§Why CasetextPricing

Motorola Credit Corporation, Appellant-Respondent, Nokia Corporation, Plaintiff-Counter- Defendant, Motorola, Inc., et al., Counter-Defendants,v.Standard Chartered Bank, Respondent-Appellant, Murat Hakan Uzan, et al., Defendants-Counter- Claimants, Kemal Uzan, et al., Defendants.

Brief

72 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,585 times   236 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,455 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  3. U.S. v. Philadelphia Nat. Bank

    374 U.S. 321 (1963)   Cited 768 times   16 Legal Analyses
    Holding that products and services offered by commercial banks constituted cluster market

  4. City of Pontiac Policemen's & Firemen's Retirement System v. UBS AG

    752 F.3d 173 (2d Cir. 2014)   Cited 390 times   12 Legal Analyses
    Holding that "[i]t is well-established that general statements about ... integrity" are "too general" to be material

  5. Kirschner v. KPMG LLP

    2010 N.Y. Slip Op. 7415 (N.Y. 2010)   Cited 313 times   8 Legal Analyses
    Noting the "fundamental principle that ... the acts of agents, ... while acting within the scope of their authority are presumptively imputed to their principals"

  6. Sonera Holding B.V. v. Çukurova Holding A.S.

    750 F.3d 221 (2d Cir. 2014)   Cited 244 times   4 Legal Analyses
    Holding that a corporation's contacts with New York did not “come close to making it ‘at home' there” even though the corporation solicited business from two New York-based funds, among other contacts that the corporation had with New York

  7. Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd.

    585 F.3d 58 (2d Cir. 2009)   Cited 215 times   3 Legal Analyses
    In Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., 585 F.3d 58 (2d Cir. 2009), we determined that under New York law "EFTs are neither the property of the originator nor the beneficiary while briefly in the possession of an intermediary bank."

  8. Commonwealth of the N. Mariana Islands v. Canadian Imperial Bank of Commerce

    2013 N.Y. Slip Op. 3018 (N.Y. 2013)   Cited 116 times   2 Legal Analyses
    Holding that the phrase “possession or custody” in § 5225(b) requires actual, and not merely constructive, possession

  9. Koehler v. Bank of Bermuda

    2009 N.Y. Slip Op. 4297 (N.Y. 2009)   Cited 124 times   14 Legal Analyses
    Holding that a New York court with personal jurisdiction over a defendant may order him to turn over out-of-state property regardless of whether the defendant is a judgment debtor or a garnishee

  10. Arbegast v. Board of Educ

    65 N.Y.2d 161 (N.Y. 1985)   Cited 228 times   1 Legal Analyses
    Adopting the common law definition of implied assumption of risk, and citing treatises: Prosser, Law of Torts, at 442 (4th ed.); Schwartz, Comparative Negligence § 9.2; Comparative Negligence Law Practice § 4.20(b) (Matthew Bender); Restatement (Second) of Torts § 496(b)

  11. Section 9 - Award of arbitrators; confirmation; jurisdiction; procedure

    9 U.S.C. § 9   Cited 3,527 times   19 Legal Analyses
    Providing that a court considering a motion to confirm "must grant" confirmation "unless the award is vacated ... as prescribed in"

  12. Section 201 - Enforcement of Convention

    9 U.S.C. § 201   Cited 1,397 times   20 Legal Analyses
    Providing that the New York Convention "shall be enforced in United States courts in accordance with [other provisions of the FAA]"

  13. Section 301 - Enforcement of Convention

    9 U.S.C. § 301   Cited 90 times   1 Legal Analyses
    Providing for enforcement of the Inter-American Convention in the United States

  14. Section 1650a - Arbitration awards under the Convention

    22 U.S.C. § 1650a   Cited 47 times
    Providing that "pecuniary obligations imposed by an award ... shall be given the same full faith and credit as if the award were a final judgment of a court of general jurisdiction of one of the several States"

  15. Section 606 - When superintendent may take possession of banking organization; when possession may be surrendered

    N.Y. Banking Law § 606   Cited 33 times

    1. The superintendent may, in his discretion, forthwith take possession of the business and property of any banking organization whenever it shall appear that such banking organization: (a) Has violated any law; (b) Is conducting its business in an unauthorized or unsafe manner; (c) Is in an unsound or unsafe condition to transact its business; (d) Cannot with safety and expediency continue business; (e) Has an impairment of its capital; or, in the case of a mutual savings and loan association or

  16. Section 461 - Reserve requirements

    12 U.S.C. § 461   Cited 27 times   7 Legal Analyses
    Establishing "reserve requirements"

  17. Section 4-A-502 - Creditor Process Served on Receiving Bank; Set Off by Beneficiary's Bank

    N.Y. U.C.C. Law § 4-A-502   Cited 26 times

    (1) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account. (2) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the

  18. Section 3102 - Establishment of Federal branches and agencies by foreign bank

    12 U.S.C. § 3102   Cited 14 times   2 Legal Analyses
    Setting forth application and approval requirements before a foreign bank can establish and operate a Federal branch or agency in any State

  19. Section 347 - Advances to member banks on their notes

    12 U.S.C. § 347   Cited 7 times

    Any Federal reserve bank may make advances for periods not exceeding fifteen days to its member banks on their promissory notes secured by the deposit or pledge of bonds, notes, certificates of indebtedness, or Treasury bills of the United States, or by the deposit or pledge of debentures or other such obligations of Federal intermediate credit banks which are eligible for purchase by Federal reserve banks under section 350 of this title, or by the deposit or pledge of bonds issued under the provisions

  20. Section 3105 - Authority of Federal Reserve System

    12 U.S.C. § 3105   Cited 7 times
    Extending the authority of the Federal Reserve Board to federal and state branches and agencies operated by foreign banks

  21. Section 204.1 - Authority, purpose and scope

    12 C.F.R. § 204.1   Cited 6 times

    (a)Authority. This part is issued under the authority of section 19 (12 U.S.C. 461 et seq.) and other provisions of the Federal Reserve Act and of section 7 of the International Banking Act of 1978 (12 U.S.C. 3105 ) . (b)Purpose. This part relates to reserve requirements imposed on depository institutions for the purpose of facilitating the implementation of monetary policy by the Federal Reserve System. (c)Scope. (1) The following depository institutions are required to maintain reserves in accordance

  22. Section 230.902 - Definitions

    17 C.F.R. § 230.902   Cited 4 times   2 Legal Analyses

    As used in Regulation S, the following terms shall have the meanings indicated. (a)Debt securities. "Debt securities" of an issuer is defined to mean any security other than an equity security as defined in § 230.405 , as well as the following: (1) Non-participatory preferred stock, which is defined as non-convertible capital stock, the holders of which are entitled to a preference in payment of dividends and in distribution of assets on liquidation, dissolution, or winding up of the issuer, but

  23. Section 201.1 - Authority, purpose and scope

    12 C.F.R. § 201.1   Cited 4 times

    (a)Authority. This part is issued under the authority of sections 10A, 10B, 11(i), 11(j), 13, 13A, 14(d), and 19 of the Federal Reserve Act (12 U.S.C. 248(i)-(j) , 343 et seq., 347a, 347b, 347c, 348 et seq., 357, 374, 374a, and 461). (b)Purpose and scope. This part establishes rules under which a Federal Reserve Bank may extend credit to depository institutions and others. Except as otherwise provided, this part applies to United States branches and agencies of foreign banks that are subject to reserve