Case law

Amy Auerbach, Barbara Shapiro, Andrea Digregorio, Monica Rossi, Mary Ellen Scarpone, Stephen Schreiber, Sharon Sonner, Carrie Newman, Robert Weber, Louis Esbin, Alan Frutkin, on Behalf of Themselves and All Other Persons Similarly Situated v. Donald Rettaliata and William McKeon Commissioners of the New York State Board of Elections, Individually and in Their Official Capacities, Martha C. Perez, Maria S. Ramirez and Gloria A. O'connell, on Behalf of Themselves and All Other Persons Similarly Situated v. Donald Rettaliata and William McKeon Commissioners of the New York State Board of Elections

765 F.2d 350 · Court of Appeals for the Second Circuit · Jun 17, 1985

McDonald v. Board of Election Commissioners, 394 U.S. 802 , 89 S.Ct. 1404 , 22 L.Ed.2d 739 (1969). … Iafrate v. Suffolk County Board of Elections, 42 N.Y.2d 991 , 398 N.Y.S.2d 413 , 368 N.E.2d 35 (1977) (upholding right of voluntary resident of psychiatric facility to register); Fenn v.

Ufi Razor Blades, Inc. v. District 65, Wholesale, Retail, Office and Processing Union, Affiliated With the Distributive Workers of America

610 F.2d 1018 · Court of Appeals for the Second Circuit · Oct 30, 1979

See, e. g., NLRB v. … See, e. g., NLRB v. Kostilnik, 405 F.2d 733, 735 (3d Cir. 1969); NLRB v. Vail Mfg.

United States v. Adrian Cuevas

510 F.2d 848 · Court of Appeals for the Second Circuit · Feb 10, 1975

Indeed, relying on Brown v. United States, 245 F.2d 549 (8th Cir. 1957), defense trial counsel moved for a judgment of acquittal. … In Brown information elicited referred only to offenses in Missouri, not Nebraska, the site of the grand jury. Nor is it like United States v.

United States v. Williams

260 F.3d 160 · Court of Appeals for the Second Circuit · Aug 9, 2001

See United States v. Brown, 232 F.3d 44, 48 (2d Cir.2000) (per curiam), cert. denied, — U.S. -, 121 S.Ct. 1245 , 149 L.Ed.2d 152 (2001); United States v. Velasquez, 136 F.3d 921 , 923 n. 1 (2d Cir.1998) (per curiam). … See United States v. Garcia-Hernandez, 237 F.3d 105, 109 (2d Cir.2000); Brown, 232 F.3d at 48-49 ; United States v. Livorsi, 180 F.3d 76, 82-83 (2d Cir.1999).

Kahn v. Commissioner of Internal Revenue

108 F.2d 748 · Court of Appeals for the Second Circuit · Jan 8, 1940

The Board has affirmed the action of the commissioner. … We think the Board was right in following its own prior ruling as to the effect of a moratorium. See Richards & Hirschfield, Inc., v. Commissioner, 24 B.T.A. 1289 .

United States ex rel. Chung Yuen Poy v. Corsi

62 F.2d 777 · Court of Appeals for the Second Circuit · Jan 23, 1933

The conclusion of the Board of Special Inquiry, in view of the discrepancies established, is binding upon us, and the appellant has had a fair hearing. The decision below was not reached arbitrarily. United States v. … Ed. 1040 ; Tang Tun v. Edsell, 223 U. S. 673 , 32 S. Ct. 359 , 56 L. Ed. 606 ; United States ex rel. Fong Lung Sing v. Day, 37 F.(2d) 36 (C. C. A. 2); United States ex rel. Fong On v. Day, 54 F.(2d) 990 (C. C. A. 2).

Shi Liang Lin v. United States Department of Justice and Attorney General Gonzales, Zhen Hua Dong v. United States Department of Justice and Attorney General Gonzales, Xian Zou v. Alberto R. Gonzales, Attorney General

416 F.3d 184 · Court of Appeals for the Second Circuit · Jul 29, 2005

Except as Board [i.e. … By majority vote of the permanent Board members, selected decisions of the Board rendered by a three-member panel or by the Board en banc may be designated to serve as precedents in all proceedings involving the same issue

Cullen v. Fliegner

18 F.3d 96 · Court of Appeals for the Second Circuit · Feb 28, 1994

See, e.g., Ohio Civil Rights Comm’n v. … E.g., Lewellen v.

McAllister v. United States

207 F.2d 952 · Court of Appeals for the Second Circuit · Nov 12, 1953

Judge Inch quoted extensively from a prior decision of this court, McAllister v. … Co. v. Chamberlain, 288 U.S. 333, 339 , 53 S.Ct. 391 , 77 L.Ed. 819 ; Patton v. Texas & Pacific Ry. Co., 179 U.S. 658, 663 , 21 S.Ct. 275 , 45 L.Ed. 361 ; Goodrich v. United States, D.C., 5 F.Supp. 364, 365 .

Whelton v. Educational Credit Management Corp.

432 F.3d 150 · Court of Appeals for the Second Circuit · Dec 15, 2005

Corp. v. … See NLRB v. United Techs.

New York v. United States Nuclear Regulatory Commission

589 F.3d 551 · Court of Appeals for the Second Circuit · Dec 21, 2009

08-3903-ag New York v. … Deference is desirable.” 14 Browning-Ferris Indus. of South Jersey, Inc. v. Muszynski, 15 899 F.2d 151, 160 (2d Cir. 1990), limited on other grounds 16 by Steel Co. v.

McLamb v. County of Suffolk

280 F. App'x 107 · Court of Appeals for the Second Circuit · Jun 5, 2008

McKithen v. Brown, 481 F.3d 89, 98 (2d Cir.2007), cert. denied, — U.S. -, 128 S.Ct. 1218 , 170 L.Ed.2d 59 -(2008). … See Brown v. Hotel & Rest. Employees & Bartenders Int’l Union Local 5k, 468 U.S. 491 , 500 n. 9, 104 S.Ct. 3179 , 82 L.Ed.2d 373 (1984) (Younger abstention can be waived).

Wozniak v. International Union, United Automobile, Aerospace & Agricultural Implement Workers, Local 897

842 F.2d 633 · Court of Appeals for the Second Circuit · Mar 21, 1988

In Clayton v. … See Monroe v. International Union, UAW, 723 F.2d 22, 26 (6th Cir.1983); Miller v. General Motors Corp., 675 F.2d 146, 150 (7th Cir.1982); Newgent v. Modine Mfg. Co., 495 F.2d 919, 927-28 (7th Cir.1974).

McLeod v. Chefs, Cooks, Pastry Cooks & Assistants, Local 89, Hotel & Restaurant Employees & Bartenders International Union

280 F.2d 760 · Court of Appeals for the Second Circuit · Jul 6, 1960

Douds v. Milk Drivers and Dairy Employees Union, 2 Cir., 1957, 248 F.2d 534, 537 ; Schauffler v. Highway Truck Drivers & Helpers, 3 Cir., 1956, 230 F.2d 7, 9 . … N.L.R.B. v. Local 50, Bakery and Confectionery Workers, 2 Cir., 1957, 245 F.2d 542, 547 .

Dorothy Elfenbein v. Gulf & Western Industries, Inc., and Stelux Manufacturing Co., and Bulova Watch Co., Inc.

590 F.2d 445 · Court of Appeals for the Second Circuit · Dec 21, 1978

In Allied Air Freight, Inc. v. … Swan v. Board of Higher Education of the City of New York, 319 F.2d 56 (2d Cir. 1963). 2 .

Klinghoffer v. S.N.C. Achille Lauro Ed Altrigestione Motonave Achille Lauro in Amministrazione Straordinaria

921 F.2d 21 · Court of Appeals for the Second Circuit · Dec 7, 1990

. *24 The district courts have apparently derived this requirement from Brown v. … Thus, Brown v. Bullock did not decide the issue plaintiffs pose for us, and we must still decide whether their position is correct.

United States v. Romberg

150 F.2d 116 · Court of Appeals for the Second Circuit · Jun 19, 1945

In the light of United States v. … Achtner, 2 Cir., 144 F.2d 49, 52 , the sole question here is whether the Union’s executive board had “some * * * adequate reason for ascertaining * * * defendant’s citizenship” at “a time of deepening national crisis.”

Pinnacle Consultants, Ltd. v. Leucadia National Corp.

101 F.3d 900 · Court of Appeals for the Second Circuit · Dec 10, 1996

Board of Directors of the Corporation.” Leucadia’s board of directors had an Employee Benefits Committee (the “Committee”), which reviewed and recommended the compensation of the chairman of the board and the president. … BCL § 505 (h); Clamitz v. Thatcher Mfg. Co., 158 F.2d 687, 693 (2d Cir.1947); Buffalo Forge Co. v. Ogden Corp., 555 F.Supp. 892, 905 (W.D.N.Y.), aff'd, 717 F.2d 757 (2d Cir.1983); Meshel v.

Hilton International Company D/B/A Caribe Hilton Hotel v. National Labor Relations Board, National Labor Relations Board v. Puerto Rico Hotel Association San Juan Hotel Corporation D/B/A El San Juan Hotel and El Conquistador Hotel, the Puerto Rico Hotel Corporation D/B/A the Palace Hotel Condado Holiday Inn and Hilton International Company D/B/A La Concha Hotel-Condada Beach Hotel

690 F.2d 318 · Court of Appeals for the Second Circuit · Sep 29, 1982

P 13,804 HILTON INTERNATIONAL COMPANY d/b/a Caribe Hilton Hotel, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. … III 16 On review, the Board's findings are entitled to deference if supported by substantial evidence in the record taken as a whole, Universal Camera Corp. v.

United States ex rel. Carapa v. Curran

297 F. 946 · Court of Appeals for the Second Circuit · Mar 3, 1924

That board has authority to determine whether the alien thus “held” shall be allowed to land or shall be deported. … But the construction of the paragraph is doubtful, and it was held by Judge Brown, in Re Iasigi (D. C.) 79 Fed. 755 , and by Judge Ward, in Be Funaro (no written opinion filed), that there is no such power.