law of the case doctrine new york

54092 results for law of the case doctrine new york

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  • 551 U.S. 193 (2007), 06-134, Permanent Mission of India to the United Nations v. City of New York

    ... to establish the liens' validity, but petitioners removed the cases to federal court, where they argued that they were immune under the ... the District Court's decision under the collateral order doctrine, a unanimous panel of the Court of Appeals for the Second Circuit ...

  • __ 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 ...

  • 430 U.S. 327 (1977), 75-1397, Juidice v. Vail

    ...YORK.         Syllabus. ... in Younger and Huffman apply to a case in which the State's contempt process is ... consideration'" behind the Younger doctrine of nonintervention lay not in the fact that the ...

  • 482 U.S. 691 (1987), 86-80, New York v. Burger

    ...         This case presents the question whether the warrantless search of an automobile ...doctrine, stating the reduced expectation of privacy by an owner of commercial ...

  • 616 F.3d 158 (2nd Cir. 2010), 09-3361-cv, Chloe v. Queen Bee of Beverly Hills, LLC

    ... on the brief), Kalow & Springut, L.L.P., New York", NY, for Plaintiffs-Appellants Chloé, et al. . \xC2"... of the district court and remand the case for further proceedings.           I. ... Court's ‘ stream of commerce’ doctrine...

  • 770 F.2d 202 (D.C. Cir. 1985), 83-1997, Sanchez-Espinoza v. Reagan

    ...         Peter Weiss, New York City, of the Bar of the Supreme Court of New ... to dismiss, primarily on the ground that the case presented a nonjusticiable political question. ..., we choose not to resort to that doctrine for most of the claims. Since we find other bases ...

  • 542 U.S. 630 (2004), 02-1183, United States v. Patane

    ... of the fruit of the poisonous tree doctrine of. Wong Sun v. United States , 371 U.S. 471, ...      The judgment is reversed, and the case is remanded. .        304 F.3d 1013, ...298, 105 S.Ct. 1285, 84 L.Ed.2d 222,. New York v. Quarles, 467 U.S. 649, 104 S.Ct. 2626, 81 ...

  • 514 U.S. 927 (1995), 94-5707, Wilson v. Arkansas

    ..., constitutional provisions, statutes, and cases espousing or supporting the knock and announce .... . as . . . did form the law of [New York on April 19, 1775] shall be and continue the law ... Semayne's Case itself indicates that the doctrine may be traced to a statute enacted in 1275, and ...

  • __ U.S. __ (2015), 13-1175, City of Los Angeles v. Patel

    The city of Los Angeles requires hotel operators to record and keep specific information about their guests on the premises for a 90-day period, “available to any officer of the Los Angeles Police Department for inspection . . . at a time and in a manner that minimizes any interference with the operation of the business.” Violation is a criminal misdemeanor. In a facial challenge to the...

    ... Sibron v. New York , 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917, ...v. Casey , 505 U.S. 833, 112 S.Ct. 2791, 120 L.Ed.2d 674. ... under the general administrative search doctrine, the City and JUSTICE SCALIA contend that hotels ...

  • 589 F.3d 94 (2nd Cir. 2009), 08-5250-cv, Lynch v. City of New York

    ... Fourth Amendment scrutiny under the so-called " special needs" doctrine. See Palladino v. City of N.Y., No. 07 Civ. 9246, 2008 WL 4539503 ... . (summarizing the recent case law of the Supreme Court and this Circuit addressing the " special needs" ...

  • 564 U.S. 786 (2011), 08-1448, Brown v. Entm't Merchs. Ass'n

    ... June 27, 2011 .          Case Below: Video Software Dealers Ass'n v. ... 176 L.Ed.2d 435. Unlike the New York law upheld in. Ginsberg v. New York, 390 ... another's doctrine." Winters v. New. York, 333 U.S. 507, 510, ...

  • 523 U.S. 1 (1998), 96-7171, Spencer v. Kemna

    ... because it no longer presents an Article III case or controversy. Pp. 7-18. ... Sibron v. New York, 392 U.S. 40, 55-56. However, in Lane v. ... within the exception to the mootness doctrine for cases that are "capable of repetition, yet ...

  • 564 U.S. 685 (2011), 10-235, CSX Transportation, Inc. v. McBride

    ... June 23, 2011 .          Case Below: McBride v. CSX Transp., Inc., 598 F.3d 388 ... predictability" that the doctrine of statutory stare. decisis aims to ensure. ... v. New York Central R. Co., 382 F.2d 524,. 527 (CA6 ...

  • 468 U.S. 420 (1984), 83-710, Berkemer v. McCarty

    ... from the task of scrutinizing individual cases to determine, after the fact, whether particular ... interrogation for the purposes of the doctrine" enunciated in Miranda? .         I.  \xC2"... See New York v. Uplinger , 467 U.S. 246, 251 (1984) (STEVENS, ...

  • 512 U.S. 374 (1994), 93-518, Dolan v. City of Tigard

    ... DOLAN . v. . CITY OF TIGARD . Case No. 93-518 . United States Supreme Court . ...doctrine of "unconstitutional conditions," the government ...Co. v. New York City, 438 U.S. 104, 127 (1978) (" '[A] use ...

  • 595 F.3d 151 (3rd Cir. 2010), 09-1205, United States v. Shenandoah

    ... that SORNA violated the Non-Delegation Doctrine, the Administrative Procedure Act, the Ex Post ...Shenandoah, a New York resident, was convicted of third degree rape in ...           Most right to travel cases, however, focus on the Constitutionality of a ...

  • 491 U.S. 324 (1989), 88-449, Healy v. Beer Institute, Inc.

    ... the bordering States of Massachusetts, New York, and Rhode Island. Appellees, a brewers' trade ...-of-state shippers) 2 post bottle, can, and case prices for. . each brand of beer to be sold in ...Today the Court applies the doctrine of that case to invalidate a Connecticut statute ...

  • 857 F.2d 96 (3rd Cir. 1988), 86-5778, Nanavati v. Burdette Tomlin Memorial Hosp.

    ...1988) . 1988-2 Trade Cases 68,208, 12 Fed.R.Serv.3d 146, . 3 ...York Hospital, 745 F.2d 786 (3d Cir.1984), cert. ... .         Recognizing this doctrine is, of course, only the beginning; the harder ...

  • 520 U.S. 681 (1997), 95-1853, Clinton v. Jones

    ...4372 . CLINTON . v. . JONES . Case No. 95-1853 . United States Supreme Court . ... that is itself consistent with both the doctrine of Presidential immunity as set forth in ..." 3 Association of the Bar of the City of New York, Lectures on Legal Topics 105 (1926). We ...

  • 538 U.S. 644 (2003), 01-188, Pharmaceutical Research and Mfrs. of America v. Walsh

    ...As the case comes to this Court, the question is whether ... to the Secretary under the legal doctrine of "primary jurisdiction," which seeks to produce ... are pursuing "common purposes," New York State Dept. of Social Servs. v. Dublino, 413 ...

  • __ U.S. __ (2015), 13-720, Kimble v. Marvel Entertainment, LLC

    Marvel Entertainment’s corporate predecessor agreed to purchase Kimble’s patent for a Spider-Man toy in exchange for a lump sum plus a 3% royalty on future sales. The agreement set no end date for royalties. As the patent neared the end of its statutory 20-year term, Marvel discovered Brulotte v. Thys Co., in which the Supreme Court held that a patentee cannot continue to receive royalties for...

    ... Brulotte 's bright-line rule in favor of a case-by-case approach based on antitrust law's " rule ...3-7. .          (b) The doctrine of stare decisis provides that today's Court ...City of New York , 524 U.S. 417, 440, 118 S.Ct. 2091, 141 L.Ed.2d ...

  • 466 U.S. 558 (1984), 82-1474, Hoover v. Ronwin

    ... liability under the state action doctrine of Parker v. Brown , 317 U.S. 341. The District ...Pp. 567-569.         (b) In this case, the actions of the Committee with regard to the ...679 (1978); Silver v. New York...

  • 496 U.S. 128 (1990), 88-7164, Horton v. California

    ... limitation on the "plain view" doctrine was not binding because it was contained in a ... of the State's plain view argument in that case. Rather, the first limitation -- that plain view ...Olson, 495 U.S. 91 (1990); Payton v. New York , 445 U.S. 573 (1980). 8 See Brief for the ...

  • 402 U.S. 183 (1971), 203, McGautha v. California

    ... power to pronounce life or death in capital cases violates any provision of the Constitution. Pp. ... See Williams v. New York , 337 U.S. 241, 251-252 (1949). Even in ... to be known as the "void for vagueness" doctrine. It is sometimes suggested that in holding a ...

  • 414 F.3d 325 (2nd Cir. 2005), 03-9049, Finance One Public Co. Ltd. v. Lehman Bros. Special Financing, Inc.

    ...Hurley, on the brief), New York, NY, for Defendant-Appellant-Cross-Appellee. ..., as LBSF implies, to demonstrate that its case would be lost were the court to apply forum law. ... York (without reference to choice of law doctrine). . .         LBSF argues that the ...