Case law

Francis v. Elmsford School District

263 F. App'x 175 · Court of Appeals for the Second Circuit · Feb 8, 2008

Terry v. Ashcroft, 336 F.3d 128, 137 (2d Cir.2003). Claims brought under the Age Discrimination in Employment Act (“ADEA”) are governed by the burden-shifting framework set forth in McDonnell Douglas Corp. v. … Kassner v. 2nd Ave. Delicatessen Inc., 496 F.3d 229, 238 (2d Cir.2007). The burden of establishing a prima facie case of employment discrimination is minimal. McPherson v.

Fed. Sec. L. Rep. P 95,656 Alan L. Spielman v. General Host Corporation, General Host Corporation

538 F.2d 39 · Court of Appeals for the Second Circuit · Jul 12, 1976

Piper Aircraft Corp., 480 F.2d 341 , 362-63 n. 14, 377 (2d Cir.), cert. denied, 414 U.S. 910 , 94 S.Ct. 231 , 38 L.Ed.2d 148 (1973); Mitchell v. … See Chris-Craft Industries, Inc. v. Piper Aircraft Corp., supra, 480 F.2d at 369 .

Guido Giordani v. Upholsterers International Union of North America, an Unincorporated Association

403 F.2d 85 · Court of Appeals for the Second Circuit · Oct 23, 1968

See Vestal v. International Brotherhood of Teamsters, etc., supra. Coleman v. … NLRB v. Industrial Union of Marine & Shipbuilding Workers of America, AFL-CIO, 391 U.S. 418 , 88 S.Ct. 1717 , 20 L.Ed.2d 706 (1968) ; Libutti v. Di Brizzi, 337 F.2d 216 (2d Cir. 1964); Detroy v.

United States v. Burnie McCall

489 F.2d 359 · Court of Appeals for the Second Circuit · Nov 27, 1973

See United States v. Cioffi, 487 F.2d 492, 496-98 (2 Cir. 1973); United States v. Pacelli, supra, 470 F.2d at 72 ; United States v. Barzie, 433 F.2d 984, 985 (2 Cir. 1970); Dryden v. … As we recently held in United States v.

Sabatini v. Commissioner of Internal Revenue

98 F.2d 753 · Court of Appeals for the Second Circuit · Aug 4, 1938

As the contract was made in England, the Board treated it as a sale of property there and held the income derived from the sale not taxable. See Compania General v. … Edmonds v. Commissioner, 9 Cir., 90 F.2d 14, 18 .

United States v. Russell R. George, AKA Rusty, and Pamela A. Johnson-Sherman, Francis R. Lajoice

975 F.2d 72 · Court of Appeals for the Second Circuit · Sep 17, 1992

Brown, 460 U.S. 730, 742-43 , 103 S.Ct. 1535, 1543 , 75 L.Ed.2d 502 (1983) (plurality); Warden v. … See Coolidge, 403 U.S. at 466 , 91 S.Ct. at 2038 ; Leon, 468 U.S. at 918 n. 19, 104 S.Ct. at 3418 n. 19; Brown, 460 U.S. at 748-49 , 103 S.Ct. at 1546-47 . See also, e.g., United States v.

United States v. Nelson

143 F.2d 584 · Court of Appeals for the Second Circuit · Jun 30, 1944

Relying upon a statement in West Virginia State Board of Education v. … But the case is governed by Falbo v.

Antunes v. Putnam Northern Westchester Board of Cooperative Educational Services

482 F. App'x 661 · Court of Appeals for the Second Circuit · Sep 20, 2012

11-2453-cv Antunes v. Putnam N. Westchester Bd. of Coop. Educ. Servs. … Kuebel v. Black & Decker Inc., 643 F.3d 352, 358 (2d Cir. 2011).

Wyly v. Weiss

697 F.3d 131 · Court of Appeals for the Second Circuit · Oct 10, 2012

In July 2003, CA’s defense counsel in the Government investigation, Wachtell, Lipton, Rosen & Katz (“WLRK”), informed the CA Board of Directors (the “CA Board” or the “Board”) that up to $200 million of revenue was prematurely … See Browning Debenture Holders’ Committee v.

Nigel S. Phillip, Bernard Schmidt, St. Patrick Reid, and Grant Gittens v. University of Rochester, Raymond Pipitone, and James Clukey

316 F.3d 291 · Court of Appeals for the Second Circuit · Jan 21, 2003

Youngblood v. Hy-Vee Food Stores, Inc., 266 F.3d 851, 855 (8th Cir.2001), cert. denied, 535 U.S. 1017 , 122 S.Ct. 1606 , 152 L.Ed.2d 621 (2002); Brown v. … Quoting Corfield v.

United States v. Feliz

5 F. App'x 87 · Court of Appeals for the Second Circuit · Mar 16, 2001

See United States v. Andrades, 169 F.3d 131, 133 (2d Cir.1999). … United States v. Maher, 108 F.3d 1513, 1520-21 (2d Cir.1997) (internal quotation marks and citation omitted).

Guitard v. U.S. Secretary of the Navy

967 F.2d 737 · Court of Appeals for the Second Circuit · Jun 10, 1992

After receiving the Corrections Board’s recommendations, the Secretary may direct “appropriate” corrective action, which includes reinstatement. See Knehans v. … Thus, Guitard should have sought redress before the Discharge Review Board. Nor do the threatened injuries to Guitard justify dispensing with the exhaustion requirement. In Sampson v.

United States v. Board of Education of the City of New York, and Council of Supervisors and Administrators, Local 1, Afsa, Afl-Cio, Intervenors-Appellants, and Community School Board, District 26, Intervenor-Appellant. United States of America v. Solomon Derewetsky

543 F.2d 1 · Court of Appeals for the Second Circuit · Sep 23, 1976

543 F.2d 1 UNITED STATES of America, Appellee, v. … Securities & Exchange Comm'n v. Medical Comm. for Human Rights, 404 U.S. 403, 406 , 92 S.Ct. 577 , 30 L.Ed.2d 560 (1972)

Douds v. Milk Drivers & Dairy Employees Union Local 584

248 F.2d 534 · Court of Appeals for the Second Circuit · Oct 2, 1957

This Court has described the district court’s function as one of determining whether the Board has come forward with evidence sufficient to spell out a likelihood of violation, saying in Douds v. … That task is, of course, for the labor relations board subject to review by this Court if and when enforcement is sought here.” See also Douds v.

Calash v. City of Bridgeport

788 F.2d 80 · Court of Appeals for the Second Circuit · Apr 14, 1986

The district court concluded that, based on the Board’s policy restricting use of the facility to civic, charitable and non-profit organizations, Kennedy Stadium was a nonpublic forum under Perry Education Association v. … See Schad v. Borough of Mount Ephraim, 452 U.S. 61, 65 , 101 S.Ct. 2176, 2180 , 68 L.Ed.2d 671 (1981) (live entertainment); Cinevision Corp. v.

Padmore v. Holder

609 F.3d 62 · Court of Appeals for the Second Circuit · Jun 15, 2010

09-0243-ag Padmore v. … Accardi v. Shaughnessy, 347 U.S. 260, 268 (1954); see also Vitarelli v.

United States v. Weiss

162 F.2d 447 · Court of Appeals for the Second Circuit · Jun 23, 1947

United States v. Wain, 2 Cir., 162 F.2d 60 . … United States v. Wain, supra. See, United States v. Crimmins, 2 Cir., 123 F.2d. 271 . Judgment affirmed.

Uncasville Mfg. Co. v. Commissioner of Internal Revenue

55 F.2d 893 · Court of Appeals for the Second Circuit · Feb 1, 1932

The Commissioner refused to allow it as a deduction for that year, and the Board confirmed his ruling. We think that the ease falls within U. S. v. Anderson, 269 U. S. 422 , 46 S. Ct. 131 , 70 L. Ed. 347 , not Lucas v. … Co. v. Burnet, 46 F.(2d) 604 , the Court of Appeals for the District of Columbia held that the Board was bound to accept the appraisal of the taxpayer’s president.

United States ex rel. Beye v. Downer

143 F.2d 125 · Court of Appeals for the Second Circuit · May 29, 1944

He was given a physical examination by the Board which classified him in Class I-A 1 and so notified him. *126 From this classification he took no appeal to the Appeal Board. … Brandon v. Downer, 2 Cir., 139 F.2d 761, 766 . But, as the effect of that operation does not appear of record, for all we know, were appellant now classified as I-A, a medical examination would show him to be unfit.

Charles Guida v. W. Raymond Nelson, Warden, Federal Correctional Institution, Danbury, Connecticut

603 F.2d 261 · Court of Appeals for the Second Circuit · Jun 20, 1979

Subsequently, the Parole Board lodged its still unexecuted violator warrant with federal prison officials as a detainer, to ensure that Guida would not be released from custody until the Parole Board could assess Guida’s … Sanders v. Arnold, 535 F.2d 848, 851 (3d Cir. 1976); Willis v. Ciccone, 506 F.2d 1011, 1015 (8th Cir. 1974).