum v. … Corp. v.

    Cited 98 timesPublished
  • Weeks Marine, Inc. v. Briskie

    161 F. App'x 178 · Court of Appeals for the Second Circuit · Jan 18, 2006

    See Briskie v. … See Coke v. Long Island Care at Home, Ltd., 376 F.3d 118, 126 (2d Cir.2004); see also Chevron U.S.A., Inc. v. Natural Res. Def.

    Cited 1 timesPublished
  • Martire v. Selective Service Local Board No. 15

    442 F.2d 895 · Court of Appeals for the Second Circuit · May 12, 1971

    442 F.2d 895 Frank MARTIRE, Jr., Plaintiff-Appellant, v. SELECTIVE SERVICE LOCAL BOARD NO. 15, BRIDGEPORT, CONNECTICUT and Brig. Gen. Ernest E. … conduct, Oestereich v.

    Cited 0 timesPublished
  • Westinghouse Electric Corporation v. National Labor Relations Board

    440 F.2d 7 · Court of Appeals for the Second Circuit · Mar 30, 1971

    Carey v. … B. v.

    Cited 0 timesPublished
  • Associated General Contractors of Connecticut, Inc. v. National Labor Relations Board

    929 F.2d 910 · Court of Appeals for the Second Circuit · Apr 4, 1991

    The Board affirmed AU Lawrence’s findings and adopted his recommended order directing the JAC to reinstate Gilbert with backpay. We enforced the Board’s order in an unpublished decision. NLRB v. … See Morrison-Knudsen Co. v. NLRB, 275 F.2d 914 (2d Cir.1960); Lummus Co. v. NLRB, 339 F.2d 728 (D.C.Cir.1964); Wolf Trap Foundation, supra.

    Cited 1 timesPublished
  • Byrne Dairy, Inc. v. National Labor Relations Board

    431 F.2d 1363 · Court of Appeals for the Second Circuit · Sep 9, 1970

    P 11,153 BYRNE DAIRY, INC., Petitioner, v. … We must uphold the Board when, as here, there is a fair basis for concluding the employer had crossed the line and seriously impaired the likelihood of a fair election. See Note, NLRB v.

    Cited 0 timesPublished
  • Jones v. Department of Army Board for Correction of Military Records

    7 F. App'x 29 · Court of Appeals for the Second Circuit · Mar 23, 2001

    Cited 1 timesPublished
  • United States v. Brown

    Court of Appeals for the Second Circuit · Feb 1, 2024

    22-3061-cr United States v. … United States v. Halvon, 26 F.4th 566, 569 (2d Cir. 2022) (per curiam). “[A] district court’s discretion in this area . . . is broad,” United States v.

    Cited 0 timesUnpublished
  • Spentonbush Red Star Companies v. National Labor Relations Board

    106 F.3d 484 · Court of Appeals for the Second Circuit · Feb 13, 1997

    However, the Board's biased mishandling of cases involving supervisors increasingly has called into question our obeisance to the Board's decisions in this area. See, e.g., NLRB v. … v.

    Cited 0 timesPublished
  • Snyder Tank Corporation v. National Labor Relations Board

    428 F.2d 1348 · Court of Appeals for the Second Circuit · Jul 1, 1970

    These factual findings, supported by substantial evidence outlined above, are sufficient to warrant the Board's conclusion that the company violated 8(a)(1). See, e.g., NLRB v. … Based on that finding, the Board had the power to issue a bargaining order. NLRB v.

    Cited 0 timesPublished
  • William Hardy, Inc. v. Commissioner of Internal Revenue

    82 F.2d 249 · Court of Appeals for the Second Circuit · Feb 10, 1936

    See Brown v. Helvering, 291 U.S. 193 , 54 S.Ct. 356 , 78 L.Ed. 725 , Lucas v. American Code Co., 280 U.S. 445 , 50 S.Ct. 202 , 74 L.Ed. 538 , 67 A.L.R. 1010 . … Niles Bement Pond Co. v. United States, 281 U.S. 357 , 50 S.Ct. 251 , 74 L.Ed. 901 ; Mt. Vernon Trust Co. v. Commissioner, 75 F.(2d) 938 (C.C.A.2). We need not take much time in upholding the commissioner’s decision.

    Overruled by Commissioner of Internal Revenue v. Dwyer, 203 F.2d 522 (1953)Cited 22 timesPublished
  • Sullivan v. LTV Aerospace & Defense Co.

    82 F.3d 1251 · Court of Appeals for the Second Circuit · May 6, 1996

    The decision to award benefits is made by a Committee (the “Committee”) appointed by the Board of Directors (the “Board”) and consisting of outside members of the Board. KERP § 2.07. … In support of her attempt to obviate the deference standard, the plaintiff in Pagan cited Brown v.

    Cited 48 timesPublished
  • National Labor Relations Board v. Olson Bodies, Inc.

    420 F.2d 1187 · Court of Appeals for the Second Circuit · Jan 6, 1970

    (BNA) 2202 NATIONAL LABOR RELATIONS BOARD, Petitioner, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Intervenor, v. … See NLRB v.

    Cited 0 timesPublished
  • Ruane Et Al. v. New York State Racing And Wagering Board

    532 F.2d 860 · Court of Appeals for the Second Circuit · Mar 29, 1976

    The NEW YORK STATE RACING AND WAGERING BOARD and the Board of Stewards designated and approved by the New York State Racing and Wagering Board, Defendants-Appellees. No. 580, Docket 75-7556. … Lopez, 419 U.S. 565, 573 , 95 S.Ct. 729, 736 , 42 L.Ed.2d 725, 733 (1975); Board of Regents v.

    Cited 1 timesPublished
  • Elbert v. Johnson

    164 F.2d 421 · Court of Appeals for the Second Circuit · Nov 25, 1947

    In November 1941 the Board of Tax Appeals held that the aforesaid trust was not a real gift for income tax pur *423 poses. Marian Bourne Elbert v. … Bogert, 250 U.S. 483, 490 , 39 S.Ct. 533 , 63 L.Ed. 1099 ; Barnsdall v. Waltemeyer, 8 Cir., 142 F. 415, 420 ; Harrill v. Davis, 8 Cir., 168 F. 187, 195 , 22 L.R.A.,N.S., 1153; Brown v.

    Cited 46 timesPublished
  • National Labor Relations Board v. Majestic Weaving Co., Inc., of New York

    344 F.2d 116 · Court of Appeals for the Second Circuit · Apr 7, 1965

    In contrast to Fafnir Bearing Co. v. NLRB, 339 F.2d 801 (2 Cir. 1964), cert, granted, International Union etc. v. … If the Board’s order is right, Local 815 also has violated the Act, International Ladies’ Garment Workers’ Union v.

    Cited 2 timesPublished
  • National Labor Relations Board v. Black Bull Carting Inc.

    29 F.3d 44 · Court of Appeals for the Second Circuit · Jul 5, 1994

    See, e.g., Rochester Joint Board v. NLRB, 896 F.2d 24 , 27 (2d Cir.1990); NLRB v. Olson Bodies, Inc., 420 F.2d 1187 , 1189 (2d Cir.1970), cert. denied, 401 U.S. 954 , 91 S.Ct. 966 , 28 L.Ed.2d 237 (1971). … NLRB, 896 F.2d at 27, and "we ordinarily defer to the expertise and discretion of the Board," Bridgeport Fittings, Inc. v.

    Cited 0 timesPublished
  • National Labor Relations Board v. Milk Drivers & Dairy Employees, Local 338

    531 F.2d 1162 · Court of Appeals for the Second Circuit · Mar 12, 1976

    The Board, needless to say, is not given carte blanche to draw “hypothetical conjectures remote from the realities of industrial existence.” N.L.R.B. v. … N.L.R.B. v.

    Cited 1 timesPublished

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