law of the case doctrine new york

54634 results for law of the case doctrine new york

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  • 485 U.S. 505 (1988), 94, South Carolina v. Baker

    ... under the Tenth Amendment and the doctrine of intergovernmental tax immunity. A Special ...In this case, South Carolina has not even alleged that it was ...In Graves v. New York ex rel. O'Keefe , 306 U.S. 466 (1939), the Court ...

  • 536 U.S. 639 (2002), 00-1751, Zelman v. Simmons-Harris

    ..., consistent with the Mueller line of cases, and thus constitutional. It is neutral in all ... Nyquist involved a New York program that gave a package of benefits ... . the modern era of establishment doctrine. The Court stated the principle in words from ...

  • 546 U.S. 356 (2006), 04-885, Central Virginia Community College v. Katz

    ...at 451, 124 S.Ct. 1905. In this case, a proceeding commenced by respondent Bankruptcy ...at 448-449, 124 S.Ct. 1905 (discussing New York v. Irving Trust Co., 288 U.S. 329, 53 S.Ct. ... abrogation, and it is "settled doctrine" that nothing in Article I of the Constitution ...

  • 785 F.3d 498 (11th Cir. 2015), 12-12928, United States v. Davis

    Defendant appealed the denial of his motion to suppress evidence after being convicted of several counts of Hobbs Act robbery, conspiracy and knowing possession of a firearm in furtherance of a crime of violence. At issue was whether the court order authorized by the Stored Communications Act, 18 U.S.C. 2703(d), compelling the production of a third-party telephone company's business records...

    ..., American Civil Liberties Union of New York State (NYCLU), New York, NY; Maria Kayanan, ACLU ... and for the last ten years had worked with cases involving cell tower location information. He had ...The longstanding third-party doctrine plainly controls the disposition of this case. 12 ...

  • 514 U.S. 334 (1995), 93-986, McIntyre v. Ohio Elections Comm'n

    ... more lenient than is appropriate in a case of this kind. Although  Talley  concerned a ...  New York, 333 U.S. 507, 510 (1948), 'there is practically ... . would "reverse the important doctrine  of the freedom of the press,  " whose "truth" ...

  • 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 ...

  • 473 U.S. 432 (1985), 84-468, City of Cleburne, Texas v. Cleburne Living Center, Inc.

    ...Requiring the permit in this case appears to rest on an irrational prejudice ... (1985) (WHITE, J.) (quoting Liverpool, New York & Philadelphia S.S. Co. v. Commissioners of ...101, 105 (1944) ("If there is one doctrine more deeply rooted than any other in the process ...

  • 60 U.S. 393 (1857), Dred Scott v. Sandford

    ... March 06, 1857 . .         THIS case was brought up, by writ of error, from the ... Missouri, and the defendant a citizen of New York. .         The defendant pleaded in ... acted according to the then established doctrines and principles, and in the ordinary language of ...

  • 47 U.S. 344 (1848), New Jersey Steam Nav. Co. v. Merchant's Bank Of Boston

    ...D. 1839, in the city of New York, by William F. Harnden, of Boston, Massachusetts, ... or bills of lading, to be given in all cases for goods, wares, and merchandise, and other ....         The undoubted doctrine of the common law courts, since these statutes at ...

  • 529 U.S. 765 (2000), 98-1828, Vermont Agency of Natural Resources v. United States ex rel. Stevens

    ... v. . UNITED STATES ex rel. STEVENS . Case No. 98-1828 . United States Supreme Court . ...' standing, however, is found in the doctrine that the assignee of a claim has standing to ...1692), reprinted in 1 Colonial Laws of New York 279, 281 (1894) (allowing informers to sue for, ...

  • 542 U.S. 466 (2004), 03-334, Rasul v. Bush

    ... respondents' primary submission that these cases are controlled by Eisentrager's holding that a ..., Center for Constitutional Rights, New York, NY, John J. Gibbons, Gitanjali S. Gutierrez ...'s constitutional analysis, since the doctrine of constitutional avoidance underlay its ...

  • 550 U.S. 124 (2007), 05-380, Gonzales v. Carhart

    ...v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L.Ed.2d 674, ... requirements of the void-for-vagueness doctrine. First, it provides doctors "of ordinary ... Court for the Southern District of New York also considered the constitutionality of the Act. ...

  • __ U.S. __ (2014), 13-354, Burwell v. Hobby Lobby Stores, Inc.

    ... .          In these cases, the owners of three closely held for-profit ... or limited by the tenets of a religious doctrine fall comfortably within the understanding of the ... [A]ppellants have not contended that the New York law in any way coerces them as individuals in the ...

  • 369 U.S. 186 (1962), 6, Baker v. Carr

    ...         Because we deal with this case on appeal from an order of dismissal granted on ... has long been recognized and is accepted doctrine that there are indeed some rights guaranteed by ...355. And see companion cases from the New York Court of Appeals and the Missouri Supreme Court, ...

  • 654 F.3d 11 (D.C. Cir. 2011), 09-7125, Doe v. Exxon Mobil Corp.

    ...' non-federal tort claims, and remand the cases" to the district court.           I. . \xC2"... and abetting is an ancient criminal law doctrine," . . id. at 181, 114 S.Ct. 1439, " when ... KENT, COMMENTARIES ON AMERICAN LAW 189 (New York 8th ed. 1854) (hereinafter " KENT'S COMMENTARIES" ...

  • 522 U.S. 118 (1997), 96-792, Kalina v. Fletcher

    ... such conduct is not protected by the doctrine of absolute prosecutorial immunity. Pp. 123-131. ...409, 410, 430-431, and subsequent cases recognize that a criminal prosecutor is fully ...Vacco of New York, Heidi Heitkamp of North Dakota, W. A. Drew ...

  • 424 U.S. 1 (1976), 75-436, Buckley v. Valeo

    ...case or controversy," since the complaint discloses ..., the Conservative Party of the State of New York, the Mississippi Republican Party, the ... that term must be construed within the doctrine of separation of powers. ...

  • 38 U.S. 230 (1839), Hennen, In Re

    ... are set forth in the report of the preceding case, with others. .         The additional ....         Such are the doctrines promulgated by the learned judge.  How far they ...and Rawle, 211. .         In New York, the Supreme Court has indeed assumed a general ...

  • 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, ...

  • 94 U.S. 113 (1877), Munn v. People Of State Of Illinois

    ... bearing upon the questions involved in this case, are as follows:---- .         'SECTION ...Iowa, 18 Wall. 129; City of New York v. Miln, 11 Pet. 102. .         2. These ... wines, they be not, according to the doctrine of Lord Hale, obliged to limit themselves to a ...

  • 478 U.S. 186 (1986), 85-140, Bowers v. Hardwick

    ... rights announced in this Court's prior cases involving family relationships, marriage, or ...113, 117 (1973), quoting Lochner v. New York , 198 U.S. 45, 76 (1905) (Holmes, J., ... law beyond its conformity to religious doctrine. See, e.g., McGowan v. Maryland , 366 U.S. 420, ...

  • 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 ...

  • 438 U.S. 645 (1978), 77-285, California v. United States

    ...546, from imposing conditions in this case that are not inconsistent with congressional ... land quickly realized that the riparian doctrine of water rights that had served well in the humid ... Mr. RAY of New York. Do you say there is nothing in this bill that ...

  • 524 U.S. 742 (1998), 97-569, Burlington Industries, Inc. v. Ellerth

    .... v. . ELLERTH . Case No. 97-569 . United States Supreme Court . ..., who in turn answered to Slowik in New York.         Against a background of ... from tort law the avoidable consequences doctrine, see Ford Motor Co. v. EEOC, 458 U.S. 219, 231, ...

  • 371 U.S. 415 (1963), 5, National Association for the Advancement

    ... reservation to the disposition of the entire case by the state courts. A state trial court held the ... formed in 1909 and incorporated under New York law as a nonprofit membership corporation in ... be squared with accepted constitutional doctrine in the domain of state regulatory power over the ...