Case law

Independent Insurance Agents of America, Inc. v. Board of Governors of the Federal Reserve System

838 F.2d 627 · Court of Appeals for the Second Circuit · Jan 25, 1988

Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843 , 104 S.Ct. 2778, 2782 , 81 L.Ed.2d 694 (1984) (footnote omitted). … It should be unnecessary to remind the Board that the courts must not substitute their own judgment for that of the agency on matters of agency discretion. See SEC v.

The Long Island Radio Company, D/B/A All Shores Radio Company v. National Labor Relations Board

841 F.2d 474 · Court of Appeals for the Second Circuit · Mar 8, 1988

See, e.g., Sonicraft, Inc. v. NLRB, 814 F.2d 385, 386 (7th Cir.1987) (Board lacked power under 5 U.S.C. § 504 (a)(2) to add three days to 30-day period to allow for mailing); Clifton v. … See also Heckler v.

Beaudiere v. Mukasey

271 F. App'x 44 · Court of Appeals for the Second Circuit · Mar 26, 2008

See Kaur v. BIA, 413 F.3d 232, 233 (2d Cir.2005). … See Iavorski v.

National Labor Relations Board v. Thalbo Corporation and G.B. Motel Management, D/B/A Ramada Inn Newburgh

171 F.3d 102 · Court of Appeals for the Second Circuit · Mar 16, 1999

See, e.g., Brown v. Felsen, 442 U.S. 127 , 139 n. 10, 99 S.Ct. 2205 , 60 L.Ed.2d 767 (1979); Balderman v. United States Veterans Administration, 870 F.2d 57, 62 (2d Cir.1989). … The Board has broad discretion in fashioning remedies to achieve Congress’s purposes, see, e.g., Sure-Tan, Inc. v. NLRB, 467 U.S. 883, 898-99 , 104 S.Ct. 2803 , 81 L.Ed.2d 732 (1984); NLRB v.

Charette v. Town Of Oyster Bay

159 F.3d 749 · Court of Appeals for the Second Circuit · Oct 29, 1998

The latter section requires the Town Board (or "Board"), which is the Town's governing body, to appoint a Board of Appeals to investigate and report on matters referred to it by the Town Board. … Bery v.

The Forschner Group, Inc. And Swiss Army Brands, Ltd. v. Arrow Trading Co. Inc.

30 F.3d 348 · Court of Appeals for the Second Circuit · Jul 22, 1994

See Hamilton-Brown Shoe Co. v. Wolf Bros. & Co., 240 U.S. 251, 256 , 36 S.Ct. 269, 270 , 60 L.Ed. 629 (1916) (AMERICAN GIRL not a geographic term); Spice Islands Co. v. … The SWA challenged the Board’s administrative decision in the district court, which upheld the Board’s decision because the SWA presented no evidence that BLACK WATCH products would create a likelihood of public confusion

Bozzuto's Inc. v. Nat'l Labor Relations Bd.

927 F.3d 672 · Court of Appeals for the Second Circuit · Jun 24, 2019

NLRB v. … We "will uphold the Board's legal determinations 'if not arbitrary and 3 capricious.'" NLRB v.

United States v. Mang Sun Wong, Chi Hong Lam and Hang Fang Ko, Mang Sun Wong

884 F.2d 1537 · Court of Appeals for the Second Circuit · Sep 5, 1989

Nersesian, 824 F.2d at 1308 (citing Brown, 776 F.2d at 401 ). … See United States v. Ianniello, 808 F.2d 184, 190 (2d Cir.1986), cert. denied, 483 U.S. 1006 , 107 S.Ct. 3230 , 97 L.Ed.2d 736 (1987); Board of Educ. of City School Dist. v. Hufstedler, 641 F.2d 68, 70 (2d Cir.1981).

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.

Sprint Spectrum v. Willoth

176 F.3d 630 · Court of Appeals for the Second Circuit · May 24, 1999

Wilson, II, Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester, NY, (Richard A. Palumbo, Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester, NY, on the brief), for Defendants-Appellees. … Reno v.

Dennison v. Payne

293 F. 333 · Court of Appeals for the Second Circuit · Jun 20, 1923

Brown v. Fletcher’s Estate, 210 U. S. 82 , 28 Sup. Ct. 702, 52 L. Ed. 966 . In the proceeding before the Workmen’s Compensation Bureau-the suit was brought in the name of “Rose E. Dennison, Claimant.”' … Dennison would be alone entitled under the act to whatever damages might be recovered; and it is admitted that she alone was entitled to the award of the Pennsylvania state board. In American Railroad Co. v.

Leatherstocking 1983 Partnership v. Commissioner

296 F. App'x 171 · Court of Appeals for the Second Circuit · Oct 20, 2008

In Transpac Drilling Venture 1982-12 v. … Because we hold that the existing record demonstrates the existence of a disabling conflict of interest, Brown’s request for further discovery is moot.

National Labor Relations Board v. Knitgoods Workers Union Local 155, International Ladies Garment Workers, Afl-Cio

403 F.2d 388 · Court of Appeals for the Second Circuit · Nov 14, 1968

The Board's determination of the Union's objective is a question of fact, N.L.R.B. v. Local 182, supra, 314 F.2d at 58 , which must be affirmed if supported by substantial evidence. NLRB v. … Although this is not a case under § 8(b) (7) (C) of the Act where the Board must determine the effect of the picketing, NLRB v.

National Labor Relations Board v. Local One-L, Amalgamated Lithographers of America

344 F. App'x 663 · Court of Appeals for the Second Circuit · Sep 1, 2009

We will enforce a Board order “where [the Board’s] legal conclusions are reasonably based, and its factual findings are supported by substantial evidence on the record as a whole.” NLRB v. … Ry. and Motor Coach Employees of Am. v.

National Labor Relations Board v. Revere Metal Art Co., Inc., and Amalgamated Union Local 5, Uaw, Independent

280 F.2d 96 · Court of Appeals for the Second Circuit · Jun 16, 1960

authorized by a majority, although we see the force of the Board’s argument and the Fifth Circuit regards the proposition as “well settled,” Dixie Bedding Manufacturing Co. v. … B. v.

National Labor Relations Board v. Local One-L, Amalgamated Lithographers of America

344 F. App'x 663 · Court of Appeals for the Second Circuit · Sep 1, 2009

We will enforce a Board order “where [the Board’s] legal conclusions are reasonably based, and its factual findings are supported by substantial evidence on the record as a whole.” NLRB v. … Ry. and Motor Coach Employees of Am. v.

Roxbury Taxpayers Alliance, Susan E. Moore, Edward V.S. Moore, and Elsa MacDonald v. Delaware County Board of Supervisors

80 F.3d 42 · Court of Appeals for the Second Circuit · Mar 21, 1996

Considerations such as a desire to preserve local political subdivisions, particularly when applied “in a manner free from any taint of arbitrariness or discrimination,” Brown v. … .”); Roman v.

Palmieri v. Town of Babylon

277 F. App'x 72 · Court of Appeals for the Second Circuit · May 7, 2008

, Brown, Bellone, McVeety, Horsley, Varley, Heinz, Leary, Bizzaro, Casserly, Newman, Alberti, and Cohen. … C.P.L.R. 308, and whether service on the Town Board of Babylon took place at all.

National Labor Relations Board v. Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America

428 F.2d 994 · Court of Appeals for the Second Circuit · May 18, 1970

See Brown Transport Corp. v. NLRB, 334 F.2d 30, 39 (5 Cir. 1964). … The Board argues that it is possible for picketing to be illegal despite the presence of a purpose which is, in and of itself, legitimate, NLRB v.

Carlos v. Santos

123 F.3d 61 · Court of Appeals for the Second Circuit · Aug 15, 1997

Spallone v. … Board of Educ., 105 A.D.2d 825, 825 , 482 N.Y.S.2d 27, 28 (2d Dep't 1984) (citing Solnick v. Whalen, 49 N.Y.2d 224, 231-32 , 401 N.E.2d 190, 194-95 , 425 N.Y.S.2d 68, 72-73 (1980)).