law of the case doctrine new york

54634 results for law of the case doctrine new york

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  • 457 U.S. 537 (1982), 80-1608, United States v. Johnson

    ...          Payton v. New York , 445 U.S. 573, held that the Fourth Amendment ...While his case was still pending on direct appeal, Payton was ..., the Court's "ambulatory retroactivity doctrine," id. at 681, conflicts with the norm of ...

  • 720 F.2d 266 (3rd Cir. 1983), 79-2576, Rennie v. Klein

    ...Levy, Mental Patients' Rights Project, New York Civil Liberties Union, New York City, for amici ... constitutional standards which governed the case of a mentally retarded patient who claimed the ... of the least intrusive means doctrine, it should be apparent that in application our ...

  • 412 U.S. 94 (1973), 71-863, Columbia Broadcasting System, Inc. v. Democratic National Committee

    ... meet the requirements of the Fairness Doctrine. The FCC rejected the Fairness Doctrine ... would inevitably implicate the FCC in a case-by-case determination of who should be heard and ... be uninhibited, robust, and wide-open." New York Times Co. v. Sullivan , 376 U.S. 254, 270 (1964); ...

  • 513 U.S. 30 (1994), 93-1197, Hess v. Port Authority Trans-Hudson Corporation

    ... subsidiary of the Port Authority of New York and New Jersey (Port Authority or Authority), an ...The Third Circuit consolidated the cases and summarily affirmed. That court's assessment ... the other—not truly a constitutional doctrine at all—based on prudential considerations of ...

  • 181 U.S. 283 (1901), 226, Fairbank v. United States

    ...Those who apply the rule to particular cases must of necessity expound and interpret that ... safely take his goods to the City of New York and be sure of finding a stable and reliable ... acted upon this as sound and reasonable doctrine, .         citing, among other cases, ...

  • 533 U.S. 289 (2001), 00-767, INS v. St. Cyr

    ... to decide a pure question of law, as in this case, petitioner Immigration and Naturalization ... our jurisprudence, and embodies a legal doctrine centuries older than our Republic. Elementary ...1836) (New York); 3 id., at 658 (Virginia); 4 id., at 243 ...

  • __ U.S. __ (2016), 14-1095, Musacchio v. United States

    Musacchio resigned as president of ETS in 2004, but with help from the former head of ETS’s information-technology department, he accessed ETS’s computer system without authorization through early 2006. In 2010, Musacchio was indicted under 18 U.S.C. 1030(a)(2)(C), which makes it a crime if a person “intentionally accesses a computer without authorization or exceeds authorized access” and thereby

    ... addresses whether the Government's case was strong enough. to reach the jury. A ... the law-of-the-case doctrine. See 590 Fed. Appx., at 362-363. That ... Commissioner of Police of City of New York, 245 U.S. 128, 135, 38 S.Ct. 41, 62 L.Ed. ...

  • 11 U.S. 116 (1812), The Schooner Exchange v. Mcfaddon

    ....         The case was this--on the 24th of August, 1811, John ...5. Suppose a British frigate lying at New York, and one of her seaman should escape and libel ... the practice of nations is against his doctrine.  It is evident that the alludes to a practice ...

  • 461 U.S. 352 (1983), 81-1320, Kolender v. Lawson

    ... action against them, and remanded the case to the District Court for trial. . ... generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal ...New York, 442 U.S. 200, 214, 99 S.Ct. 2248, 2257, 60 ...

  • 468 U.S. 897 (1984), 82-1771, United States v. Leon

    ... so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting ...Hass , 420 U.S. 714 (1975); Harris v. New York , 401 U.S. 222 (1971). A similar assessment of ...), and cases involving the harmless error doctrine, compare Milton v. Wainwright , 407 U.S. 371, ...

  • 530 U.S. 428 (2000), 99-5525, Dickerson v. United States

    ... both Miranda and two of its companion cases applied its rule to proceedings in state courts, ...g., New York v. Quarles, 467 U.S. 649. No constitutional rule ... to apply the traditional "fruits" doctrine developed in Fourth Amendment cases, stated that ...

  • 472 U.S. 749 (1985), 83-18, Dun & Bradstreet, Inc. v. Greenmoss Builders

    ... presumed and punitive damages in defamation cases absent a showing of "actual malice" does not ... Amendment protection as contemplated by New York Times [Co. v. Sullivan, 376 U.S. 254 (1964),] ... about extending the "commercial speech" doctrine beyond this narrowly circumscribed category of ...

  • 22 U.S. 1 (1824), Gibbons v. Ogden

    ... acts of the Legislature of the State of New-York, granting to Robert R. Livingston and Robert ... of him that he should make out a clear case; and unless he did so, he did not hope for a ...         This doctrine of a general concurrent power in the States, is ...

  • 446 U.S. 478 (1980), 79-424, Board of Regents v. Tomanio

    ...York statutes requiring that chiropractic ... rules are binding rules of law in most cases. This "borrowing" of the state statute of ... both the statute of limitations and the doctrine of estoppel by judgment barred respondent's ...

  • 330 U.S. 518 (1947), 206, Koster v. (American) Lumbermens Mutual Casualty Co.

    ...In the circumstances of this case, a federal district court in New York was ed in applying the doctrine of forum non conveniens and dismissing a ...

  • 566 U.S. 189 (2012), 10-699, Zivotofsky v. Clinton

    ...The District Court. dismissed the case, holding that it presented a. ....Ed.2d 426] Held: The political question doctrine. does not bar judicial review of ... Mayor of New York, 92 U.S. 259, 270-271, 23 L.Ed. 543 (1876). ...

  • 521 U.S. 702 (1997), 96-110, Washington v. Glucksberg

    ...v. Casey, 505 U.S. 833, and Cruzan v. Director, Mo. ... would have to reverse centuries of legal doctrine and practice, and strike down the considered ...See generally Marzen 17-56; New York State Task Force on Life and the Law, When Death ...

  • 556 U.S. 247 (2009), 07-581, 14 Penn Plaza LLC v. Pyett

    ... within the building-services industry in New York City, which includes building cleaners, porters, ... Gardner-Denver line of cases. Respondents incorrectly interpret. ... lower courts erred in relying on the "doctrine of election of remedies" to bar the employee's ...

  • 401 U.S. 667 (1971), 36, Mackey v. United States

    ...case, here on collateral review, the judgment should ... of the Court's "retroactivity" doctrine, which came into being somewhat less than six ....          Piccirillo v. New York , 400 U.S. 548, 558 (1971) (BRENNAN, J., ...

  • 478 F.3d 76 (2nd Cir. 2007), 06-0182, Jenkins v. City of New York

    ...The district court held that the fruit of the poisonous tree doctrine is a rule of evidence, applicable only in criminal trials and cannot be ...Simonetti, 202 F.3d 625, 634 (2d Cir.2000) (collecting cases). Therefore, Jenkins' federal false arrest claim turns on whether the ...

  • 138 F.3d 46 (2nd Cir. 1998), 96-9244, Marcus v. AT&T Corp.

    ..., Milberg Weiss Bershad Hynes & Lerach, New York City, Janine L. Pollack, New York City, on the ..., the Marcus appellants moved to remand the case to state court. AT & T then moved to dismiss the ... rule is the "complete preemption" doctrine, which has been explained as follows:. On ...

  • 398 U.S. 375 (1970), 175, Moragne v. States Marine Lines, Inc.

    ....         We brought this case here to consider whether The Harrisburg, 119 U.S. ... into this century--the felony-merger doctrine. See Pollock, supra, at 52--57; Holdsworth, The ...Life Ins. Co. v. New York & N.H.R. Co., 25 Conn. 265, 272--273 (1856); ...

  • 556 U.S. 129 (2009), 07-9712, Puckett v. United States

    ....         (a) In federal criminal cases, Rule 51(b) instructs parties how to preserve ...This Court's decision in Santobello v. New York , 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427, ... not all plea breaches will satisfy the doctrine's four prongs. Pp. 1429–1433. . 505 F.3d 377, ...

  • 523 U.S. 574 (1998), 96-827, Crawford-El v. Britton

    ... things, that in an unconstitutional-motive case, a plaintiff must establish motive by clear and ... protected speech), the substantive legal doctrine on which the plaintiff relies may facilitate ... be unconstitutional prior restraint); New York Times Co. v. United States, 403 U.S. 713 ...

  • 476 U.S. 467 (1986), 84-1923, Bowen v. City of New York

    ... Congress' intent in enacting § 405(g), and, on the facts of this case, the equities are in favor of tolling. Tolling serves the Act's purpose ...We decline to hold that the doctrine of equitable tolling is so limited. When application of the doctrine is ...