Case law

Rosa Lee BROWN, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee

827 F.2d 311 · Court of Appeals for the Eighth Circuit · Aug 21, 1987

On March 25, 1986, this court held in Brown v. … In light of this decision of the Supreme Court, we withdraw our earlier opinion in Brown v.

Backus v. Spears

677 F.2d 397 · Court of Appeals for the Fourth Circuit · Apr 29, 1982

See Storer v. Brown, 415 U.S. 724 , 737 n.8, 94 S.Ct. 1274 , 1282 n.8, 39 L.Ed.2d 714 . . … Brown, 415 U.S. 724, 756 , 94 S.Ct. 1274, 1291 , 39 L.Ed.2d 714 (1974) (Brennan, J., dissenting); or the ninth amendment, see Lubin v. Panish, 415 U.S. 709 , 721 n.*, 94 S.Ct. 1315 , 1322 n.* 39 L.Ed.2d 702 .

Robert Brown, Jr. v. Merit Systems Protection Board

47 F.3d 1180 · Court of Appeals for the Federal Circuit · Jan 10, 1995

Mendoza v. Merit Sys. … However, we cannot consider this evidence because it was not part of the record before the board and Brown has not demonstrated that it serves to correct an omission or misstatement by the board. See McGarigle v.

Felder's Collision Parts, Inc. v. All Star Advertising Agency, Inc.

777 F.3d 756 · Court of Appeals for the Fifth Circuit · Jan 27, 2015

Brown Shoe Co. v. United States, 370 U.S. 294, 320 (1962). Though often included by rote, the axiom is particularly apt in this case. … Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 224 (1993); Stearns Airport Equip. Co., Inc. v. FMC Corp., 170 F.3d 518, 532 (5th Cir. 1999). I.

Holrail, LLC v. Surface Transportation Board

515 F.3d 1313 · Court of Appeals for the D.C. Circuit · Feb 22, 2008

Brown v. Gardner, 513 U.S. 115, 118 (1994). “In determining whether a statutory provision speaks directly to the question before us, we consider it in context.” Holly Sugar Corp. v. Johanns, 437 F.3d 1210, 1213 (D.C. … Yankee Nuclear Power Corp. v.

Brown v. Merit Systems Protection Board

217 F. App'x 939 · Court of Appeals for the Federal Circuit · Jan 22, 2007

Brown, Jr. petitions for review of the final decision of the Merit Systems Protection Board (“Board”) that dismissed for lack of jurisdiction his appeal of an alleged constructive suspension. Brown v. U.S. … Brown suitable. He also noted that the Board did not have authority to review OWCP’s suitability determination because it was reviewable only by the Department of Labor. Initial Decision at 7 (citing New v.

National Labor Relations Board v. John Brown

319 F.2d 7 · Court of Appeals for the Tenth Circuit · Jun 17, 1963

B. v. James & Laughlin Steel Corp., 301 U.S. 1 , 57 S.Ct. 615 , 81 L.Ed. 893 ; Associated Press v. N. L. R. B., 301 U.S. 103 , 57 S.Ct. 650 , 81 L.Ed. 953 ; Olin Matheson Chem. Corp. v. N. L. R. … We think it cannot and hold that the Board in so doing has misinterpreted and misapplied the principles set forth by the Supreme Court in N. L. R. B. v.

Vertulie Lapre v. City of Chicago

911 F.3d 424 · Court of Appeals for the Seventh Circuit · Dec 17, 2018

Board of Cty. Comm’rs of Bryan Cty., Okla. v. Brown, 520 U.S. 397, 403 (1997). … See Brown, 520 U.S. at 406–07. See also Connick v.

Andrei Skripkov v. William P. Barr

966 F.3d 480 · Court of Appeals for the Sixth Circuit · Jul 20, 2020

Standard of review “Where the Board affirms the IJ’s ruling but adds its own comments, we review both the IJ’s decision and the Board’s additional remarks.” Karimijanaki v. … See Berhane v. Holder, 606 F.3d 819, 825 (6th Cir. 2010) (holding that deference “does not require upholding a Board decision without regard to whether there is a reasoned basis for it”); see also Castro v.

Sida of Hawaii, Inc. v. National Labor Relations Board

512 F.2d 354 · Court of Appeals for the Ninth Circuit · Feb 24, 1975

NLRB v. United Insurance Co., 390 U.S. 254, 256 , 88 S.Ct. 988 , 19 L.Ed.2d 1083 (1968). Brown v. NLRB, 462 F.2d 699 , 702 (9th Cir. 1972). … As this court reaffirmed in Brown, we cannot uphold the Board where it has in its “application of the law to the facts overlooked accepted principles of the law of agency . . . .” 462 F.2d at 702, quoting Carnation Co. v.

Bankr. L. Rep. P 68,280 in the Matter of Nelson Lewis Gross, AKA Nelson L. Gross, AKA Lewis Gross, Bankrupt. John O. Miller v. Nelson Lewis Gross

654 F.2d 602 · Court of Appeals for the Ninth Circuit · Aug 24, 1981

However, this assertion is contrary to the Supreme Court’s decision in Brown v. … This was the rule in the Ninth Circuit even prior to Brown .

Russell v. Harman International Industries, Inc.

773 F.3d 253 · Court of Appeals for the D.C. Circuit · Dec 12, 2014

See Colbert v. Potter, 471 F.3d 158, 168 (D.C. … Compare Trucking Emp’rs, 561 F.2d at 318 (Title VII waivers must be knowing and voluntary), and Brown v. Brody, 199 F.3d 446, 456 n.10 (D.C.

Gartor Brown v. Delaware County Board of Priso

Court of Appeals for the Third Circuit · Jul 6, 2018

DELAWARE COUNTY PRISON BOARD OF INSPECTORS; C.E.C. … Brown filed a 42 U.S.C. § 1983 action against Community Education Center (“CEC”), which runs the facility at which Brown was incarcerated, Delaware County Prison Board of Inspectors, Dr.

James E. Brown v. City of Stow Board of Elections, Summit County, Nancy J. Treichler Alexander E. Teodosio Joseph A. Hartlaub Alex Arshinkoff

902 F.2d 1568 · Court of Appeals for the Sixth Circuit · May 21, 1990

BROWN, Plaintiff-Appellant, v. CITY OF STOW; Board of Elections, Summit County, Nancy J. Treichler; Alexander E. Teodosio; Joseph A. Hartlaub; Alex Arshinkoff; Defendants-Appellees. No. 89-3914.

Legato Vapors, LLC v. David Cook

847 F.3d 825 · Court of Appeals for the Seventh Circuit · Jan 30, 2017

See, e.g., Brown-Forman Distillers Corp. v. … Brown-Forman Distillers, 476 U.S. at 578–79; Edgar, 457 U.S. at 640, 643. See, e.g., Pike v. Bruce Church, Inc., 397 U.S. 137 (1970).

Procopio v. Wilkie

913 F.3d 1371 · Court of Appeals for the Federal Circuit · Jan 29, 2019

The Board of Veterans’ Appeals likewise denied him service connection in March 2011 and again in July 2015, finding “[t]he competent and credible evidence of record is against a finding that the Veteran was pre- sent on the … See generally Henderson v. Shinseki, 562 U.S. 428, 441 (2011); Brown v. Gardner, 513 U.S. 115, 117-18 (1994); King v. St. Vincent’s Hosp., 502 U.S. 215, 220 n.9 (1991); Fishgold v.

Crystal S. Brown v. Merit Systems Protection Board

949 F.2d 404 · Court of Appeals for the Federal Circuit · Oct 18, 1991

BROWN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. No. 91-3257. United States Court of Appeals, Federal Circuit. Oct. 18, 1991. Before MICHEL, PLAGER and RADER, Circuit Judges. … The full Board denied Brown's petition for review of the AJ's initial decision, which then became final. 5 C.F.R. § 1201.113 (b). Brown then appealed the Board's decision to this court. We affirm.

Keylon v. City of Albuquerque

535 F.3d 1210 · Court of Appeals for the Tenth Circuit · Aug 5, 2008

See Brown v. … ."); McCoy v.

National Labor Relations Board v. Brown

310 F.2d 539 · Court of Appeals for the Ninth Circuit · Nov 14, 1962

For example, Garner, President of the Association, was designated by the Board as “head” shipping clerk of Brown Wholesale. … Wayside Press, Inc. v. N. L. R. B., supra note 7, at 806.

Walls v. United States

582 F.3d 1358 · Court of Appeals for the Federal Circuit · Sep 29, 2009

Brown v. United States, 184 Ct.Cl. 501 , 396 F.2d 989, 991 (1968); see also Beckham v. United States, 179 Ct.Cl. 539 , 375 F.2d 782, 785 (1967). … After our decision in Brown, it has become well established that judicial review of decisions of military correction boards is conducted under the APA. 11 Also after Brown, the Supreme Court has established that review under