Case law

Francine Newman v. The Board of Education of the City School District of New York

508 F.2d 277 · Court of Appeals for the Second Circuit · Mar 31, 1975

At that time, the District Court did not have the benefit of the decision of this Circuit in Lombard v. Board of Education, 502 F.2d 631 (2d Cir. 1974), which was announced on July 22, 1974. … Appellant has since refused to undergo any further mental examinations by the Board.

Carlos J. Gonzalez, Jr. v. Edward Hammock, Chairman, New York State Board of Parole

639 F.2d 844 · Court of Appeals for the Second Circuit · Jan 12, 1981

See, e. g., Manson v. Braithwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977); Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972); Coleman v. … Phipps v.

Amador Rivera v. I. Michael Heyman, Secretary, Smithsonian Institution, Luis A. Palau and Edward G. Dolan

157 F.3d 101 · Court of Appeals for the Second Circuit · Sep 16, 1998

It therefore provides the rule of decision for this case.See Plaut v. … In dismissing these claims, the district court relied on Brown v. General Servs.

National Labor Relations Board v. Milk Drivers And Dairy Employees Local Union No. 584

341 F.2d 29 · Court of Appeals for the Second Circuit · Jan 26, 1965

See NLRB v. … See NLRB v.

American Federation of Government Employees, Afl-Cio, Local 3306 v. Federal Labor Relations Authority, and Department of Veterans Affairs, Intervenor

2 F.3d 6 · Court of Appeals for the Second Circuit · Aug 4, 1993

See American Federation of Government Employees Local 3884 v. FLRA, 930 F.2d at 1327-28. … Circuit summarily affirmed, Bellomo v. Brown, No. 92-5350, 1993 WL 183974 (D.C.Cir. Apr. 26, 1993). We do not regard the decisions in these actions as having any preclu-sive effect on the issues before this Court.

Ruth E. Buck v. The Board of Elections of the City of New York

536 F.2d 522 · Court of Appeals for the Second Circuit · May 27, 1976

Powell v. Workmen’s Compensation Board, 327 F.2d 131 , 137 (2d Cir. 1964). … United States v. Price, 383 U.S. 787, 794 , 86 S.Ct. 1152 , 16 L.Ed.2d 267 (1966); Fine v. City of New York, 529 F.2d 70, 74 (2d Cir. 1975), slip ops. 1413, 1420.

Daniel R. Murphy and Susan Murphy v. Empire of America, Fsa

746 F.2d 931 · Court of Appeals for the Second Circuit · Oct 12, 1984

Indeed, “[u]nless demonstrably irrational, Federal Reserve Board staff opinions construing the Act or Regulation should be dispositive____” Ford Motor Credit Co. v. … Brown, 441 U.S. 281, 311 , 99 S.Ct. 1705, 1722 , 60 L.Ed.2d 208 (1979), or when there is no official legislative history on the enactment, see, e.g., Davis v. Federal Deposit Ins.

Office And Professional Employees International Union, Afl-Cio, Clc v. National Labor Relations Board

981 F.2d 76 · Court of Appeals for the Second Circuit · Dec 10, 1992

Brown & Root, Inc. v. NLRB, 634 F.2d 816, 818 (5th Cir.1981). … See also NLRB v.

Wheeler-Van Label Company, Subsidiary of Stecher-Traung-Schmidt Corporation v. National Labor Relations Board

408 F.2d 613 · Court of Appeals for the Second Circuit · Mar 19, 1969

A unit finding by the Board “involves of necessity a large measure of informed discretion,” Packard Motor Car Co. v. … The Board’s duty is to choose an appropriate unit, and it may select among several appropriate ones. See, e. g., NLRB v. Western & Southern Life Ins.

National Labor Relations Board v. Local 138, International Union of Operating Engineers Afl-Cio

380 F.2d 244 · Court of Appeals for the Second Circuit · Jun 29, 1967

Brown & Root, Inc., 311 F.2d 447, 452 (8th Cir. 1963): “Obviously, in many cases it is difficult for the Board to determine precisely the amount of back pay which should be awarded to an employee. … Mastro Plastics Corp., 354 F.2d 170 (2d Cir. 1965), cert. denied 384 U.S. 972 , 86 S.Ct. 1862 , 16 L.Ed.2d 682 (1966), and NLRB v. Brown & Root, Inc., 311 F.2d 447 (8th Cir. 1963).

Ezekwo v. NYC Health & Hospitals Corp.

940 F.2d 775 · Court of Appeals for the Second Circuit · Aug 1, 1991

Cleveland Board of Educ. v. … See Board of Curators v. Horowitz, 435 U.S. 78, 82 (1978) (involving dismissal from medical school) (“Respondent has never alleged that she was deprived of a property interest.

Potts v. Village of Haverstraw

79 F.2d 102 · Court of Appeals for the Second Circuit · Jul 22, 1935

Some of our language in Oltarsh v. Bratter (C. C. … In re Board of Water Commissioners of White Plains, 176 N. Y. 239 , 68 N. E. 348 ; Brown v. Ward, 246 N. Y. 400 , 159 N. E. 184 .

National Labor Relations Board v. Raymond Buick, Inc., and Amalgamated Local Union 355

445 F.2d 644 · Court of Appeals for the Second Circuit · Jun 24, 1971

The remedies imposed by the Board were all fully within its power. … See NLRB v. Revere Metal Art Co., 280 F.2d 96, 100-101 (2d Cir. 1960). We therefore1 enforce the Board’s order in its entirety. 1 . For example, employee Shea testified as follows: “Q.- Did you observe what Mr.

Bryan I. Levine v. Selective Service Local Board No. 18

458 F.2d 1281 · Court of Appeals for the Second Circuit · Apr 14, 1972

Oestereich v. Selective Service System Local Board No. 11, 393 U.S. 233, 238 , 89 S.Ct. 414, 416 , 21 L.Ed.2d 402 (1968); see Breen v. Selective Service Local Bd. … See Madera v. Board of Educ., 386 F.2d 778 (2d Cir. 1967), cert. denied, 390 U.S. 1028 , 88 S.Ct. 1416 , 20 L.Ed.2d 284 (1968)

F.E. Hazard, Ltd., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

917 F.2d 736 · Court of Appeals for the Second Circuit · Oct 26, 1990

The Board reduces an employee’s final backpay award by the amount of any losses “willfully incurred” by a “clearly unjustifiable refusal to take desirable new employment.” Phelps Dodge Corp. v. … In making this determination, the Board must inquire into whether an employee has made “ ‘an honest good faith effort’ ” to mitigate losses. Heinrich Motors, Inc. v.

Correa v. Thornburgh

901 F.2d 1166 · Court of Appeals for the Second Circuit · Apr 20, 1990

. § 1105a(b), seeking a review of a final order of the Board of Immigration Appeals (BIA) excluding the petitioner-appellant, Alba Nubia Correa, from admission into the United States. … Brown at the primary inspection station.

Michael Donovan, William Ford, James Kazel, and Judy Keogh, Cross-Appellees v. Federal Bureau of Investigation, Cross-Appellant

806 F.2d 55 · Court of Appeals for the Second Circuit · Nov 24, 1986

Brown v. FBI, 658 F.2d at 74; See Vaughn v. Rosen, 484 F.2d at 827 . In Vaughn v. … Brown v. FBI, 658 F.2d 71 , 74 (2d Cir.1981).

Davis v. Brown

Court of Appeals for the Second Circuit · Dec 20, 2017

16‐1837‐cv  Davis v. Brown, et al.    … Glinka v. Maytag Corp., 90 F.3d 72, 74 (2d Cir. 1996).   

Amalgamated Clothing Workers of America, Afl-Cio v. National Labor Relations Board, National Labor Relations Board v. Edro Corporation and Anasco Gloves, Inc.

345 F.2d 264 · Court of Appeals for the Second Circuit · May 11, 1965

345 F.2d 264 AMALGAMATED CLOTHING WORKERS OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. … NLRB v.

National Labor Relations Board v. Fermont, a Division of Dynamics Corporation of America

928 F.2d 609 · Court of Appeals for the Second Circuit · Mar 21, 1991

See 29 U.S.C. 160(e) (1988); NLRB v. Oakes Machine Co., 897 F.2d 84 , 89 (2d Cir.1990); see also Grandee Beer Distributors, Inc. v. … See Universal Camera Corp. v.