law of the case doctrine new york

54238 results for law of the case doctrine new york

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  • 545 F.3d 139 (2nd Cir. 2008), 05-4186, United States v. Al-Moayad

    ...           Robert J. Boyle, New York, NY, for Defendant-Appellant Mohammed Ali ... used him to help develop the government's case" against Al-Moayad, and later Zayed.       \xC2"...The “ cumulative unfairness" doctrine is also firmly embedded in this Circuit's ...

  • 219 F.3d 92 (2nd Cir. 2000), 98-9392, Primetime 24 Joint v Nat'l Broadcasting

    ... Court for the Southern District of New York (Lawrence M. McKenna, Judge) dismissing ... was protected under the Noerr-Pennington doctrine. We reverse. .         BACKGROUND . ... only by conducting its own test, as in the case of households outside the predicted Grade B ...

  • 264 U.S. 219 (2009), Industrial Accident Commission of California

    ...v. Stewart , 253 U.S. 149, and other cases reviewed. P. 222.         2. So held ... judgments below must be affirmed; the doctrine of Knickerbocker Ice Co. v. Stewart, to which ...v. Jensen involved a claim under the New York Compensation Act for death resulting from ...

  • 236 U.S. 1 (1915), 48, Coppage v. Kansas

    ... employment, so far as it applies to such a case as the present, where an employee at will, a man ..., we are constrained to reaffirm the doctrine there applied. Neither the doctrine nor this ...161, and Lochner v. New York , 198 U.S. 45, should be overruled. I have stated ...

  • 456 U.S. 461 (1982), 80-6045, Kremer v. Chemical Construction Corp.

    ... by the Act, referred the charge to the New York State Division of Human Rights (NYHRD), the ... and collateral estoppel in Title VII cases. Rather, to deprive state judgments of finality ...'s Title VII action was barred by the doctrine of res judicata. The District Court initially ...

  • 466 U.S. 170 (1984), 82-15, Oliver v. United States

    ... impaired the vitality of the open fields doctrine of Hester v. United States , 265 U.S. 57, which ... fields doctrine should be applied in both cases to determine whether the discovery or seizure of ...New York , 445 U.S. 573 (1980). These factors are equally ...

  • __ U.S. __ (2015), 13-935, Wellness International Network, Ltd. v. Sharif

    Sharif tried to discharge a debt to Wellness in his Chapter 7 bankruptcy. Wellness argued that a trust Sharif claimed to administer was actually Sharif’s alter ego, and that its assets were part of his bankruptcy estate. The Bankruptcy Court entered default judgment against Sharif. While appeal was pending, but before briefing concluded, the Supreme Court held (Stern v. Marshall) that Article III

    ... .          (a) The foundational case supporting the adjudication of legal disputes by ... City of New York , 524 U.S. 417, 450, 118 S.Ct. 2091, 141 L.Ed.2d ...1965] contours of the " public rights" doctrine have been the source of much confusion and ...

  • 550 U.S. 330 (2007), 05-1345, United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority

    ...      (b) Carbone does not control this case. Carbone involved a flow control ordinance ...York, for respondents. With. him on the brief were ... an unsuitable basis for constitutional doctrine because they shift over time, as demonstrated by ...

  • 394 U.S. 244 (1969), 12, Desist v. United States

    ... Court for the Southern District of New York of conspiring to import and conceal heroin in ... at 351, we overruled cases holding that a search and seizure of speech ... application of new constitutional doctrine. The Court in that decision, it is said, did not ...

  • 553 U.S. 328 (2008), 06-666, Department of Revenue of Kentucky v. Davis

    ... . The judgment is reversed, and the case is remanded. . . 197 S.W.3d 557, reversed and ... States in the early 19th century: "New York City began to float [debt] securities in about ... rubric of the market participation doctrine, although the Davises say that market participant ...

  • 802 F.3d 212 (2nd Cir. 2015), 13-2844, Gonzalez v. Hasty

    Plaintiff appealed from the district court's dismissal of his claims stemming from his confinement in the Special Housing Unit of the Metropolitan Correctional Center in Manhattan, and then the Special Housing Unit of the Metropolitan Detention Center in Brooklyn, for an extended period of time, allegedly without procedural protections, and in retaliation for protected speech. The district court...

    ... Court for the Eastern District of New York (Brian M.Cogan, Judge) dismissing his First, ... that the continuing violation doctrine did not apply to any of Gonzalez's claims. We ...The SRO was further required to review the case outside of the inmate's presence for every week ...

  • 728 F.3d 1 (1st Cir. 2013), 11-1792, United States v. Wurie

    .... .           This case requires us to decide whether the police, after ...doctrine emerged from Chimel v. California, 395 U.S. ...New York, 442 U.S. 200, 213-14, 99 S.Ct. 2248, 60 L.Ed.2d ...

  • 414 U.S. 661 (1974), 72-851, Oneida Indian Nation of New York v. County of Oneida, New York

    ...Pp. 670-674.        [94 S.Ct. 775] (d) This is not a case where the underlying right or obligation arises only under state law and ...doctrine in this Court that, although fee title to the lands occupied by Indians ...

  • 445 U.S. 622 (1980), 78-1779, Owen v. City of Independence

    ...New York City Dept. of Social Services , 436 U.S. 658, to ... and rationale underlying both the doctrine whereby a municipality was held immune from tort ...Certiorari was granted, and the case was remanded for further consideration in light ...

  • 539 U.S. 113 (2003), 02-371, Virginia v. Hicks

    ... under the First Amendment's overbreadth doctrine. Pp. 539 U.S. 118,118-124.         (a) ...        The issue presented in this case is whether the Richmond Redevelopment and Housing ...343, 539 U.S. 367, 367 (2003); New York v. Ferber, 458 U.S. 747, 769, n. 24 (1982); ...

  • 553 U.S. 285 (2008), 06-694, United States v. Williams

    ... held constitutionally proscribable in New York v. Ferber , 458 U.S. 747, 102 S.Ct. 3348, 73 ...It may be difficult in some cases to determine whether the requirements have been ... to our First Amendment over breadth doctrine, a statute is facially invalid if it prohibits a ...

  • 547 U.S. 586 (2006), 04-1360, Hudson v. Michigan

    ... violence against the officers in some cases, and the destruction of evidence in others. Next ...796, 104 S.Ct. 3380, 82 L.Ed.2d 599, New York v. Harris, 495 U.S. 14, 110 S.Ct. 1640, 109 ..., misunderstands the inevitable discovery doctrine. Justice Holmes in Silverthorne, in discussing ...

  • 440 U.S. 519 (1979), 77-961, New York Telephone Co. v. New York Department of Labor

    ...Pp. 527-546.         (a) This case does not involve any attempt by the State to regulate or prohibit private ... employer," as to which the reasons underlying the preemption doctrine have their "greatest force," Sears, Roebuck & Co. v. Carpenters, 436 ...

  • 432 U.S. 197 (1977), 75-1861, Patterson v. New York

    ... the State to prove beyond a reasonable doubt its nonexistence in each case in which the fact is put in issue if, in its judgment, this would be too ...Noting that Davis "obviously establish[ed] no constitutional doctrine," 343 U.S. at 797, the Court refused to strike down the Oregon scheme, ...

  • 404 U.S. 97 (1971), 70-11, Chevron Oil Co. v. Huson

    ..., rather than the admiralty laches doctrine, and granted petitioner's motion for summary ... suing the petitioner ultimately brought his case to this Court.         The issue ...64; Guaranty Trust Co. v. York , 326 U.S. 99; Levinson v. Deupree , 345 U.S. ...

  • 539 U.S. 1 (2003), 02-306, Beneficial National Bank v. Anderson

    ... rates violated "the common law usury doctrine" and an Alabama usury statute. The complaint did ...Petitioners removed the case to Federal District Court, asserting that the ... entire debt forfeited, as authorized by New York law, stating that the various provisions of §§ ...

  • 540 U.S. 398 (2004), 02-682, Verizon Communications, Inc. v. Law Offices of Curtis V. Trinco, LLP

    ... Inc., the incumbent LEC in New York State, has signed interconnection agreements with ...The leading case imposing § 2 liability for refusal to deal with ... law the "essential facilities" doctrine crafted by some lower courts. The indispensable ...

  • __ U.S. __ (2015), 13-983, Elonis v. United States

    Elonis used the Web site Facebook to post lyrics containing graphically violent language and imagery concerning his wife, co-workers, children, and law enforcement, interspersed with disclaimers that the lyrics were “fictitious” and that Elonis was exercising his First Amendment rights. His boss fired him. His wife obtained an order of protection. Elonis’s former employer contacted the FBI. The...

    ...2159, 147 L.Ed.2d 203. In some cases, a general requirement that a defendant act ... v. New York , 383 U.S. 502, 510, 86 S.Ct. 958, 16 L.Ed.2d 56 ... tension throughout our First Amendment doctrine. We generally have not required a heightened ...

  • 393 U.S. 440 (1969), 71, Presbyterian Church in United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church

    ...The motion to dismiss was denied, and the case was submitted to the jury on the theory that ... substantial abandonment of its original doctrines, returned a verdict for respondents; the trial ...Nicholas Cathedral in New York City. The North American churches declared their ...

  • 460 F.3d 260 (2nd Cir. 2006), 05-6754, MacWade v. Kelly

    ... Raymond KELLY, Commissioner Of The New York City Police Department, and The City Of New York, ... three claims: (1) the special needs doctrine applies only in scenarios where the subject of a ... While it is true that in most special needs cases the relevant privacy interest is somewhat ...