law of the case doctrine new york

54347 results for law of the case doctrine new york

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  • 725 F.3d 65 (2nd Cir. 2013), 10-4135-cv (L), In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

    ... $104.69 million judgment for the City of New York, the New York City Water Board, and the New York ...The case was selected to serve as a bellwether trial in ...In an early expression of the doctrine, the Court endorsed a narrow view: that federal ...

  • 394 U.S. 332 (1969), 109, Snyder v. Harris

    .... . ." The issue presented by these two cases is whether separate and distinct claims presented ... a change in this jurisdictional doctrine. Under old Rule 23, class actions were divided ... E.g., New York Life Ins. Co. v. Viglas , 297 U.S. 672 (1936). ...

  • 517 U.S. 370 (1996), 95-26, Markman v. Westview Instruments, Inc.

    .... WESTVIEW INSTRUMENTS, INC., et al. . Case No. 95-26 . United States Supreme Court . ... . . New York & Erie R. Co., supra, at 100; Hogg v. Emerson, ... to, and does not, trench upon the doctrine that the construction of written instruments is ...

  • 531 U.S. 32 (2000), 99-1030, Indianapolis v. Edmond

    ...But if this case were to rest at such a high level of generality, ...See, e. g., New York v. Burger, 482 U.S. 691, 702-704 (1987) ...        The "special needs" doctrine, which has been used to uphold certain ...

  • __ U.S. __ (2017), 15-1262, Cooper v. Harris

    North Carolina redrew Congressional Districts 1 and 12 after the 2010 census. Previously, neither district had a majority black voting-age population (BVAP), but both consistently elected candidates preferred by most African-American voters. The state needed to add 100,000 people to District 1 to comply with the one-person-one-vote principle; it took most of them from heavily black areas of...

    ... .          This. case concerns North Carolina's redrawing of two. ... also Hernandez v. New York, 500. U.S. 352, 369, 111 S.Ct. 1859, 114 ... does not bar the present case under the doctrine. of res judicata, see ante, at ___, ___, ...

  • 690 F.3d 78 (2nd Cir. 2012), 11-61, Liranzo v. United States

    ... Attorney for the Eastern District of New York, Brooklyn, NY, for Defendant-Appellee. . ... the government's motion to dismiss the case for lack of subject matter jurisdiction because, ... instance" " precisely which [State] law doctrine" applie[d].\" Id. at 48, 76 S.Ct. 122.     \xC2"...

  • 474 U.S. 64 (1985), 84-6270, Green v. Mansour

    ... respondent's motions to dismiss in each case, the District Court held that the changes in ...New York City Dept. of Social Services , 436 U.S. 658 ... view that the Court's Eleventh Amendment doctrine "lacks a textual anchor [in the Constitution], a ...

  • 605 F.3d 223 (3rd Cir. 2010), 09-2237, Mayer v. Belichick

    ...), Skadden, Arps, Slate, Meagher & Flom, New York", NY, for Appellee National Football League. .  \xC2"...          This highly unusual case was filed by a disappointed football fan and ... court did further " limit the common law doctrine by proscribing exclusions that violate public ...

  • 521 F.3d 169 (2nd Cir. 2008), 06-5324, In re World Trade Center Disaster Site Litigation

    ... v. . The City of New York and its Contractors, Amec Construction ... do not fall under the collateral order doctrine. We have jurisdiction over the appeal of the ...2007).          The cases originated in state court, but Defendants removed ...

  • 427 U.S. 539 (1976), 75-817, Nebraska Press Assn. v. Stuart

    ...        [96 S.Ct. 2794] 1. The case is not moot simply because the order has expired, ... an order restraining publication bears, New York Times Co. v. United States , 403 U.S. 713, 714 ... application of the constructive contempt doctrine. Cf. n. 5, supra at 557; see generally ...

  • 568 F.2d 830 (2nd Cir. 1977), 361, Gates v. Henderson

    ... .         Jesse Berman, New York City, for petitioner-appellant. ... they were taken of the defendant in this case, we raise objection not to the fact that they are ... systems of justice and erosion of the doctrine of federalism. 7 See id. at 491 n. 31, 96 S.Ct. ...

  • 280 U.S. 234 (1929), United Railways and Electric Company of Baltimore v. West

    ... will constitute a fair return in a given case is not capable of exact mathematical ...But acceptance of the doctrine of Smyth v. Ames does not require that the ... Board of Public Utility Comm'rs v. New York Tel. Co. , 271 U.S. 23, 27. And they have ...

  • 476 U.S. 79 (1986), 84-6263, Batson v. Kentucky

    ... Court observed that recently, in another case, it had relied on Swain v. Alabama , 380 U.S. ...187, 195 (1946); McCray v. New York, 461 U.S. 961, 968 (1983) (MARSHALL, J., ... on a constitutional question, is a doctrine that demands respect in a society governed by the ...

  • 346 U.S. 156 (1953), 391, Stein v. New York

    ... issue, as of every other issue, when the prosecution has made a case to go to the jury, an accused must choose between the disadvantage from ...         We are not willing to discredit constitutional doctrines for protection of the innocent by making of them mere. . technical ...

  • 565 U.S. 625 (2012), 10-879, Kurns v. Railroad Friction Products Corp.

    George Corson and his wife sued respondents, claiming injury from Corson's exposure to asbestos in locomotives and locomotive parts distributed by respondents. The Corsons alleged state-law claims of defective design and failure to warn of the dangers posed by asbestos. After Corson died, his wife was substituted as a party. Respondents removed the case to the Federal District Court, which...

    ... a party. Respondents removed the case to the Federal District. Court, which ... " special force of the doctrine of stare. decisis with regard to questions ... from a field. See, e.g. New York State. Dept. of Social Serus. v. Dublino, ...

  • 550 U.S. 1 (2007), 05-1342, Watters v. Wachovia Bank, N.A.

    ... to Congress in the Constitution, New York v. United States, 505 U.S. 144, 156, 112 S.Ct. ... part in the consideration or decision of the case. .           COUNSEL . ... contracts conflicted with a state-court doctrine...

  • __ U.S. __ (2015), 13-1499, Williams-Yulee v. Florida Bar

    Florida voters elect judges. The Florida Supreme Court adopted Canon 7C(1) of its Code of Judicial Conduct, stating that judicial candidates “shall not personally solicit campaign funds . . . but may establish committees of responsible persons” to raise money for election campaigns. Yulee mailed and posted online a letter soliciting financial contributions to her campaign for judicial office. The

    ... of supporters, a judge in deciding cases may not follow the preferences of his supporters ... previously said, I view this Court's doctrine referring to tiers of scrutiny as guidelines ... of the Constitution of the State of New York 672 (1846). The Court should not now presume ...

  • 381 F.3d 407 (5th Cir. 2004), 03-50608, McCarthy ex rel. Travis v. Hawkins

    ...' motion in part, concluding that the doctrine of Ex parte Young, 209 U.S. 123, 28 S.Ct. ..., I would hold that the plaintiffs in this case ("the Plaintiffs") have failed to establish a ... 67 (1984) (quoting Ex parte State of New York, 256 U.S. 490, 497, 41 S.Ct. 588, 65 L.Ed. 1057 ...

  • 531 U.S. 457 (2001), 99-1257, Whitman v. American Trucking Assn.

    .... Case No. 99-1257 . United States Supreme Court . ... itself) violated the non-delegation doctrine. Id., at 1038. We disagree.          ...'s power to regulate airwaves); New York Central Securities Corp. v. United States, 287 ...

  • 428 U.S. 465 (1976), 74-1055, Stone v. Powell

    ... Held: Where the State, as in each of these cases, has provided an opportunity for full and fair ... See Adams v. New York,. . 192 U.S. 585 (1904). 19 In Weeks, the ... overruling this judicially contrived doctrine -- or limiting its scope to egregious, bad-faith ...

  • 455 U.S. 624 (1982), 80-1240, Lane v. Williams

    ... set aside and to plead anew, and this case would not then be moot. Such relief would free ...Neither the doctrine that an attack on a criminal conviction is not ...On the basis of New York law, we noted that,. [i]n consequence of [the ...

  • 449 U.S. 302 (1981), 79938, Allstate Ins. Co. v. Hague

    ... to prohibit the choice of law result in this case" on constitutional grounds. Pp. 313-317.     \xC2"... . in Texas against a New York reinsurer. Neither the Mexican insurer nor the ... to the wooden lex loci delicti doctrine. While the place of the accident is a factor to ...

  • 296 F.3d 76 (2nd Cir. 2002), 01-7914, Pearl v. City of Long Beach

    ..., Tolmage, Peskin, Harris & Falick, New York, N.Y. (Jonathan C. Moore, New York, NY; William ...         The criminal case. The Nassau County prosecutor charged Pearl with ... Posner has identified two "tolling doctrines": "equitable estoppel" and "equitable tolling." ...

  • 358 U.S. 613 (1959), 56, United New York and New Jersey Sandy Hook Pilots

    ..., the Court of Appeals erred in holding that the circumstances of this case" were such as to impose liability under that doctrine. Pp. 615-618.    \xC2"...

  • 52 F.3d 463 (2nd Cir. 1995), 423, Stagl v. Delta Airlines, Inc.

    ...Peck (Downing & Mehrtens, P.C., New York City), for appellee.         Before: ...Indeed, as this case in part demonstrates, the concept of intervening ... underlying the former assumption of risk doctrine survive in a very limited area, and may serve to ...