Case law

United Cerebral Palsy of New York City, Inc. v. National Labor Relations Board

175 F. App'x 366 · Court of Appeals for the Second Circuit · Oct 14, 2005

See NLRB v. … Ithaca College v. NLRB, 623 F.2d 224 , 228 (2d Cir.1980) (“[T]he Board cannot, as it did here, choose to ignore the [Second Circuit’s] decision as if it had no force or effect.

National Labor Relations Board v. A & S Electronic Die Corp. And a & S Steel Rule Die Corp.

423 F.2d 218 · Court of Appeals for the Second Circuit · Mar 11, 1970

See NLRB v. Firedoor Corp. of America, 291 F.2d 328, 331 (2 Cir.), cert. denied, 368 U.S. 921 , 82 S.Ct. 242 , 7 L.Ed.2d 136 (1961); Bourne v. NLRB, 332 F.2d 47 (2 Cir. 1964); NLRB v. … This was sufficient to support the Board’s conclusion that the company was in violation of § 8(a) (1) and (2). NLRB v. Midtown Service Co., Inc., 425 F.2d 665 (2 Cir. Feb. 25, 1970).

The Board Of Trustees Of The Cwa/Itu Negotiated Pension Plan v. Melvin Weinstein

107 F.3d 139 · Court of Appeals for the Second Circuit · Feb 24, 1997

Plan Guide (CCH) P 23931W The BOARD OF TRUSTEES OF THE CWA/ITU NEGOTIATED PENSION PLAN and John Foss, as the Administrator of the CWA/ITU Negotiated Pension Plan, Plaintiffs-Counter-Defendants-Appellees, v. … The Fourth Circuit in Faircloth v.

National Labor Relations Board, and Lay Faculty Association, Local 1261, Intervenor v. Bishop Ford Central Catholic High School

623 F.2d 818 · Court of Appeals for the Second Circuit · Jun 17, 1980

On March 21, 1979, the Supreme Court in NLRB v. … Quoting Lemon v.

Kaynard ex rel. National Labor Relations Board v. Local 282, International Brotherhood of Teamsters of America

576 F.2d 471 · Court of Appeals for the Second Circuit · May 23, 1978

In NLRB v. … See Danielson v. Joint Board of Coat, Suit & Allied Garment Workers Union, 494 F.2d 1230, 1244 (2d Cir. 1974). .

Mary Rose v. The Long Island Railroad Pension Plan

828 F.2d 910 · Court of Appeals for the Second Circuit · Sep 3, 1987

See also Feinstein v. … See also Popkin v.

American Booksellers Foundation v. Dean

342 F.3d 96 · Court of Appeals for the Second Circuit · Aug 27, 2003

Brown & Williamson Tobacco Corp. v. Pataki, 320 F.3d 200, 208-09 (2d Cir.2003) (citations omitted); see also Pac. Northwest Venison Producers v. … As the Supreme Court held in Board of Trustees v. Fox, it is “generally [not] desirable [ ] to proceed to an overbreadth issue unnecessarily.” 492 U.S. 469, 484-85 , 109 S.Ct. 3028 , 106 L.Ed.2d 388 (1989).

Greene County Planning Board v. Federal Power Commission, Power Authority of the State of New York, Intervenor

528 F.2d 38 · Court of Appeals for the Second Circuit · Dec 22, 1975

Our own Greene County Planning Board v. FPC, 455 F.2d 412 (2d Cir.), cert. denied, 409 U.S. 849 , 93 S.Ct. 56 , 34 L.Ed.2d 90 (1972) (Greene County I), and Greene County Planning Board v. … See Greene County Planning Board v. FPC, 455 F.2d 412 (2d Cir.), cert denied, 409 U.S. 849 , 93 S.Ct. 56 , 34 L.Ed.2d 90 (1972); Greene County Planning Board v. FPC, 490 F.2d 256 (2d Cir. 1973). 2 .

Hudson River Fishermen's Ass'n v. Federal Power Commission

498 F.2d 827 · Court of Appeals for the Second Circuit · May 8, 1974

In the Matter of Consolidated Edison of New York, Inc., Atomic Safety and Licensing Board, September 14, 1973. … In the Matter of Consolidated Edison of New York, Inc., Atomic Safety and Licensing Board, September 10, 1973.

State Farm Mutual Automobile Insurance Co. v. John F. Xaphes, Administrator of the Estate of Clara Brown and Jocelyn H. Comtois Wesson

384 F.2d 640 · Court of Appeals for the Second Circuit · Oct 24, 1967

See, e. g., Johnson v. State Farm Mutual Automobile Ins. Co., 252 F.2d 158 (8 Cir. 1958); Great American Ins. Co. v. State *642 Farm Mutual Automobile Ins. … Co. v. Cocuzza, 91 N.J.Super. 60 , 219 A.2d 190 (1966).

National Labor Relations Board, and Leigh Benin, Faustino Vargas, and Laszlo Berkovits, Intervenors v. New York University Medical Center

702 F.2d 284 · Court of Appeals for the Second Circuit · Jan 21, 1983

The Board’s Spielberg doctrine received apparent sanction in Carey v. Westinghouse Elec. Corp., 375 U.S. 261, 270-72 (1964).i 6 . … The statutory language therefore makes the Board’s analogy to the Supreme Court’s decision in Mount Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977), unconvincing.

Espinoza v. Dimon

Court of Appeals for the Second Circuit · Jun 16, 2015

If the board refuses the  10 shareholder’s demand, the derivative suit may proceed only if the shareholder  11 shows that the board’s refusal was “wrongful.” Abramowitz v.  … Importantly, “[t]he ultimate  10 conclusion of the [board] . . . is not subject to judicial review.” Spiegel v. 

National Labor Relations Board v. Pease Oil Company and Its Officer and Managing Agent, James O. Porter

311 F.2d 87 · Court of Appeals for the Second Circuit · Dec 20, 1962

The Board’s petition for enforcement of its original order in this cause was granted by this court on May 26, 1960, 279 F.2d 135 . … His request that the inspection be continued until the end of May was denied by the Board.

State Of Connecticut Office Of Protection And Advocacy For Persons With Disabilities v. Hartford Board Of Education

464 F.3d 229 · Court of Appeals for the Second Circuit · Sep 15, 2006

Kelly Balser, Senior Staff Attorney, Connecticut Association of Boards of Education, Wethersfield, Connecticut, for Amicus Curiae Connecticut Association of Boards of Education. … Co. v.

National Labor Relations Board v. Radio & Television Broadcast Engineers Union, Local 1212, International Brotherhood of Electrical Workers, Afl-Cio

272 F.2d 713 · Court of Appeals for the Second Circuit · Dec 3, 1959

This issue has been resolved against the Board by the Third and Seventh Circuits. See N. L. R. B. v. … The Board’s suggestion, that the result here reached would “erect an almost insuperable obstacle” to the issuance of injunctive relief under § 10 (i) is adequately answered by Alpert v.

John E. Johnson and H/w Ann Marie Johnson v. The Celotex Corporation, Owens-Illinois, Inc.

899 F.2d 1281 · Court of Appeals for the Second Circuit · Mar 20, 1990

boxes containing this material both bearing the name “Owens-Illinois,” as being in use during that time period on board the Iowa. … They cite Browning-Ferris Indus. v.

National Labor Relations Board v. Windham Community Memorial Hospital and Hatch Hospital Corporation

577 F.2d 805 · Court of Appeals for the Second Circuit · May 12, 1978

P 10,602 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WINDHAM COMMUNITY MEMORIAL HOSPITAL and Hatch Hospital Corporation, Respondent. No. 658, Docket 77-4187. United States Court of Appeals, Second Circuit. … HAYS, Circuit Judge: 1 Petitioner, the National Labor Relations Board (the NLRB or the Board) seeks enforcement of an order, 230 N.L.R.B.

Lopez v. Commissioner of Social Security

622 F. App'x 59 · Court of Appeals for the Second Circuit · Dec 3, 2016

Brown’s diagnosis of Lopez as “totally]” disabled, because Dr. Brown’s underlying medical findings were “unchanged” from recent examinations in which Dr. Brown had deemed Lopez not disabled. 1 AR18, 333. … Brown’s opinion on these grounds, the ALJ should have afforded Lopez “an opportunity to obtain a more detailed statement” from Dr. Brown. Echevarria, 685 F.2d at 756 (quoting Hankerson v.

Williams v. Ward

556 F.2d 1143 · Court of Appeals for the Second Circuit · May 26, 1977

A petition which seeks release because of a constitutional defect in the conviction clearly falls within the former category, e. g., Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 (1953); Leyra v. … Johnson v. Chairman, New York State Board of Parole, supra, 500 F.2d at 934 , quoting Beckworth v. New Jersey State Board of Parole, 62 N.J. 348 , 301 A.2d 727, 733 (1973).

Syracuse Engineering Co. v. Haight

97 F.2d 573 · Court of Appeals for the Second Circuit · Jun 13, 1938

Like Exhibit I these declarations were hearsay; and, however relevant, the answer itself might be as an act of Brown, its contents was not competent against Haight. Central State Bank v. Harrington, 6 Cir., 4 F.2d 514 . … Co. v.