§Why CasetextPricing

In Re Linn Energy, LLC

Appellee's BRIEF

36 Cited authorities

  1. Landreth Timber Co. v. Landreth

    471 U.S. 681 (1985)   Cited 450 times   7 Legal Analyses
    Holding that "the Howey test ... appl[ies]" when a court must determine whether an instrument is one commonly known as a security

  2. Trans-Spec Truck v. Caterpillar

    524 F.3d 315 (1st Cir. 2008)   Cited 635 times
    Holding that filing of motion to amend eleven months after deadline established by scheduling order was unjustifiable, absent issues of estoppel

  3. Clark v. Johnson

    202 F.3d 760 (5th Cir. 2000)   Cited 677 times   2 Legal Analyses
    Holding § 2254(e) not applicable when petitioner's request for investigation funds and evidentiary hearing were denied

  4. Crosby v. Louisiana Health Service and Indem. Co.

    647 F.3d 258 (5th Cir. 2011)   Cited 341 times   3 Legal Analyses
    Reversing trial court's denial of discovery into completeness of the record

  5. In re Telegroup, Inc.

    281 F.3d 133 (3d Cir. 2002)   Cited 275 times   1 Legal Analyses
    Holding shareholder claims for breach of provision in stock purchase agreement were properly subordinated

  6. Carrieri v. Jobs.com Inc.

    393 F.3d 508 (5th Cir. 2004)   Cited 141 times
    Holding that claimant's right to redeem stock was an equity security

  7. In re Geneva Steel Co.

    281 F.3d 1173 (10th Cir. 2002)   Cited 125 times
    Holding that when a statute's plain meaning is ambiguous, courts may seek guidance from legislative intent and statutory purpose

  8. Enron Creditors Recovery Corp. v. ALFA, S.A.B. DE C.V.

    651 F.3d 329 (2d Cir. 2011)   Cited 92 times   17 Legal Analyses
    Holding that early redemption payments of commercial paper are “settlement payments” within the meaning of § 741 and thus protected by the safe harbor provision of § 546(e) and that nothing in the text of § 741 or the Bankruptcy Code support a purchase or sale requirement

  9. Caviata Attached Homes, LLC v. U.S. Bank, National Ass'n (In re Caviata Attached Homes, LLC)

    481 B.R. 34 (B.A.P. 9th Cir. 2012)   Cited 76 times
    Affirming dismissal of the subsequent chapter 11 because the "changed circumstances were not unforeseeable"

  10. In re Seaquest Diving, LP

    579 F.3d 411 (5th Cir. 2009)   Cited 73 times   1 Legal Analyses
    Finding that an argument for remand based on material fact issues was waived because a party stipulated before the bankruptcy court that there were no genuine issues of material fact

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,773 times   214 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  13. Rule 7012 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings

    Fed. R. Bankr. P. 7012   Cited 4,749 times   4 Legal Analyses
    Adopting Fed.R.Civ.P. 12(c)

  14. Rule 9014 - Contested Matters

    Fed. R. Bankr. P. 9014   Cited 4,016 times   6 Legal Analyses
    Omitting Bankruptcy Rule 7023 from the list of bankruptcy rules that are automatically applicable to contested matters

  15. Section 510 - Subordination

    11 U.S.C. § 510   Cited 1,706 times   23 Legal Analyses
    Seeking equitable subordination of pending punitive damages awards to the claims of unsecured creditors

  16. Section 151 - Classes and series of stock; redemption; rights

    Del. Code tit. 8 § 151   Cited 85 times
    Requiring board approval of certificate of designations of preferred stock