Case law

McKinney v. City of Middletown

712 F. App'x 97 · Court of Appeals for the Second Circuit · Feb 27, 2018

Even where “most of the facts concerning the application of force are undisputed,” Brown v. … See Brown, 798 F.3d at 103 (leaving “the factual determination of excessiveness to a jury”); Breen v. Garrison, 169 F.3d 152, 153 (2d Cir. 1999) (same).

Csx Transportation, Inc. v. United Transportation Union

950 F.2d 872 · Court of Appeals for the Second Circuit · Dec 16, 1991

[a board’s] award is within the submission.” Johnston Boiler Co. v. Local Lodge No. 893, 753 F.2d 40 , 43 (6th Cir.1985). … Since minor disputes are within the exclusive jurisdiction of arbitration boards, id. 491 U.S. at 304 , 109 S.Ct. at 2481; APFA v.

Debra Ward v. Cross Sound Ferry

273 F.3d 520 · Court of Appeals for the Second Circuit · Dec 10, 2001

had ticket “for a period of time”); Murray v. … In those cases, the plaintiff had either discarded or lost the ticket, or had not retained all pages of the ticket after boarding. For example, in Kendall v. Am. Haw.

Giglio v. Dunn

732 F.2d 1133 · Court of Appeals for the Second Circuit · Apr 20, 1984

See Zarada v. Board of Educ., 42 Misc.2d 509, 510 , 248 N.Y.S.2d 619 (1963). … See Mitchell v. Board of Educ., 40 N.Y.2d 904, 905 , 389 N.Y.S.2d 354 , 357 N.E.2d 1008 (1976); Beers v. Nyquist, 72 Misc.2d 210, 212 , 338 N.Y.S.2d 745 (1972). The judgment of the district court is affirmed. .

Haviv Schieber v. Immigration and Naturalization Service, United States Department of Justice

461 F.2d 1078 · Court of Appeals for the Second Circuit · Apr 25, 1972

A petition to review the Board’s previous orders denying substantially the same relief was summarily dismissed by this Court from the bench on November 1, 1971. Schieber v. I. N. S., Docket No. 71-1962 (Unreported.) … Absent a showing of abuse of discretion, we will not disturb the Board’s exercise of discretion in refusing to reopen a deportation proceeding. LaFranca v. I. N. S., 413 F.2d 686, 690 (2 Cir. 1969); Maturo v. I. N.

United States v. Charles Francis Denarvaez

407 F.2d 185 · Court of Appeals for the Second Circuit · Jan 28, 1969

Hagner v. United States, 285 U.S. 427, 430 , 52 S.Ct. 417 , 76 L.Ed. 861 (1932); United States v. Davis, 390 F.2d 879 (2d Cir. 1968). … to the Board.

Vasquez v. Van Lindt

724 F.2d 321 · Court of Appeals for the Second Circuit · Dec 20, 1983

V 1981). … Ornstein v. Regan, 574 F.2d 115, 118 (2d Cir.1978); Newman v. Board of Education of New York, 508 F.2d 277, 278 (2d Cir.)

Heagney v. Brooklyn Eastern Dist. Terminal

190 F.2d 976 · Court of Appeals for the Second Circuit · Jul 30, 1951

Discussing the prior cases, he points out that in Brassel v. … Morse Dry Dock & Repair Co., 255 App.Div. 896 , 7 N.Y.S.2d 456 ; Haglund v. Morse Dry Dock & Repair Co., 255 App.Div. 895 , 7 N.Y.S.2d 465 ; Agne v.

Ernest Francis v. Immigration and Naturalization Service

532 F.2d 268 · Court of Appeals for the Second Circuit · Mar 9, 1976

Stanton v. Stanton, 421 U.S. 7, 14 , 95 S.Ct. 1373, 1377 , 43 L.Ed.2d 688, 694 (1975); Royster Guano Co. v. … Oliver v. INS, 517 F.2d 426, 428 (2d Cir. 1975); Bronsztejn v.

Donald J. McCann v. United States Civil Service Commission and United States Federal Aviation Agency as Successor to Airways Modernization Board

292 F.2d 267 · Court of Appeals for the Second Circuit · Jul 18, 1961

McCANN, Plaintiff-Appellant, v. UNITED STATES CIVIL SERVICE COMMISSION and United States Federal Aviation Agency as successor to Airways Modernization Board, Defendants-Appellees. No. 424, Docket 26902. … Plaintiff shows us no statute or contract requiring the defendants to transfer him to the Airways Modernization Board along with the project on which he was working.

Distiso v. Town of Wolcott

352 F. App'x 478 · Court of Appeals for the Second Circuit · Nov 5, 2009

Young v. … The court likewise did not consider this Court’s decision in Gant v. Wallingford Board of Education, 195 F.3d 134 (2d Cir.1999).

United States Ex Rel. Minuto v. Reimer

83 F.2d 166 · Court of Appeals for the Second Circuit · Apr 13, 1936

Chin Cheung Nai v. Corsi (D.C.) 55 F.(2d) 360 , affirmed 64 F.(2d) 1022 (C.C.A.2); Louie Lung Gooey v. Nagle, 49 F.(2d) 1016 (C.C.A.9); Horn Moon Ong v. Nagle, 32 F.(2d) 470 (C.C.A. 9). … See, also, Dong Ying Fun v. Nagle, 5 F.(2d) 310 (C.C.A.9), to the same effect. We think the practice of the Department in designating the secretary to act as a member of the board was warranted by the statute.

10 Fair empl.prac.cas. 1481, 10 Empl. Prac. Dec. P 10,401 Firebird Society v. Members of Board of Fire Commissioners, City of New Haven

515 F.2d 504 · Court of Appeals for the Second Circuit · Apr 15, 1975

P 10,401 Firebird Society v. Members of Board of Fire Commissioners, City of New Haven 75-7115 UNITED STATES COURT OF APPEALS Second Circuit 4/15/75 D.Conn., 66 F.R.D. 457 AFFIRMED

United States Securities and Exchange Commission v. Alpine Securities

982 F.3d 68 · Court of Appeals for the Second Circuit · Dec 4, 2020

Brown & Williamson Tobacco Corp. 43 and Nutritional Health All. v. Food & Drug Admin, 44 are unavailing. … V.

Cine 42nd Street Theater Corp. v. Nederlander Organization, Inc.

790 F.2d 1032 · Court of Appeals for the Second Circuit · May 14, 1986

Case Law From Parker v. Brown Discussion of the state action defense must begin with Parker v. Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 . … The Court stated that its decisions established two criteria for antitrust immunity under Parker v. Brown.

United States v. Irwin Ira Messinger

413 F.2d 927 · Court of Appeals for the Second Circuit · Jul 23, 1969

In Gonzales v. … ’s decision. 5 V.

Vezzetti v. Pellegrini

22 F.3d 483 · Court of Appeals for the Second Circuit · Apr 20, 1994

Hawkins v. Steingut, 829 F.2d 317, 320 (2d Cir.1987); see also Jimenez Fuentes v. … Savage v.

Valley Disposal, Inc. v. Central Vermont Solid Waste Management District

71 F.3d 1053 · Court of Appeals for the Second Circuit · Dec 8, 1995

In Brown v. … Our decision in Brown v. General Motors Corp., 722 F.2d 1009, 1012 (2d Cir.1983), does not require that negotiated fee waivers appear expressly within a settlement agreement.

United States of America Ex Rel. Jerry Mason v. Robert E. Murphy, as Warden of Auburn State Prison, Auburn, New York

351 F.2d 610 · Court of Appeals for the Second Circuit · Oct 14, 1965

The other detective observed Mason a block from the building with an envelope-sized brown paper in his hand. Shortly thereafter, the detectives arrested him. … Bagley v. LaVallee, 332 F.2d 890 (2d Cir. 1964), and United States ex rel. Martin v. McMann, 348 F.2d 896 (2d Cir. 1965).

Yone Suzuki v. Central Argentine Ry., Ltd.

27 F.2d 795 · Court of Appeals for the Second Circuit · Aug 20, 1928

In Serraino v. Campbell, [1891] 1 Q. B. 283, Gray v. … Palgrave Brown & Son v. S. S. Turid, [1922] 1 A. C. 397.