Case law

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  • Welch Ex Rel. SAIC v. Havenstein

    553 F. App'x 54 · Court of Appeals for the Second Circuit · Jan 30, 2014

    13-2648-cv Welch v. … Shareholder derivative suits may also be brought “where the subject of the derivative suit is not a decision of the board.” Rales v. Blasband, 634 A.2d 927, 934 (Del. 1993).

    Cited 12 timesUnpublished
  • United States v. Pinto-Mejia

    720 F.2d 248 · Court of Appeals for the Second Circuit · Oct 14, 1983

    V 1981). … E.g., United States v. Doyle, 348 F.2d 715, 718-19 (2d Cir.) (quoting United States v.

    Modified on other grounds by United States v. Pinto-Mejia, 728 F.2d 142 (1984)Cited 56 timesPublished
  • Truck Drivers Local Union No. 807 v. Regional Import & Export Trucking Co.

    944 F.2d 1037 · Court of Appeals for the Second Circuit · Sep 24, 1991

    For instance, in Vaca v. … In Hines v.

    Cited 9 timesPublished
  • New York Bus Tours, Inc. v. Kheel

    864 F.2d 9 · Court of Appeals for the Second Circuit · Dec 21, 1988

    Parochial Bus Systems, Inc. v. … See Olympia & York Florida Equity Corp. v. Gould, 776 F.2d 42 (2d Cir.1985); Americas Ins. Co. v.

    Cited 8 timesPublished
  • Boleslavs Maikovskis v. Immigration & Naturalization Service

    773 F.2d 435 · Court of Appeals for the Second Circuit · Sep 17, 1985

    Fedorenko v. … The Validity of the Board’s Finding In reviewing a BIA order of deportation, courts are required to give substantial deference to the Board’s' findings of fact. Wong Wing Hang v. INS, 360 F.2d 715, 717 (2d Cir.1966).

    Cited 27 timesPublished
  • Cellular Telephone Company, Doing Business as at & T Wireless Services v. The Town of Oyster Bay and the Town Board of the Town of Oyster Bay

    166 F.3d 490 · Court of Appeals for the Second Circuit · Jan 29, 1999

    This standard of review is deferential, and we may neither engage in our own fact-finding nor supplant the Town Board’s reasonable determinations. PrimeCo Personal Communications, L.P. v. … See Sprint Spectrum L.P. v.

    Cited 227 timesPublished
  • United States v. Howard R. Delfin

    419 F.2d 226 · Court of Appeals for the Second Circuit · Oct 10, 1969

    In Gearey v. … See Estep v. United States, 327 U.S. 114, 122 , 66 S.Ct. 423 , 90 L.Ed. 567 (1946).

    Cited 8 timesPublished
  • Olson v. United States

    68 F.2d 8 · Court of Appeals for the Second Circuit · Dec 18, 1933

    Maul v. United States, 274 U. S. 501 , 47 S. Ct. 735 , 71 L. Ed. 1171 ; Wood v. United States, 16 Pet. (41 U. S.) 342, 10 L. Ed. 987 ; Awalt v. United States, 47 F.(2d) 477 (C. C. A. 3); Alksne v. … on board.

    Cited 12 timesPublished
  • Csx Transportation, Inc. v. United Transportation Union

    879 F.2d 990 · Court of Appeals for the Second Circuit · Jun 7, 1989

    R.R. v. … Ry. v.

    Cited 36 timesPublished
  • Kurtz v. Belle Hat Lining Co.

    280 F. 277 · Court of Appeals for the Second Circuit · Apr 10, 1922

    Despite the warning of Justice Brown in McClain v. Ortmayer, 141 U. S. 419, 427 , 12 Sup. Ct. 76, 35 L. … Miehle, etc., Co. v. Whitlock, 223 Fed. 647, 650 , 139 C. C. A. 201 . Hindsight, or wisdom after the fact, has always been looked upon with disfavor; e. g., Faries Co. v. Brown, 121 Fed. 547, 550 , 57 C. C.

    Cited 103 timesPublished
  • 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.

    Cited 53 timesPublished
  • Weinstein v. Black Diamond S. S. Corp.

    40 F.2d 590 · Court of Appeals for the Second Circuit · Apr 7, 1930

    Shipping Board Emergency Fleet Corporation, 280 U. S. 320 , 50 S. Ct. 118 , 74 L. … Cm v. Garfield (C. C.

    Cited 6 timesPublished
  • Porr v. Daman

    299 F. App'x 84 · Court of Appeals for the Second Circuit · Nov 7, 2008

    Porr alleges that the school’s principal, its superintendent, and others at the Board of Education engaged in a pattern of retaliatory harassment against him after he spoke out about certain grievances, generally about a … Porr also brought claims under Monell v. Dep’t of Soc.

    Cited 5 timesPublished
  • Minzer v. Keegan

    218 F.3d 144 · Court of Appeals for the Second Circuit · Jul 10, 2000

    Case Co. v. … See TSC Indus., Inc. v.

    Cited 17 timesPublished
  • United States v. J. Michael Robilotto, Louis D. Spagnola and Anthony v. Civitello, Defendants

    828 F.2d 940 · Court of Appeals for the Second Circuit · Sep 11, 1987

    Brown met with Civitello to negotiate an agreement with Local 294 to use local teamster drivers on the film. Brown and Civitello reached agreement as to wages and fringe benefits. … Brown agreed to hire four cover drivers. Filming began in January 1981.

    Cited 59 timesPublished
  • 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.

    Cited 56 timesPublished
  • Galloway v. Town of Greece

    681 F.3d 20 · Court of Appeals for the Second Circuit · May 17, 2012

    10-3635-cv Galloway v. … Giordano v. Mkt. Am., Inc., 599 F.3d 87, 93 (2d Cir. 2010) (quoting McBride v. BIC Consumer Prods. Mfg.

    Cited 23 timesPublished
  • 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.

    Cited 34 timesPublished
  • 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.

    Cited 515 timesPublished
  • Katz v. McAulay

    438 F.2d 1058 · Court of Appeals for the Second Circuit · Feb 11, 1971

    The rule’s focus upon a demonstrable harm rather than an undifferentiated fear of disturbance distinguishes plaintiffs’ action from Scoville v. Board of Education, 425 F.2d 10 (7 Cir. 1970). … In the first of these, Eisner v.

    Cited 16 timesPublished

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