Case law

Consumers Union of United States, Inc. v. General Signal Corp. And Grey Advertising, Inc.

724 F.2d 1044 · Court of Appeals for the Second Circuit · Feb 14, 1984

As the Supreme Court recognized in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976), commercial uses also serve the important function of educating the public. … Board of Trade of the City of Chicago, 546 F.Supp. 113 , 121 & n. 9 (S.D.N.Y. 1982); The New York Times Co. v.

Johnnie Brown v. C. Volante Corp.

194 F.3d 351 · Court of Appeals for the Second Circuit · Oct 8, 1999

The decision, therefore, stands only for the unremarkable proposition that the National Labor Relations Board generally has exclusive jurisdiction over unfair labor practice claims. See NLRB v. … Anderson v.

Powell v. National Board of Medical Examiners

511 F.3d 238 · Court of Appeals for the Second Circuit · Apr 7, 2004

ERRATA The opinion of this Court issued on April 7, 2004, cited at 364 F.3d 79 is corrected as follows: At Slip Op. 2672 [ 364 F.3d at 85 ] delete last sentence on the page: “Because both UConn and the National Board receive

Hoblock v. Albany County Board of Elections

422 F.3d 77 · Court of Appeals for the Second Circuit · Sep 2, 2005

The Board also issued absentee ballots for the special general election, scheduled for April 27, 2004, to those same voters. Gross v. … In Rooker v.

Industrial Waxes, Inc., a Corporation v. Gerald Few Brown

258 F.2d 800 · Court of Appeals for the Second Circuit · Jul 31, 1958

This is an appeal by defendant Brown, a subject and resident of Great Britain, from a final judgment in a diversity action entered in favor of the plaintiff, an Ohio corporation, for $43,803 plus interest and costs.

Amalgamated Service And Allied Industries Joint Board v. National Labor Relations Board

815 F.2d 225 · Court of Appeals for the Second Circuit · Mar 27, 1987

Thus, in reviewing a request to overturn a Board decision refusing to set aside an election, the proper standard is whether the Board abused its discretion. Lipman Motors, Inc. v. … Thus, the Board was justified in declining to adopt the per se rule urged by the Company in this case. See Midwest Stock Exchange v.

Vega v. Walsh

669 F.3d 123 · Court of Appeals for the Second Circuit · Feb 17, 2012

10-2540-pr Vega v. … In Crawford v.

Civil Aeronautics Board v. Carefree Travel, Inc.

513 F.2d 375 · Court of Appeals for the Second Circuit · Mar 7, 1975

TPO, Inc. v. … We have already held that the Board has the right to seek enforcement of the affinity regulations upon a proper showing. See CAB v. Aeromatic Travel Corp., supra. See also Trailways of New England, Inc. v.

National Labor Relations Board v. Flomatic Corporation

347 F.2d 74 · Court of Appeals for the Second Circuit · Jun 14, 1965

It is well settled that the Board has a great deal of discretion in devising appropriate remedies for unfair labor practices. Franks Bros. Co. v. N. L. R. … Co. v. N. L. R.

United States v. George Brown, A/K/A China

232 F.3d 44 · Court of Appeals for the Second Circuit · Nov 3, 2000

See United States v. Suleiman, 208 F.3d 32, 39 (2d Cir.2000). … See United States v. Caraballo, 200 F.3d 20, 24-29 (1st Cir.1999); United States v. Kimble, 107 F.3d 712, 714-15 (9th Cir.1997).

Addoo v. NYC Board of Ed.

268 F. App'x 141 · Court of Appeals for the Second Circuit · Mar 11, 2008

See Marie Addoo v. New York City Board of Education, No. 04 CV 2255(ARR)(LB) (E.D.N.Y. Dec. 18, 2006). We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal. … See Capobianco v.

National Labor Relations Board v. Talmadge Park

608 F.3d 913 · Court of Appeals for the Second Circuit · Jun 23, 2010

Such was the situation when the Board issued the order that is the subject of this petition. In Snell Island SNF LLC v. … New Process Steel, L.P. v.

Board of Sup'rs v. Knickerbocker Ice Co.

80 F.2d 248 · Court of Appeals for the Second Circuit · Dec 9, 1935

In Zadig v. Ætna Ins. … O’Brien v. Lashar, 266 F. 215 (C.C.A. 2); Mitchell v. Mason, 4 F.(2d) 705 (C.C.A. 5). Phillips v.

Grace Line, Inc. v. Federal Maritime Board

263 F.2d 709 · Court of Appeals for the Second Circuit · Feb 13, 1959

Corp. v. United States, 1939, 307 U.S. 125, 146 , 59 S.Ct. 754 , 83 L.Ed. 1147 ; and when not so satisfied the court must reverse the administrative action, Social Security Board v. Nierotko, 1946, 327 U. … We must judge the propriety of the Board’s action solely on the grounds then invoked by it. Securities & Exchange Commission v.

Billiteri v. United States Board of Parole

541 F.2d 938 · Court of Appeals for the Second Circuit · Aug 30, 1976

See Brown v. Lundgren, 528 F.2d 1050, 1055 (5 Cir. 1976). … See Brown v. Lundgren, supra. Billiteri further argues that his counsel should have been allowed to appear before the Regional Directors when they met in Kansas City.

National Labor Relations Board v. Van Deusen

138 F.2d 893 · Court of Appeals for the Second Circuit · Nov 4, 1943

Such an impact of a labor controversy upon interstate commerce is within the remedial control of the Board. As was said in N. L. R. B. v. … That substantially equivalent employment has been obtained does not bar a reinstatement order if the Board deems one necessary in order to effectuate the policies of the Act, Phelps Dodge Corp. v. N. L. R.

National Labor Relations Board v. Federbush Co.

121 F.2d 954 · Court of Appeals for the Second Circuit · Jul 18, 1941

National Labor Relations Board v. National Licorice Co., 2 Cir., 104 F.2d 655 ; National Labor Relations Board v. American Manufacturing Co., 2 Cir., 106 F.2d 61 ; National Labor Relations Board v. … National Labor Relations Board v. Ford Motor Co., 6 Cir., 114 F.2d 905 .

Civil Aeronautics Board v. Aeromatic Travel Corp.

489 F.2d 251 · Court of Appeals for the Second Circuit · Feb 11, 1974

See United States v. Western Pac. R.R., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956); Far East Conference v. United States, 342 U.S. 570 , 72 S.Ct. 492 , 96 L.Ed. 576 (1952). . … Furthermore, since the Board is the plaintiff, we are not bypassing an agency when we order the district court to interpret the statute. Cf. Hughes Tool Co. v.

Polymers, Inc. v. National Labor Relations Board

414 F.2d 999 · Court of Appeals for the Second Circuit · Jul 24, 1969

United States v. L. A. Tucker Truck Lines, Inc., 344 U.S. 33, 37 (1952), cited in NLRB v. … See also NLRB v. Geneseo, Inc., 406 F.2d 393 (5 Cir. 1969); NLRB v. Smith Industries, Inc., 403 F.2d 889, 892 (5 Cir. 1968); Sonoco Products Co. v. NLRB, 399 F.2d 835, 839 (9 Cir. 1968). 14 . See Sonoco Products Co. v.

Larry Brown v. Walter Kelly, Superintendent, Attica Correctional Facility

973 F.2d 116 · Court of Appeals for the Second Circuit · Aug 19, 1992

See People v. Brown, 144 A.D.2d 373, 374 , 533 N.Y.S.2d 912 (2d Dep’t 1988). Leave to appeal was denied. People v. Brown, 73 N.Y.2d 975 , 538 N.E.2d 361 (1989). … See Hernandez v.