Case law

Brink's, Inc. v. Herman

148 F.3d 175 · Court of Appeals for the Second Circuit · Jun 25, 1998

See Castle Coal & Oil Co. v. Reich, 55 F.3d 41, 44 (2d Cir.1995). … In connection with this dispute, the issue was first raised by Caimano in a letter to the Labor Board after the submission of his complaint.

Brooklyn Eastern Dist. Terminal v. United States

54 F.2d 978 · Court of Appeals for the Second Circuit · Jan 11, 1932

In the first place it is by no means clear that the seaman did not of his own accord think it safer to board the float than to stay on board, or that the order had anything to do with his conduct. … A.) 27 F.(2d) 665 ; Cleary Bros. v. Port Reading R. Co. (C. C. A.) 29 F.(2d) 495 ; Hansen v. E. I. Du Pont, etc., Co. (C. C. A.) 33 F.(2d) 94 ; The Glendola (C. C. A.) 47 F.(2d) 206 . Here it plainly “was.

Ford v. Reynolds

167 F. App'x 248 · Court of Appeals for the Second Circuit · Feb 14, 2006

Ford v. Reynolds, 316 F.3d 351, 356 (2d Cir.2003). Instead, the district court dismissed certain claims for lack of standing and others for failing to state claims on which relief may be granted. … Connell v. Signoracci, 153 F.3d 74, 79 (2d Cir.1998).

New York & H. Rosario Min. Co. v. Commissioner of Int. Rev.

168 F.2d 745 · Court of Appeals for the Second Circuit · Jun 1, 1948

As explained in Burnet v. … Commissioner, 46 B.T.A. 1076, 1080 ; Havana Electric Railway Light & Power Co. v.

James M. MacFarlane v. Ella T. Grasso

696 F.2d 217 · Court of Appeals for the Second Circuit · Dec 14, 1982

Pickering v. Board of Educ., 391 U.S. 563, 568 , 88 S.Ct. 1731, 1734 , 20 L.Ed.2d 811 (1968). … See Brown v. Glines, 444 U.S. 348, 354 , 100 S.Ct. 594, 599 , 62 L.Ed.2d 540 (1980); Parker v. Levy, 417 U.S. 733, 758-59 , 94 S.Ct. 2547, 2562-63 , 41 L.Ed.2d 439 (1974).

Navigazione Generale Italiana v. Elting

77 F.2d 270 · Court of Appeals for the Second Circuit · May 9, 1935

In this case the alien was tuberculous and the Board excluded him for this reason. … It is apparent that the Board .disregarded the established domicile, supposing that the certificate was conclusive. In accordance with our ruling in Navigazione Gen. Italiana v. Elting (C. C.

Morrone v. Pension Fund of Local No. One, I.A.T.S.E.

867 F.3d 326 · Court of Appeals for the Second Circuit · Aug 14, 2017

Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., 715 F.3d 102, 108 (2d Cir., 2013); accord Fallin v. … For example, in Central Laborers’ Pension Fund v.

Bradey v. United States

151 F.2d 742 · Court of Appeals for the Second Circuit · Nov 2, 1945

The Western Maid, 257 U.S. 419 , 42 S.Ct. 159 , 66 L.Ed. 299 ; United States Grain Corporation v. … .); United States v. City of New York, D.C., 8 F.2d 270 (per Augustus N. Bland, J.).

Snell v. Suffolk County

782 F.2d 1094 · Court of Appeals for the Second Circuit · Jan 22, 1986

See, e.g., Grand Light & Supply Co., Inc. v. Honeywell, Inc., 771 F.2d 672, 680-81 (2d Cir.1985); Browning Debenture Holders' Committee v. DASA Corp., 560 F.2d 1078, 1086 (2d Cir.1977). 33 C. … See, e.g., Ezell v. Mobil Housing Board, 709 F.2d 1376, 1381 (11th Cir.1983). 9 But see, Hodge v. McLean Trucking Co., 607 F.2d 1118 (5th Cir.1979); Inda v.

Bliss v. Commissioner of Internal Revenue

68 F.2d 890 · Court of Appeals for the Second Circuit · Jan 8, 1934

Subsequently, however, the question was reviewed by the entire Board, and its position was completely reversed. Straus v. Com’r, 27 B. T. A. 1116. This opinion has been adhered to in Robinette v. Com’r, 28 B. T. … Sadowsky v. Anderson (C. C. A.) 29 F.(2d) 677, 679 . In November, 1931, the Board of Tax Appeals decided Elkins v. Com’r, 24 B. T.

Hecht v. Barnhart

68 F. App'x 244 · Court of Appeals for the Second Circuit · Jun 27, 2003

See Ruppert v. … Ellis v. Apfel, 147 F.3d at 141 . Thus, a third party’s payment of some amount for room and board provides Hecht with in-kind income pursuant to § 416.1103(g).

Superintendent of Insurance of State of New York v. Bankers Life and Casualty Company

430 F.2d 355 · Court of Appeals for the Second Circuit · Jul 22, 1970

Ruckle v. Roto Am. Corp., 339 F.2d 24 (2d Cir. 1964); Globus, Inc. v. Jaroff, 266 F. Supp. 524 (S.D.N.Y.1967); Simon v. New Haven Board & Carton Co., 250 F. Supp. 297 (D.Conn.1966). … V.

Anobile v. Pelligrino

284 F.3d 104 · Court of Appeals for the Second Circuit · Mar 15, 2002

See Horne v. … Ferguson v.

Post v. Commissioner of Internal Revenue

109 F.2d 135 · Court of Appeals for the Second Circuit · Jan 15, 1940

Bonwit Teller & Co. v. Commissioner, 2 Cir., 53 F.2d. 381 , 82 A.L. R. 325; Helvering v. Manhattan Life Ins. Co., 2 Cir., 71 F.2d 292 . … The Board was right in its disposition of the case. The decision will be affirmed.

Li Chen v. Lynch

622 F. App'x 33 · Court of Appeals for the Second Circuit · Nov 18, 2015

14-3-ag Chen v. … BIA, 437 F.3d 270, 273–74 (2d 35 Cir. 2006); see also Yuen Jin v.

United States of America, State of New York v. City of New York and New York City Department of Environmental Protection, Carolyn Maloney, Individually, and as Member of the New York City Council, Fernando Ferrer, Intervenor v. City of New York, New York City Department of Environmental Protection, Albert F. Appleton, Commissioner of the New York City Department of Environmental Protection, Chambers Services, Inc., New York Organic Fertilizer Company, Merco Joint Venture, and Renewable Earth Products of New York City

972 F.2d 464 · Court of Appeals for the Second Circuit · Aug 11, 1992

Smith v. Flagg, 17 N.Y. 584 (1858). 22 The Pacificorp court also noted a second exception to competitive bidding where the board of estimate determines by a two thirds vote that a "special case" exists. … In Doremus v. Board of Education, 342 U.S. 429, 434 , 72 S.Ct. 394, 397 , 96 L.Ed. 475 (1952), the Court ruled that state taxpayers have standing only when bringing a "good-faith pocketbook action."

Joseph W. Di Silvestro v. United States

767 F.2d 30 · Court of Appeals for the Second Circuit · Jun 28, 1985

See, e.g., Allen v. McCurry, 449 U.S. 90, 94 , 101 S.Ct. 411, 414 , 66 L.Ed.2d 308 (1980); Browning Debenture Holders’ Committee v. DASA Corp., 605 F.2d 35 (2d Cir.1978). … See, e.g., Nemeroff v. Abelson, 620 F.2d 339, 348 (2d Cir.1982); accord Browning Debenture Holders’ Committee v. DASA Corp., 560 F.2d at 1088; see also Eastway Construction Co. v.

Lewis v. Holder

625 F.3d 65 · Court of Appeals for the Second Circuit · Nov 8, 2010

09-2511-ag Lewis v. … Lewis v. Gonzales, 481 F.3d 125, 128-29 (2d Cir. 2007). Joining our sister Circuit, we hold that the BIA’s reissuance of its decision triggers a new thirty-day period to obtain judicial review. See Firmansjah v.

United States v. Alarcon Sanchez

Court of Appeals for the Second Circuit · Aug 27, 2020

18-671(L) United States v. … Gonzales v.

Commissioner of Internal Revenue v. Chase Nat. Bank

82 F.2d 157 · Court of Appeals for the Second Circuit · Mar 2, 1936

A majority of the Board having decided adversely to the Commissioner on this point, he has brought this petition for review. … See Dort v. Helvering, 63 App.D.C. 98 , 69 F.(2d) 836 ; Cook v. Commissioner (C.C.A.) 66 F.(2d) 995 ; Hoblitzelle v. United States (Ct.Cl.) 3 F.Supp. 331 .