Case law

Goldie Miller, as of the Estate of Sarah M. Potok v. United Welfare Fund

72 F.3d 1066 · Court of Appeals for the Second Circuit · Dec 19, 1995

In February 1992, Miller appealed by letter to the Board of Trustees of the Fund (the “Trustees” or the “Board”), fiduciaries of the plan as defined by § 3(21) of ERISA, 29 U.S.C. § 1002 (21). … See Lee v.

United States v. Sasso

215 F.3d 283 · Court of Appeals for the Second Circuit · Jun 13, 2000

United States v. … In United States v.

W. E. Hedger Transp. Corp. v. Ira S. Bushey & Sons, Inc.

155 F.2d 321 · Court of Appeals for the Second Circuit · Apr 30, 1946

The Steamboat Orleans, 11 Pet. 175, 182 , 9 L.Ed. 677 ; Minturn v. Maynard, 17 How. 477 , 15 L.Ed. 235 ; Vandewater v. Mills, 19 How. 85 , 92, 15 L.Ed. 554 ; Grant v. Poillon, 20 How. 162 , 15 L.Ed. 871 ; Ward v. … Judge Cross followed Judge Brown in The Emma B., D.C., 140 F. 771 ; and Judge Cushman recognized the doctrine in The Zillah May, supra, D.C., 221 F. 1016 .

Duarte v. Holder

Court of Appeals for the Second Circuit · Dec 6, 2010

The Board of Immigration Appeals (the "BIA") affirmed on September 5, 2001. B. … The Board rejected a later motion to reopen, prompting the present petition for review.

Rexnord Holdings, Inc. v. Maurice Bidermann

21 F.3d 522 · Court of Appeals for the Second Circuit · Apr 7, 1994

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 , 106 S.Ct. 2505, 2510 , 91 L.Ed.2d 202 (1986); accord Brown v. E.F. Hutton Group, Inc., 991 F.2d 1020, 1030 (2d Cir.1993). … Co. v. Irving Trust Co., 757 F.2d 752, 760-61 (6th Cir.1985) (bank did not have objective basis for refusing without prior notice to advance funds under loan agreement); Brown v. AVEMCO Inv.

Maldonado v. Flynn

671 F.2d 729 · Court of Appeals for the Second Circuit · Feb 9, 1982

Gartenberg v. … Oct. 12, 1979); Maldonado v. Flynn, 485 F.Supp. 274 (S.D.N.Y.1980); Maher v. Zapata Corp., 490 F.Supp. 348 (S.D.Texas 1980); Maher v. Zapata Corp., Civ. Action No.

Sayers v. Rochester Telephone Corporation Supplemental Management Pension Plan

7 F.3d 1091 · Court of Appeals for the Second Circuit · Oct 28, 1993

Seiden Assocs. v. ANC Holdings, Inc., 959 F.2d 425, 428 (2d Cir.1992); accord, Care Travel Co. v. Pan American World Airways, Inc., 944 F.2d 983, 987 (2d Cir.1991); W.W.W. Assocs. v. … Breed v.

Cahill v. Mayflower Bus Lines, Inc.

77 F.2d 838 · Court of Appeals for the Second Circuit · Jun 10, 1935

Eq. 207, 63 A. 618 ; Duplantis v. Barrow, 165 La. 1091 , 116 So. 568 . In Freeman v. … It is clear that these notices related to holes on the roadway of the bridge span which had been filled in with boards, but the hump or depression had never been covered with boards.

Wilder v. Bernstein

49 F.3d 69 · Court of Appeals for the Second Circuit · Feb 23, 1995

Kozlowski v. … See Wilder v. Sugarman, 385 F.Supp. 1013 (S.D.N.Y.1974); Wilder v. Bernstein, 499 F.Supp. 980 (S.D.N.Y.1980); Wilder v. Bernstein, 645 F.Supp. 1292 (S.D.N.Y.1986), aff'd, 848 F.2d 1338 (2d Cir.1988); Wilder v.

Biba v. U.S. Department of Justice

227 F. App'x 21 · Court of Appeals for the Second Circuit · Apr 5, 2007

See, e.g., Twum v. INS, 411 F.3d 54, 58 (2d Cir.2005); Yu Sheng Zhang v. U.S. Dep’t of Justice, 362 F.3d 155, 159 (2d Cir.2004). … See Cao He Lin v. U.S. Dep’t of Justice, 428 F.3d 391, 406 (2d Cir.2005); Tian-Yong Chen v. INS, 359 F.3d 121, 129 (2d Cir.2004).

Reyes v. Delta Dallas Alpha Corp.

199 F.3d 626 · Court of Appeals for the Second Circuit · Dec 13, 1999

In Southwest Marine, Inc. v. … In Waldron v.

Quinn v. Southgate Nelson Corporation

121 F.2d 190 · Court of Appeals for the Second Circuit · Jun 30, 1941

Blumenthal & Co. v. United States, 2 Cir., 1929, 30 F.2d 247, 248, 249 ; Sloan Shipyards v. United States Fleet Corp., 1922, 258 U.S. 549, 567, 568 , 42 S.Ct. 386 , 66 LEd. 762. … We think our opinion in United States Shipping Board Emergency Fleet Corp. v.

Yun Qin Lian v. Mukasey

265 F. App'x 36 · Court of Appeals for the Second Circuit · Feb 20, 2008

See Xiao Ji Chen v. U.S. … See Wu Zheng Huang v. INS, 436 F.3d 89, 101-02 (2d Cir.2006).

Federal Trade Commission v. International Paper Company, a Corporation

241 F.2d 372 · Court of Appeals for the Second Circuit · Dec 14, 1956

Relying upon Board of Governors of Federal Reserve System v. … Federal Power Comm. v. Metropolitan Edison Co., 304 U.S. 375 , 58 S.Ct. 963 , 82 L.Ed. 1408 ; In re National Labor Relations Board, 304 U.S. 486 , 58 S.Ct. 1001 , 82 L.Ed. 1482 . 2 .

Commissioner of Internal Revenue v. Ten Eyck

76 F.2d 515 · Court of Appeals for the Second Circuit · Apr 1, 1935

In Ohio v. … In South Carolina v.

J.L.M., Inc., Doing Business as Sheraton Hotel Waterbury, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner, Local 217, Hotel and Restaurant Employees' and Bartenders' Union, Afl-Cio, Intervenor

31 F.3d 79 · Court of Appeals for the Second Circuit · Aug 3, 1994

See NLRB v. Heads & Threads Co., 724 F.2d 282, 287 (2d Cir.1983). Where the Board's findings are based on the assessment of witness credibility they are entitled to "particular respect." NLRB v. … Other circuits have similarly faulted the Board's analysis of these types of cases. See, e.g., Avecor, Inc. v.

John Lawe, as President of Local 100, Transport Workers Union of America, Afl-Cio Weyman Carey, Individually and on Behalf of the New York City Transit Authority Similarly Situated John Meehan, Individually and on Behalf of All Employees of the Manhattan and Bronx Surface Transit Operating Authority Similarly Situated v. Harold Newman, Ida Klaus and David Randles, as Members of the New York State Public Employment Relations Board New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority, John Wilson, as President of Local 1056, Amalgamated Transit Union of America, Afl-Cio Earl Dykes, Individually and on Behalf of All Employees of the New York City Transit Authority Similarly Situated Louis Caravone, as President of Local 726, Amalgamated Transit Union of America, Afl-Cio Floyd Thompson, Individually and on Behalf of All Employees of the New York City Transit Authority Similarly Situated v. New York State Public Employment Relations Board and New York City Transit Authority

689 F.2d 378 · Court of Appeals for the Second Circuit · Sep 20, 1982

The district court declined to grant the requested relief and this appeal followed. 2 We affirm on the basis of Shanker v. … New York State Public Employment Relations Board were heard and are now decided together

Sarah M. Cipriano, Jeune M. Miller v. Board of Education of the City School District of the City of North Tonawanda, New York

968 F.2d 1502 · Court of Appeals for the Second Circuit · Jun 30, 1992

Miller, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NORTH TONAWANDA, NEW YORK, Defendant-Appellee. No. 1680, Docket 91-9050. United States Court of Appeals, Second Circuit. … Cipriano v. Board of Education, 772 F.Supp. 1346 (W.D.N.Y.1991). * Hon. Robert R. Merhige, Jr., United States District Judge of the Eastern District of Virginia, sitting by designation

Goldberg v. Meridor

567 F.2d 209 · Court of Appeals for the Second Circuit · Oct 21, 1977

Contrast Browning Debenture Holders' Committee v. DASA Corp., 560 F.2d 1078, 1085-1087 (2 Cir., 1977). … itself of an informed judgment than if the outsider had simply lied to the board.

United States v. Peter Leslie and Roland Williams

103 F.3d 1093 · Court of Appeals for the Second Circuit · Jan 8, 1997

Leslie’s Attorney Problems Before trial, Leslie was represented by Bertram Brown. At a pre-trial conference in March, 1995, Leslie asked the court to relieve Brown and assign Frederick Hayes as his attorney. … Russell v.