law of the case doctrine new york

53974 results for law of the case doctrine new york

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  • 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 ...

  • __ 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. ...

  • 403 U.S. 443 (1971), 323, Coolidge v. New Hampshire

    ...         and, on the facts of this case, a warrantless search and seizure of the car ...There is nothing in search-incident doctrine (as opposed to the special rules for automobiles ... Berger v. New York , 388 U.S. 41, 70 (1967) (BLACK, J., dissenting); ...

  • 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., ...

  • 553 U.S. 723 (2008), 06-1195, Boumediene v. Bush

    ... in the District Court, which ordered the cases dismissed for lack of jurisdiction because ...-American system, the Court adopted the doctrine of territorial incorporation, under which the ...City of New York, 524 U.S. 417, 450, 118 S.Ct. 2091, 141 L.Ed.2d ...

  • 783 F.2d 776 (9th Cir. 1986), 83-2455, Quinn v. Robinson

    ...         This case requires us to examine the parameters of a ... analyze the various underpinnings of the doctrine, trace its development in the lower courts and ... Court for the Southern District of New York has recently rejected portions of the Eain ...

  • 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). ...

  • 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 ...

  • 538 U.S. 343 (2003), 01-1107, Virginia v. Black

    ...Consolidating all three cases, the Virginia Supreme Court held that the ...By September 1921, the New York World newspaper documented 152 acts of Klan ... of social, economic and political doctrine which a vast majority of its citizens believes to ...

  • 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, ...

  • 547 U.S. 189 (2006), 04-1618, Northern Ins. Co. of New York v. Chatham County, Georgia

    ...Moreover, certiorari was granted in this case premised on the conclusion that the County is not an arm of the State for .... . is the doctrine...

  • 505 U.S. 144 (1992), 91-543, New York v. United States

    ...         This case implicates one of our Nation's newest problems of public policy, and ... presented to be nonjusticiable under the "political question" doctrine. See, e.g., City of Rome v. United States , 446 U.S. 156, 182, n. 17 ...

  • 470 U.S. 298 (1985), 83-773, Oregon v. Elstad

    ... a broad application of the "fruits" doctrine that requires exclusion as "fruit of the ... prohibits use by the prosecution in its case in chief only of compelled testimony, and failure ...As the Court noted last Term in New York v. Quarles , 467 U.S. 649, 654 (1984) (footnote ...

  • 556 U.S. 928 (2009), 08-660, United States ex rel. Eisenstein v. City of New York

    ...Because petitioner's time for filing a notice of appeal in this case". was therefore 30 days, his appeal was untimely. Pp. 2233-2237.    \xC2"...Under the collateral-order doctrine recognized by this Court in Cohen v. Beneficial Industrial Loan Corp., 337 ...

  • 350 U.S. 198 (1956), 49, Bernhardt v. Polygraphic Co. of America, Inc.

    ...The contract had been made in New York, where both parties resided at the time, and ... arising under state law, and make the doctrine of Erie R. Co. v. Tompkins , 304 U.S. 64, ...202-204.         3. If, in this case, arbitration could not be compelled in the ...

  • 721 F.2d 894 (3rd Cir. 1983), 83-5101, Novosel v. Nationwide Ins. Co.

    ...doctrine of employment-at-will. 2 Once the common-law ... to those propounded by appellant in this case. 3 Already 29 states have granted some form of ...New York, 198 U.S. 45, 25 S.Ct. 539, 49 L.Ed. 937 (1905) ...

  • 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 ...

  • 527 U.S. 41 (1999), 97-1121, Chicago v. Morales

    ... v. . MORALES et al. . Case No. 97-1121 . United States Supreme Court . ... on their face under two different doctrines. [ 18 ] First, the overbreadth doctrine permits ... and internal quotation marks omitted)); New York . . v. Ferber, 458 U.S. 747, 769, n. 24 ...

  • 388 U.S. 130 (1967), 37, Curtis Publishing Co. v. Butts

    ... the defense's new trial motion based on New York Times Co. v. Sullivan , 376 U.S. 254 (which was ... filing of the complaint in and trial of this case), holding that decision. . inapplicable to one ... based on the prevailing constitutional doctrine expressed in New York Times Co. v. Sullivan , ...

  • __ U.S. __ (2015), 13-485, Comptroller of Treasury of Maryland v. Wynne

    Maryland has a “state” income tax, Md. Tax-Gen. Code 10–105(a), and a “county” income tax, sections 10–103, 10–106. Residents who pay income tax to another jurisdiction for income earned in that other jurisdiction get a credit against the state tax but not the county tax. Nonresidents who earn income from Maryland sources must pay the state income tax; nonresidents not subject to the county tax...

    ... .          (b) The result in this case is all but dictated by this Court's dormant ...1260, 92 L.Ed. 1633 (1948), New York sought to tax the portion of a domiciliary bus ... read as a renunciation by this Court of doctrines previously announced in our opinions after full ...

  • 52 F.3d 1373 (6th Cir. 1995), 94-6271, Performance Unlimited, Inc. v. Questar Publishers, Inc.

    ...         This is a case of first impression in this circuit involving the ...v. Coca-Cola Bottling Co. of New York, 749 F.2d 124 (2d Cir.1984) (per curiam), the ... court's application of the unclean hands doctrine." Northeast Women's Center, Inc. v. McMonagle, ...

  • 510 U.S. 266 (1994), 92-833, Albright v. Oliver

    ... ALBRIGHT . v. . OLIVER et al. . Case No. 92-833 . United States Supreme Court . ...437, 445(1992) (quoting  Patterson v. New York,  432 U.S. 197, 202(1977)). With respect to the ... We are, nonetheless, required by "[t]he doctrine of judicial self-restraint . . . to exercise the ...

  • 491 U.S. 58 (1989), 87-1207, Will v. Michigan Department of State Police

    ... not a person under § 1983, and remanded the case for a determination of the Director's possible ...Moreover, the doctrine of sovereign immunity is one of the well ...This Court's ruling in Monell v. New York City Dept. of Social Services , 436 U.S. 658 -- ...

  • 547 U.S. 398 (2006), 05-502, Brigham City, Utah v. Stuart

    ... to trigger the "emergency aid doctrine" because it did not give rise to an objectively ...          In this case we consider whether police may enter a home ...New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d ...

  • 395 U.S. 653 (1969), 56, Lear, Inc. v. Adkins

    ... obligations in 1959, and that the doctrine of estoppel barred Lear from questioning the ... patent validity in the courts, and, in this case, Lear must be permitted to avoid payment of all ... had jurisdiction to determine whether a New York tax was an unconstitutional burden on interstate ...