§Why CasetextPricing

J.P. Morgan Securities Inc., et al., Appellants,v.Vigilant Insurance Company, et al., Respondents.

Brief

117 Cited authorities

  1. Securities & Exchange Commission v. First Jersey Securities, Inc.

    101 F.3d 1450 (2d Cir. 1996)   Cited 1,231 times   5 Legal Analyses
    Holding that owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received

  2. Bank of the West v. Superior Court

    2 Cal.4th 1254 (Cal. 1992)   Cited 1,376 times   8 Legal Analyses
    Holding that policy terms must be read in their "ordinary and popular sense"

  3. Ryan v. New York Tel. Co.

    62 N.Y.2d 494 (N.Y. 1984)   Cited 1,610 times   1 Legal Analyses
    Holding that for an issue to be deemed identical “it must be the point actually to be determined in the second action or proceeding such that a different judgment in the second would destroy or impair rights or interests established by the first.”

  4. Biondi v. Beekman Hill House Apartment Corp.

    257 A.D.2d 76 (N.Y. App. Div. 1999)   Cited 565 times
    Holding that although a summary judgment motion presumes the facts to be true and accorded every favorable inference, allegations consisting of bare legal conclusions, as well as factual claims either inherently incredible or flatly contradicted by documentary evidence, are not entitled to such consideration

  5. Biondi v. Beekman Hill House Apartment

    94 N.Y.2d 659 (N.Y. 2000)   Cited 460 times
    Holding that nothing in the plaintiff's conduct could be construed as “being undertaken in good faith, for a purpose ‘reasonably believed’ to be in the best interests of [the defendant]” where the plaintiff intentionally denied a sublease application on the basis of race and “knowingly exposed” the defendant to liability under the civil rights laws

  6. Garner v. Correctional Servs

    2008 N.Y. Slip Op. 3947 (N.Y. 2008)   Cited 248 times
    Holding that post-release supervision imposed by anyone other than a judge violates New York state law

  7. Lipsky v. Com. United Corp.

    551 F.2d 887 (2d Cir. 1976)   Cited 579 times
    Holding that references to a complaint in a separate action against the defendant by the SEC were properly stricken from the plaintiff's complaint where the case was not actually adjudicated

  8. Weedo v. Stone-E-Brick, Inc.

    81 N.J. 233 (N.J. 1979)   Cited 492 times   12 Legal Analyses
    Holding "business risk" provision was unambiguous and enforceable

  9. S.E.C. v. Cavanagh

    445 F.3d 105 (2d Cir. 2006)   Cited 219 times   1 Legal Analyses
    Holding that an action for accounting of defendant's profits under the Lanham Act is equitable in nature

  10. Securities & Exchange Commission v. First City Financial Corp.

    890 F.2d 1215 (D.C. Cir. 1989)   Cited 351 times   5 Legal Analyses
    Holding that remedy of disgorgement may be ordered in an amount "causally related" to the wrongdoing "but disgorgement may not be used punitively"

  11. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,735 times   69 Legal Analyses
    Adopting the definition set out in the APA

  12. Section 78o - Registration and regulation of brokers and dealers

    15 U.S.C. § 78o   Cited 976 times   52 Legal Analyses
    Requiring broker-dealers to be FINRA members

  13. Section 202.5 - Enforcement activities

    17 C.F.R. § 202.5   Cited 182 times   8 Legal Analyses
    Explaining that "the disposition of any ... matter [in a civil action brought by the SEC] may not, expressly or impliedly, extend to any criminal charges that have been, or may be, brought against any such person" because the SEC does not have the "authority or responsibility," which are "vested in the [DOJ]"

  14. Section 201.240 - Settlement

    17 C.F.R. § 201.240   Cited 5 times

    (a)Availability. Any person who is notified that a proceeding may or will be instituted against him or her, or any party to a proceeding already instituted, may, at any time, propose in writing an offer of settlement. (b)Procedure. An offer of settlement shall state that it is made pursuant to this section; shall recite or incorporate as a part of the offer the provisions of paragraphs (c) (4) and (5) of this section; shall be signed by the person making the offer, not by counsel; and shall be submitted

  15. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation