Case law

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  • American Stevedoring Limited v. Victor Marinelli, Office of Workers' Compensation Programs, U.S. Dept. Of Labor

    248 F.3d 54 · Court of Appeals for the Second Circuit · Apr 26, 2001

    White v. … The “borrowed employee” test has been adopted by several of our sister circuits as well as by the Board. See White, 222 F.3d at 149 ; Peter v.

    Cited 15 timesPublished
  • Jordan v. New York City Board of Elections

    Court of Appeals for the Second Circuit · Jun 15, 2020

    Trump v. … See Hu v.

    Cited 0 timesUnpublished
  • Rodiek v. Helvering

    87 F.2d 328 · Court of Appeals for the Second Circuit · Jan 4, 1937

    Helvering v. St. Louis Union *331 Trust Co., 296 U.S. 39 , 56 S.Ct. 74 , 80 L. Ed. 29 , 109 A.L.R. 1239 . … The second question is whether the securities lent to the decedent’s cousin and pledged by him were part of his gross estate; so the Board held, relying upon our decision in City Bank Farmers’ Trust Co. v.

    Cited 7 timesPublished
  • Zatz v. United States

    149 F.3d 144 · Court of Appeals for the Second Circuit · Jul 9, 1998

    Union v. Surface Transp. Board, 114 F.3d 1242 , 1244-45 (D.C.Cir.1997) (“[T]he Unions concede they did not make a jurisdictional argument until this appeal.... … See NLRB v.

    Cited 4 timesPublished
  • United States of America Ex Rel. Roy Schuster v. Leon J. Vincent, Warden, Green Haven Correctional Facility

    524 F.2d 153 · Court of Appeals for the Second Circuit · Sep 23, 1975

    Schuster v. … LaReau v.

    Cited 32 timesPublished
  • Sarkees v. E. I. DuPont De Nemours and Co.

    15 F.4th 584 · Court of Appeals for the Second Circuit · Oct 6, 2021

    See McDowell v. Brown, 392 F.3d 1283, 1295 (11th Cir. 2004); Wray v. Gregory, 61 F.3d 1414, 1417-19 (9th Cir. 1995); Stonehocker v. General Motors Corp., 587 F.2d 151, 155-56 (4th Cir. 1978); Conway v. … Oliver “spent decades as a board-certified physician in occupational and environmental medicine, and she has the unique perspective of having inspected the Goodyear plant herself just a few years after [Sarkees] worked

    Cited 27 timesPublished
  • United States v. Paul Ajlouny

    629 F.2d 830 · Court of Appeals for the Second Circuit · Aug 29, 1980

    The agents then proceeded to unseal and search the container, 2 which had not yet been loaded on board ship. … search . . . any person, trunk, package, or cargo on board”). 8 .

    Cited 67 timesPublished
  • Securitron Magnalock Corp. v. Schnabolk

    65 F.3d 256 · Court of Appeals for the Second Circuit · Sep 7, 1995

    contacts at the Board. … Relying on Riverwoods Chappaqua Corp. v.

    Cited 177 timesPublished
  • Omnipoint Communications, Inc. v. The City Of White Plains

    430 F.3d 529 · Court of Appeals for the Second Circuit · Dec 2, 2005

    Commc'ns v. … Norton v.

    Cited 2 timesPublished
  • Salvage v. Commissioner

    76 F.2d 112 · Court of Appeals for the Second Circuit · Mar 18, 1935

    Commissioner v. Van Vorst, 59 F.(2d) 677 (C. C. A. 9); Taplin v. Commissioner, 41 F.(2d) 454 (C. C. A. 6). … Robinson v. Commissioner, 59 F.(2d) 1008 (C. C. A. 6); Rodrigues v. Edwards, 40 F.(2d) 408 (C. C. A. 2). In the case at bar the Board found that the stock was not acquired by the petitioner as compensation for services.

    Cited 38 timesPublished
  • Joseph E. Seagram & Sons, Inc. v. Gazzara

    800 F.2d 49 · Court of Appeals for the Second Circuit · Sep 2, 1986

    On June 3, 1986, the Supreme Court issued an opinion which addressed these specific issues, Brown-Forman Distillers Corp. v. New York State Liquor Authority, — U.S. -, 106 S.Ct. 2080 , 90 L.Ed.2d 552 (1986). … In light of the Court’s recent ruling in Brown-Forman on the specific issue raised herein finding that “the [New York] ABC Law on its face violates the Commerce Clause”, id. 106 S.Ct. at 2088 , we reverse the judgment of

    Cited 1 timesPublished
  • Aguayo v. Richardson

    473 F.2d 1090 · Court of Appeals for the Second Circuit · Jan 18, 1973

    See also Breen v. Selective Service Local Board, 396 U. S. 460 , 90 S.Ct. 661 , 24 L.Ed.2d 653 (1970). Our own decisions are similarly inconclusive. While Cappadora v. … Sugarman (S.D.N.Y. 1972), an appeal from which is now pending before this court; Woolfolk v. Brown, 325 F.Supp. 1162 (E.D.Va.1971), aff’d 456 F.2d 652 (4 Cir. 1972).

    Questioned by Christa Mcauliffe Intermediate School Pto v. De Blasio, 364 F. Supp. 3d 253 (2019)Cited 91 timesPublished
  • Berisford Metals Corporation, Plaintiff-Appellant-Cross-Appellee v. S/s Salvador, Her Engines, Boilers, Etc., and A/s Ivarans Rederi, Cross-Appellants

    779 F.2d 841 · Court of Appeals for the Second Circuit · Dec 16, 1985

    As the court stated in Pollard v. … In Higgins v.

    Cited 39 timesPublished
  • United States v. City of Yonkers

    96 F.3d 600 · Court of Appeals for the Second Circuit · Sep 23, 1996

    Community School Board of Education, 512 F.2d 37 , 46-48, 51 (2d Cir.1975); Oliver v. … See also Arthur, 573 F.2d at 146 ; New York City School Boards Association v.

    Cited 27 timesPublished
  • Jeffries v. Harleston

    21 F.3d 1238 · Court of Appeals for the Second Circuit · Apr 18, 1994

    Compare Dambrot v. … See Selzer v.

    Vacated on other grounds by Harleston v. Jeffries, 513 U.S. 996 (1994)Cited 42 timesPublished
  • O'connor v. Pierson

    426 F.3d 187 · Court of Appeals for the Second Circuit · Oct 11, 2005

    Co. v. … Although the Board correctly notes that mootness goes to federal subject-matter jurisdiction, see Muhammad v. City of N.Y.

    Cited 3 timesPublished
  • Helvering v. Achelis

    112 F.2d 929 · Court of Appeals for the Second Circuit · Jun 24, 1940

    Helvering v. Wood, 309 U.S. 344 , 60 S.Ct. 551, 553 , 84 L.Ed. -. That court had twice before held that a circuit court of appeals had no power to reverse the Board upon a point not raised before it. … Hormel, 111 F.2d 1 , reversed an order of the Board on a ground first taken before them, but they appear to have relied upon an earlier decision of their own, and not upon Helvering v. Wood, supra.

    Cited 14 timesPublished
  • Air Cargo Inc. v. Local Union 851, International Brotherhood of Teamsters

    733 F.2d 241 · Court of Appeals for the Second Circuit · Apr 26, 1984

    The System Board of Adjustment has exclusive jurisdiction in cases of minor disputes. Ruby v. TACA International Airlines, S.A., 439 F.2d 1359, 1362 (5th Cir.1971). … See also Switchmen’s Union v.

    Cited 14 timesPublished
  • In re Triangle S. S. Co.

    3 F.2d 894 · Court of Appeals for the Second Circuit · Nov 21, 1924

    Hitchcock v. Galveston, 96 U. S. 341, 347-349 , 24 L. Ed. 659 ; Cass County v. Gibson, 107 F. 363, 368, 369 , 46 C. C. A. 341 (C. C. A. 6). … United States v. Purcell Envelope Co., 249 U. S. 313 , 39 S. Ct. 300 , 63 L. Ed. 620 .

    Cited 2 timesPublished
  • LaRouche v. Kezer

    20 F.3d 68 · Court of Appeals for the Second Circuit · Mar 29, 1994

    Hirschfeld v. Board of Elections, 984 F.2d 35, 39 (2d Cir.1993) (citations omitted). … See Frazier v. Board of Trustees of Northwest Miss.

    Cited 120 timesPublished

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