Case law

Unity Party v. Wallace

707 F.2d 59 · Court of Appeals for the Second Circuit · May 10, 1983

See Anderson v. Celebrezze, --- U.S. ----, 103 S.Ct. 1564 , 75 L.Ed.2d ---- (1983); Storer v. Brown, 415 U.S. 724, 738 , 94 S.Ct. 1274, 1283 , 39 L.Ed.2d 714 (1974); Williams v. … See, e.g., Clements v. Fashing, --- U.S. ----, ----, 102 S.Ct. 2836, 2843 , 73 L.Ed.2d 508 (1982); Illinois Elections Board v.

American Federation of Government Employees, Local 1760 v. Federal Labor Relations Authority

786 F.2d 554 · Court of Appeals for the Second Circuit · Mar 24, 1986

Brown v. Federal Bureau of Investigation, 658 F.2d 71, 75 (2d Cir.1981). The District of Columbia Circuit reached a similar conclusion in Getman v. … Accordingly, Washington Post is inapposite and we reaffirm our holding in Brown .

Pietrunti v. Director, Office of Workers' Compensation Programs

119 F.3d 1035 · Court of Appeals for the Second Circuit · Jul 21, 1997

Ruggiano, a board certified psychiatrist, as a referral from Dr. Scarlatos, one of Pietrunti’s orthopedists. Dr. … Browning’s report. This finding established Pietrunti’s prima facie entitlement to total disability benefits under the standard set forth in Palombo v.

Laura KELBER, Plaintiff-Appellant, v. JOINT INDUSTRY BOARD OF the ELECTRICAL INDUSTRY, Defendant-Appellee

27 F.3d 42 · Court of Appeals for the Second Circuit · Jun 17, 1994

See BAII Banking Corp. v. UPG, Inc., 985 F.2d 685, 696 (2d Cir.1993); Plagianos v. American Airlines, Inc., 912 F.2d 57, 59 (2d Cir.1990) (per curiam). … See Plagianos v. American Airlines, Inc., 912 F.2d at 59 .

Board of Education, Yonkers City School District v. Cna Insurance Company and Continental Casualty Co.

839 F.2d 14 · Court of Appeals for the Second Circuit · Jan 29, 1988

Yonkers Board of Education, 624 F.Supp. 1276, 1289 (S.D.N.Y.1985), and subsequently imposed a wide range of remedial sanctions, U.S. v. Yonkers Board of Education, 635 F.Supp. 1538 (S.D.N.Y.1986). … S. v. Yonkers Board of Education, 837 F.2d 1181 , 1184, (2d Cir.1987). The instant dispute derives from the Board’s attempt to gain reimbursement under the policy for defense costs incurred in those proceedings.

Tesser v. Board Of Education Of The City School District Of The City Of New York

370 F.3d 314 · Court of Appeals for the Second Circuit · May 27, 2004

During the child-care-leave year, Tesser continued to work for the Plainview school district, in violation of the Board's leave policy. As a result, the Board ordered Tesser to return to work for the Board. … Malek v. Fed. Ins. Co., 994 F.2d 49, 55 (2d Cir.1993). 29 In Kotteakos v.

G.M., by and Through His Guardian and Next Friend, R.F. v. New Britain Board of Education

173 F.3d 77 · Court of Appeals for the Second Circuit · Apr 12, 1999

Wheeler v. Towanda Area Sch. … As we recently reaffirmed in Quaratino v.

Truck Drivers Local Union No. 807 v. National Labor Relations Board

755 F.2d 5 · Court of Appeals for the Second Circuit · Feb 5, 1985

See Lebanon Steel Foundry v. Labor Board, 76 U.S.App.D.C. 100, 103 , 130 F.2d 404, 407 [ (1942) ]. … [i]n this case ... the Board's decision satisfied neither criterion." As in American Shipbuilding Co. v.

Uniformed Fire Officers Association v. DeBlasio

973 F.3d 41 · Court of Appeals for the Second Circuit · Aug 27, 2020

NML Capital, Ltd. v. … National Board of Elections, 467 F.3d 141 (2d Cir. 2006) (same); Gonzales v. National Board of Medical Examiners, 225 F.3d 620 (6th Cir. 2000) (same); Mil-Mar Shoe Co. v.

Pepsi-Cola Buffalo Bottling Company and Squirt-Vernors of Buffalo, Inc. v. National Labor Relations Board

409 F.2d 676 · Court of Appeals for the Second Circuit · Mar 25, 1969

The very fact that the Board has great discretion in making judgments, cf. Garner v. … Porter v. Roach, 69 F.Supp. 56 (D.Ore.1946). 6 .

Buffalo Teachers Federation, Inc. v. Helsby

676 F.2d 28 · Court of Appeals for the Second Circuit · Apr 1, 1982

Helsby, and two members, Joseph Crowley and Ida Klaus, of New York’s Public Employment Relations Board (PERB). … Vance v. Bradley, 440 U.S. 93, 97 , 99 S.Ct. 939, 942 , 59 L.Ed.2d 171 (1979) (quoting Massachusetts Board of Retirement v.

Pierce Consulting Engineering Co. And Henry Friedman, Assignee v. City of Burlington, Vt., and Third-Party Century Indemnity Co., Third-Party

221 F.2d 607 · Court of Appeals for the Second Circuit · Apr 29, 1955

Southern Pacific Co., 283 U.S. 91 , 51 S.Ct. 383 , 75 L.Ed. 857 ; Diederich v. American News Co., 10 Cir., 128 F:2d 144; Ettelson v. Metropolitan Life Ins. Co., 3 Cir., 137 F.2d 62 ; Gorham v. … It is not enough, as shown by the quotation from the Vermont case of Green Mountain Mushroom Co. v. Brown, 117 Vt. 509 , 95 A.2d 679, 688 .

Flaxer v. Gifford

666 F. App'x 66 · Court of Appeals for the Second Circuit · Dec 9, 2016

Official Comm. of Unsecured Creditors of Color Tile, Inc. v. … The Trustee, in his reply brief, cites Brown v. Poritzky, 30 N.Y.2d 289 , 332 N.Y.S.2d 872 , 283 N.E.2d 751 (1972), overruled on other grounds, Lusenskas v.

BOARD OF ELECTRIC LIGHT COMMISSIONERS OF CITY OF BURLINGTON v. McCARREN

725 F.2d 176 · Court of Appeals for the Second Circuit · Dec 30, 1983

725 F.2d 176 The BOARD OF ELECTRIC LIGHT COMMISSIONERS OF the CITY OF BURLINGTON, the City of Burlington Electric Light Department and the City of Burlington, Plaintiffs- Appellees, v. V. … The City of Winooski, which sought the assistance of the Board and whose rights, if any, derive from those of the Board, also is bound by the prior determination. See City of Tacoma v.

United States v. Gregory v. Brown

108 F.3d 1370 · Court of Appeals for the Second Circuit · Mar 18, 1997

UNITED STATES of America, Appellee, v. Gregory V. BROWN, Defendant-Appellant. No. 96-1590. United States Court of Appeals, Second Circuit. March 18, 1997. 1 APPEARING FOR APPELLANT: Gregory V. … United States v. Ferraro, 992 F.2d 10, 11 (2d Cir.1993) (per curiam ) ("the requirement of a timely notice of appeal in rule 4(b) is jurisdictional"). The court, thus, is precluded from hearing Brown's appeal.

Kbi Security Service, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

91 F.3d 291 · Court of Appeals for the Second Circuit · Jul 1, 1996

Other circuits have upheld Board decisions deeming allegations admitted. See, e.g., NLRB v. … NLRB v. Future Ambulette, Inc., 903 F.2d 140, 144 (2d Cir.1990). Where the Board’s order is insufficiently “tailored to the unfair labor practice it is intended to redress,” Sure-Tan, Inc. v.

Schwartz v. Strauss

206 F.2d 767 · Court of Appeals for the Second Circuit · Jul 16, 1953

206 F.2d 767 Bernard SCHWARTZ, Plaintiff-Appellant, v. … Service System and "John Smither," "Frank Jones," "Henry Brown" and "James Koe," names fictitious, being unknown to plaintiff, Individually and jointly as members of the Board of Appeals, Selective Service System, and the

Stern v. Shalala

14 F.3d 148 · Court of Appeals for the Second Circuit · Jan 11, 1994

In the proceedings that followed, the HHS Departmental Appeals Board, Civil Remedies Division (Charles E. … Bowler, 585 F.2d 851, 854 (7th Cir.1978) (citing United States v. Brown, 500 F.2d 375 (4th Cir.1974)), and oral agreements can amplify ambiguous terms, see Arnett, 804 F.2d at 1202 .

Citizens Accord, Inc. v. The Town Of Rochester

235 F.3d 126 · Court of Appeals for the Second Circuit · Dec 18, 2000

Board Member; CARL EDWARDS individually and in his capacity as Town Board Member; RICHARD GRAY individually and in his capacity as Town Board Member; LEON SMITH individually and in his capacity as Town Board Member; JAMIE … Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 8 (1980) (quoting Sears, Roebuck & Co v. Mackey, 351 U.S. 427, 438 (1956)).

McFerran v. Board of Education for Enlarged City School District of Troy, New York

562 F.2d 38 · Court of Appeals for the Second Circuit · Jun 2, 1977

562 F.2d 38 McFerran v. Board of Education for Enlarged City School District of Troy, New York No. 76-7181 United States Court of Appeals, Second Circuit 6/2/77 1 N.D.N.Y. AFFIRMED