Case law

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.

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

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 .

United States v. Hester

Court of Appeals for the Second Circuit · Dec 16, 2009

In Lambert v. … See United States v. Brown, --- F.3d ---, No. 08-17244, 2009 WL 3643477, * 1 (11th Cir. Nov. 5, 2009).

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.

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

All American Airways, Inc. v. Village of Cedar-Hurst

201 F.2d 273 · Court of Appeals for the Second Circuit · Jan 7, 1953

In United States v. … Among others, such cases as Bethlehem Steel Co. v. New York State Labor Relations Board, 330 U.S. 767, 773-774 , 67 S.Ct. 1026 , 91 L.Ed. 1234 , and Rice v.

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).

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.

Wong Kam Cheung v. Immigration and Naturalization Service

408 F.2d 35 · Court of Appeals for the Second Circuit · Mar 7, 1969

Wong Kam Cheung v. Esperdy, 274 F.Supp. 485 (S.D.N.Y.1967). No appeal was taken from this order, and the alien dismissed his action. … The Board stated that it had withdrawn its previous order because of the failure of alien’s counsel “to advise the Board that the respondent [alien] had been in court in this case.”

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.

Ayer v. Commissioner

63 F.2d 231 · Court of Appeals for the Second Circuit · Feb 14, 1933

Com’r, 54 F.(2d) 537 , and that of the Seventh Circuit in Rusk v. Com’r (C. C. A.) 53 F.(2d) 428 . … In Rusk v. Com’r (C. C. A.) 53 F.(2d) 428 , supra, the taxpayer died after filing a petition to review the Board’s decision. That was strictly a revivor.

Schulz v. Williams

38 F.3d 657 · Court of Appeals for the Second Circuit · Oct 21, 1994

The court applied the test for ballot access regulation outlined in Anderson v. … See Visual Sciences, Inc. v. Integrated Communications, Inc., 660 F.2d 56, 58 (2d Cir.1981).

Independence Party of Richmond County v. Graham

413 F.3d 252 · Court of Appeals for the Second Circuit · Jun 27, 2005

ABC, Inc. v. Stewart, 360 F.3d 90, 97 (2d Cir.2004) (quoting Church of Scientology v. … See CMM Cable Rep., Inc. v.

United States Ex Rel. Kaloudis v. Shaughnessy

180 F.2d 489 · Court of Appeals for the Second Circuit · Feb 20, 1950

Zapp v. District Director of Immigration & Naturalization, 2 Cir., 120 F.2d 762 . 5 . United States ex rel. Weddeke v. Watkins, 2 Cir., 166 F.2d 369 . 6 . United States ex rel. Salvetti v. … Weddeke v. Watkins, supra, 166 F.2d 369 ; United States ex rel. Zeller v. Watkins, 2 Cir., 167 F.2d 279, 282 ; United States ex rel. Bartsch v. Watkins, 2 Cir., 175 F.2d 245 ; United States ex rel. Walther v.

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.

Darnet Realty Associates, LLC v. 136 East 56th Street Owners, Inc.

153 F.3d 21 · Court of Appeals for the Second Circuit · Aug 12, 1998

. v. 196 Owner’s Corp., 797 F.Supp. 302, 306-07 (S.D.N.Y.1992); Park South, 748 F.Supp. at 213; Coliseum Park Apartments Co. v. … Garson v. Rapping, 66 N.Y.2d 928 , 498 N.Y.S.2d 796 , 489 N.E.2d 765 (1985)(also citing Zion); Adler v.

Blackmer v. Commissioner

70 F.2d 255 · Court of Appeals for the Second Circuit · Apr 2, 1934

The Board of Tax Appeals affirmed this determination. … Cohan v. Comm’r., 39 F.(2d) 540 (C. C. A. 2). When the evidence before the Board, as the trier of the facts, ought to he convincing, it may not say that it is not. Sioux City Stockyard Co. v. Comm’r., 59 F.(2d) 944 (C.

Kirshner v. United States

603 F.2d 234 · Court of Appeals for the Second Circuit · Jul 19, 1979

In 1976 his retirement allowances totaled $3,035.68. 5 The System is controlled by the Teachers Retirement Board ("the Board"). … Assuming, Arguendo, that Kirshner has constitutionally protected property right, see Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972); Tron v.

United States v. Two Baskets

205 F. 37 · Court of Appeals for the Second Circuit · Apr 14, 1913

being charged, and not denied, that Blell failed to enter the merchandise on his written declaration or to mention them to the customs officers. [ 1 ] The excuse offered by him was that he did not know these baskets were on board … In a recent opinion (Reis v.