32 Cited authorities

  1. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,322 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)
  2. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,150 times   8 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  3. Equal Employment Opportunity Commission v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,201 times   9 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII
  4. CSX Transportation, Inc. v. Easterwood

    507 U.S. 658 (1993)   Cited 929 times   3 Legal Analyses
    Holding that an express provision preempting all state laws " relating to railroad safety" was broad and would preempt state claims that cover the same subject matter
  5. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 585 times   37 Legal Analyses
    Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act
  6. Rice v. Santa Fe Elevator Corp.

    331 U.S. 218 (1947)   Cited 2,024 times   8 Legal Analyses
    Holding that the clear statement rule may be satisfied where "the Act of Congress . . . touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."
  7. Securities Exch. Com'n v. Texas Gulf

    446 F.2d 1301 (2d Cir. 1971)   Cited 137 times   7 Legal Analyses
    Finding in the securities law context that equitable “ancillary relief” may be awarded, despite the fact that the statute referenced only a “permanent or temporary injunction”
  8. Jevne v. Superior Court

    35 Cal.4th 935 (Cal. 2005)   Cited 47 times
    In Jevne, our Supreme Court reviewed NASD Code provisions relating to arbitrator impartiality and compared them to the more demanding provisions in the California Judicial Council ethical standards for arbitrators.
  9. People v. Greenberg

    127 A.D.3d 529 (N.Y. App. Div. 2015)   Cited 5 times

    2015-04-16 The PEOPLE of the State of New York, etc., Plaintiff–Respondent, v. Maurice R. GREENBERG, et al., Defendants–Appellants. Boies, Schiller & Flexner LLP, New York (Nicholas A. Gravante, Jr. of counsel), for Maurice R. Greenberg, appellant. Kaye Scholer LLP, New York (Vincent A. Sama of counsel), for Howard I. Smith, appellant. TOM Boies, Schiller & Flexner LLP, New York (Nicholas A. Gravante, Jr. of counsel), for Maurice R. Greenberg, appellant.Kaye Scholer LLP, New York (Vincent A. Sama

  10. Zuri-Invest AG v. Natwest Finance Inc.

    177 F. Supp. 2d 189 (S.D.N.Y. 2001)   Cited 15 times
    Denying motion for partial summary judgment of common-law fraud claim on preemption grounds
  11. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 835 times   28 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
  12. Section 77p - Additional remedies; limitation on remedies

    15 U.S.C. § 77p   Cited 407 times   15 Legal Analyses
    Codifying amendments to the 1933 Act
  13. Section 77r - Exemption from State regulation of securities offerings

    15 U.S.C. § 77r   Cited 176 times   7 Legal Analyses
    Recognizing state authority to regulate offerings of securities that are completely intra-state
  14. Section 59.255 - Enjoining violations; fine; appointment of receiver; attorney fees; damages to private parties

    Or. Rev. Stat. § 59.255   Cited 10 times

    (1) Whenever it appears to the Director of the Department of Consumer and Business Services that a person has engaged, is engaging or is about to engage in an act or practice constituting a violation of any provision of the Oregon Securities Law or any rule or order of the director, the director may bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with the Oregon Securities Law or

  15. Section 44-2032 - Cease and desist orders; civil penalty; injunctions; civil restitution; prosecutions for violations

    Ariz. Rev. Stat. § 44-2032   Cited 10 times
    Authorizing Commission to transmit information about securities violations to Attorney General for criminal prosecution
  16. Section 49:3-69 - Enforcement actions by bureau chief

    N.J. Stat. § 49:3-69   Cited 9 times

    (a) If it appears to the bureau chief that any person has, or directly or indirectly controls another person who has engaged in, is engaging in, or is about to engage in any act or practice constituting a violation of any provision of this act or any rule or order hereunder, or if it appears that it will be against the public interest for any person to issue, sell, offer for sale, purchase, offer to purchase, promote, negotiate, advertise or distribute any securities from or within this State, the

  17. Section 21.20.390 - Injunction, cease and desist order, restraining order, mandamus-Appointment of receiver or conservator for insolvent-Restitution or damages-Costs-Accounting

    Wash. Rev. Code § 21.20.390   Cited 6 times

    Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the director may in his or her discretion: (1) Issue an order directing the person to cease and desist from continuing the act or practice and to take appropriate affirmative action within a reasonable period of time, as prescribed by the director, to correct conditions resulting from the act or practice

  18. Section 517.191 - Injunction to restrain violations; civil penalties; enforcement by Attorney General

    Fla. Stat. § 517.191   Cited 4 times   1 Legal Analyses

    (1) When it appears to the office, either upon complaint or otherwise, that a person has engaged or is about to engage in any act or practice constituting a violation of this chapter or a rule or order hereunder, the office may investigate; and whenever it shall believe from evidence satisfactory to it that any such person has engaged, is engaged, or is about to engage in any act or practice constituting a violation of this chapter or a rule or order hereunder, the office may, in addition to any

  19. Section 23-42-209 - Injunction, mandamus, or other ancillary relief

    Ark. Code § 23-42-209   Cited 2 times

    (a) (1) (A) Whenever it appears to the Securities Commissioner, upon sufficient grounds or evidence satisfactory to the commissioner, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, except the provisions of § 23-42-509, or any rule or order under this chapter, including any order issued under § 23-42-509, the commissioner may summarily order the person to cease and desist from the act or practice. (B) Upon the entry

  20. §71-1-603. Civil enforcement

    Okla. Stat. tit. 71, § 1-603   Cited 2 times

    A. If the Administrator believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this act or a rule adopted or order issued under this act or constituting a dishonest or unethical practice or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this act or a rule adopted or order issued under this act or a dishonest or unethical practice, the