Case law

Fraticelli v. Gonzales

187 F. App'x 46 · Court of Appeals for the Second Circuit · Jun 19, 2006

SUMMARY ORDER Petitioner Maria Fraticelli petitions for review of three Board of Immigration Appeals (“BIA”) decisions: (1) a December 10, 2004 affirmance without opinion of Immigration Judge Teresa Holmes-Simmons’s denial … See Gittens v. Menifee, 428 F.3d 382, 383 (2d Cir.2005).

Raymond Smith v. County of Suffolk

776 F.3d 114 · Court of Appeals for the Second Circuit · Jan 14, 2015

Anemone v. Metro. Transp. Auth., 629 F.3d 97, 114 (2d Cir. 2011). The Supreme Court identified one such defense in Mount Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977). … Board of Education, 391 U.S. 563 (1968), which safeguards the government’s interest “as an employer, in promoting the efficiency of the public services it performs through its employees,” Piscottano v.

Williams v. Walsh

558 F.2d 667 · Court of Appeals for the Second Circuit · Jun 27, 1977

This is made clear by Swan v. Board of Higher Education, supra. … There is a definite distinction between suing a board, as an entity, and suing the individual members of that board. See, e. g., Gay Students Organization v.

Williams v. Salerno

792 F.2d 323 · Court of Appeals for the Second Circuit · Jun 10, 1986

Kaplan v. Board of Education, 759 F.2d 256 , 259 (2d Cir.1985). … See Palla v. Suffolk County Board of Elections, 31 N.Y.2d 36, 37, 47 , 286 N.E.2d 247, 251 , 341 N.Y.S.2d 860 , 866, (1972); see also Auerbach v. Rettaliata, 765 F.2d at 351 ; Ramey v.

Richard Samuels v. Air Transport Local 504

992 F.2d 12 · Court of Appeals for the Second Circuit · Apr 21, 1993

The union urged that a prior controlling “systems board” determination precluded the Field Board from ruling in Samuels’ favor. … Its proof of the “systems board” determination was the testimony of a union representative to the Field Board.

Estate of Salm v. National Labor Relations Board

509 F. App'x 94 · Court of Appeals for the Second Circuit · Jan 30, 2013

12-378-cv (L) Salm v. … While it is generally the case that the Board is entitled to summary enforcement of uncontested portions of its orders, see, e.g., NLRB v. Consol. Bus Transit, Inc., 577 F.3d 467, 474 n.2 (2d Cir. 2009); NLRB v.

Allen v. Antal

665 F. App'x 9 · Court of Appeals for the Second Circuit · Jan 14, 2016

See Brown v. … Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (quoting Moffitt v.

James S. Scott v. Iron Workers Local 118

928 F.2d 863 · Court of Appeals for the Second Circuit · Mar 20, 1991

SCOTT, Regional Director of the Thirty-Second Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellant, v. … See, e.g., Webster v.

Trachtman v. Anker

563 F.2d 512 · Court of Appeals for the Second Circuit · Aug 31, 1977

See Eisner v. Stamford Board of Education, supra, 440 F.2d 810 ; Butts v. Dallas Independent School District, 436 F.2d 728, 732 (5th Cir. 1971). … See Eisner v. Stamford Board of Education, supra, 440 F.2d at 810 ; note 3, supra. . For example, the Board of Education has promulgated “Guidelines for Implementation of Family Living/Sex Education Programs.”

David Gambardella v. G. Fox & Co.

716 F.2d 104 · Court of Appeals for the Second Circuit · Aug 9, 1983

See, e.g., Brown v. Marquette Savings & Loan Assoc., 686 F.2d 608, 614 (7th Cir.1982); Zamarippa v. Cy’s Car Sales, Inc., 674 F.2d 877 , 879 (11th Cir.1982); Dzadovsky v. … Although we recognize that the Board’s commentary to draft regulations published under TILSRA is relevant to interpretive issues under TILA, see Anderson Bros. Ford v.

Bryant v. Commissioner of Internal Revenue

76 F.2d 103 · Court of Appeals for the Second Circuit · Mar 18, 1935

Co. v. Com’r, 55 F.(2d) 893 , we considered how far the Board was bound by opinion evidence given by an interested witness, and decided that it was not bound at all. Very recently in Dayton P. & L. Co. v. … Cohan v. Com’r, 39 F.(2d) 540 (C. C. A. 2); Conrad & Co. v. Com’r, 50 F.(2d) 576 (C. C. A. 1); Sioux City Stockyards Co. v. Com’r, 59 F.(2d) 944 (C. C. A. 8); Davison v. Com’r, 60 F.(2d) 50 (C. C. A. 2).

Pascarelli v. Vibra Screw Inc.

904 F.2d 874 · Court of Appeals for the Second Circuit · Jun 7, 1990

Plaintiff/Intervenor, v. … Eisenberg v. Wellington Hall Nursing Home, 651 F.2d 902 , 906-07 (3d Cir.1981); Eisenberg v.

De Vapores, S.A. v. McLeod

300 F.2d 222 · Court of Appeals for the Second Circuit · Jan 12, 1962

National Mediation Board, 320 U.S. 297 , 64 S.Ct. 95 , 88 L.Ed. 61 (1943); U N A Chapter, Flight Engineers International Ass’n v. … Co. v. United States, 284 F.2d 61 (2 Cir. 1960); Mont-ship Lines, Ltd. v. Federal Maritime Board, 295 F.2d 147,153 (D.C.Cir. 1961), or even taking action with respect thereto, Thomsen v.

Morse v. United States

174 F. 539 · Court of Appeals for the Second Circuit · Oct 11, 1909

Brown could not have paid a note to exceed $5,000 *546 at the time in question. At the request of some one at the bank, Brown signed a promissory note for $135,420. … S. v. Harper (C. C.) 33 Fed. 471 ; U. S. v. Lee (C. C.) 12 Fed. 819 ; McKnight v. U. S., 115 Fed. 972 , 54 C. C. A. 358 ; Agnew v. U. S., 165 U. S. 36 , 17 Sup. Ct. 235, 41 L. Ed. 624 ; U. S. v. Youtsey (C.

Lee Lovallo v. Stanley R. Resor, Secretary of the Army

443 F.2d 1262 · Court of Appeals for the Second Circuit · May 24, 1971

Witmer v. United States, supra; United States v. James, 417 F.2d 826, 832 (4 Cir. 1969); Kessler v. United States, 406 F.2d 151, 156 (5 Cir. 1969). … Kessler v. United States, supra.

Danielson v. Local 275, Laborers International Union of North America

479 F.2d 1033 · Court of Appeals for the Second Circuit · May 31, 1973

McLeod v. Local 25, IBEW, 344 F.2d 634 (2d Cir. 1965). We reverse and remand for the entry of a preliminary injunction enjoining the unfair labor practices charged pending disposition of the charges before the Board. … McLeod v. General Elec. Co., 87 S.Ct. 5 , 17 L.Ed.2d 45 (1966). The case eventually became moot before the Supreme Court could decide the question. McLeod v. General Elec.

Michael Terrance Wallace v. Alberto Gonzales, Attorney General of the United States

463 F.3d 135 · Court of Appeals for the Second Circuit · Sep 8, 2006

Petitioner Michael Terrance Wallace seeks review of an April 15, 2005 order of the Board of Immigration Appeals (“BIA” or “Board”), In re Wallace, No. A 78 424 366 (B.I.A. … See, e.g., Bugayong v. INS, 442 F.3d 67, 71 (2d Cir.2006).

New York Belting & Packing Co. v. Sierer

158 F. 819 · Court of Appeals for the Second Circuit · Jan 7, 1908

Co. v. Murdock, 132 Fed. 810 , 65 C. C. … Brown v. District of Columbia, 130 U. S. 87, 99 , 9 Sup. Ct. 437, 32 L. Ed. 863 , was another wooden pavement case.

George Cutter Co. v. Metropolitan Electric Mfg. Co.

275 F. 158 · Court of Appeals for the Second Circuit · Jun 23, 1921

Steward v. Ameri *163 can Lava Co., 215 U. S. 161 , 30 Sup. Ct. 46, 54 L. Ed. 139 ; Mich. Central R. R. v. Consol. Co., 67 Fed. 121 , 14 C. C. A. 232 ; Kiefer Co. v. Unionwerke (D. C.) 218 Fed. 487 ; Ney Mfg. Co. v. … Valve Co. v. Safety Valve Co., 113 U. S. 157 , 5 Sup. Ct. 513, 28 L. Ed. 939 ; Paul Steam System Co. v. Paul (C. C.) 129 Fed. 757 ; Hall Signal Co. v. Genl. Ry. Signal Co., 153 Fed. 907 , 82 C. C.

74 Pinehurst LLC v. State of New York

59 F.4th 557 · Court of Appeals for the Second Circuit · Feb 6, 2023

Guidelines Board, CHRISTIAN GONZALEZ-RIVERA in his official capacity as a Member of the Rent Guidelines Board, CHRISTINA DEROSE in her official capacity as a Member of the Rent Guidelines Board, ROBERT EHRLICH in his official … capacity as a Member of the Rent Guidelines Board, CHRISTINA SMYTH in her official capacity as a Member of the Rent Guidelines Board, SHEILA GARCIA in her official capacity as a Member of the Rent Guidelines  Board