82 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,821 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Neder v. United States
527 U.S. 1 (1999) Cited 4,950 times 31 Legal Analyses
Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
List v. Driehaus
573 U.S. 149 (2014) Cited 1,956 times 12 Legal Analyses
Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge
Kontrick v. Ryan
540 U.S. 443 (2004) Cited 1,665 times 5 Legal Analyses
Holding that time limit for objection in bankruptcy proceedings is not jurisdictional but instead a claim-processing rule
Ankenbrandt v. Richards
504 U.S. 689 (1992) Cited 1,848 times 1 Legal Analyses
Holding that divorce, alimony, and child custody decrees fall under "domestic relations exception" to federal courts' subject matter jurisdiction
Gustafson v. Alloyd Co.
513 U.S. 561 (1995) Cited 997 times 10 Legal Analyses
Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering
Ocasio-Hernández v. Fortuño-Burset
640 F.3d 1 (1st Cir. 2011) Cited 2,137 times 1 Legal Analyses
Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929
Thomas v. Union Carbide Agric. Products Co.
473 U.S. 568 (1985) Cited 1,257 times 5 Legal Analyses
Holding that a challenge to a statutory system of arbitration was ripe because the plaintiffs' "injury [was] not a function of whether the [arbitration] tribunal awards reasonable compensation but of the tribunal's authority to adjudicate the dispute"
Pacific Gas Elec. v. Energy Resources Comm'n
461 U.S. 190 (1983) Cited 1,172 times
Holding "that the promotion of nuclear power is not to be accomplished ‘at all costs’ "
Central Va. Comm. College v. Katz
546 U.S. 356 (2006) Cited 477 times 21 Legal Analyses
Holding that "those who crafted the Bankruptcy Clause" understood it to "operat[e] free and clear of the State's claim of sovereign immunity"
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 345,715 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,637 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,716 times 210 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 105 - Power of court
11 U.S.C. § 105 Cited 9,428 times 73 Legal Analyses
Granting the court powers as appropriate to carry out the Code
Section 363 - Use, sale, or lease of property
11 U.S.C. § 363 Cited 7,087 times 155 Legal Analyses
Granting trustee authority, after notice and hearing, to sell property of estate
Section 1129 - Confirmation of plan
11 U.S.C. § 1129 Cited 4,328 times 104 Legal Analyses
Requiring payment of property whose "value, as of the effective date of the plan" equals or exceeds the value of the creditor's claim
Section 109 - Who may be a debtor
11 U.S.C. § 109 Cited 4,043 times 34 Legal Analyses
Allowing municipal bankruptcy only if specifically authorized by state law
Section 1123 - Contents of plan
11 U.S.C. § 1123 Cited 1,842 times 46 Legal Analyses
Recognizing that a Chapter 11 plan may "provide for the sale of all or substantially all of the property of the estate, and the distribution of the proceeds of such sale" to creditors
Section 361 - Adequate protection
11 U.S.C. § 361 Cited 1,060 times 18 Legal Analyses
In § 361(3), by contrast, the relief pending the stay need only be such " as will result in the realization... of the indubitable equivalent" of the collateral.
Section 901 - Applicability of other sections of this title
11 U.S.C. § 901 Cited 127 times 1 Legal Analyses
Excluding application of 11 U.S.C. § 1104

Brigade Leveraged Capital Structures Fund Ltd. et al v. The Government Development Bank For Puerto Rico

82 Cited authorities

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge

Holding that time limit for objection in bankruptcy proceedings is not jurisdictional but instead a claim-processing rule

Holding that divorce, alimony, and child custody decrees fall under "domestic relations exception" to federal courts' subject matter jurisdiction

Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929

Holding that a challenge to a statutory system of arbitration was ripe because the plaintiffs' "injury [was] not a function of whether the [arbitration] tribunal awards reasonable compensation but of the tribunal's authority to adjudicate the dispute"

Holding "that the promotion of nuclear power is not to be accomplished ‘at all costs’ "

Holding that "those who crafted the Bankruptcy Clause" understood it to "operat[e] free and clear of the State's claim of sovereign immunity"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Granting the court powers as appropriate to carry out the Code

Granting trustee authority, after notice and hearing, to sell property of estate

Requiring payment of property whose "value, as of the effective date of the plan" equals or exceeds the value of the creditor's claim

Allowing municipal bankruptcy only if specifically authorized by state law

Recognizing that a Chapter 11 plan may "provide for the sale of all or substantially all of the property of the estate, and the distribution of the proceeds of such sale" to creditors

In § 361(3), by contrast, the relief pending the stay need only be such " as will result in the realization... of the indubitable equivalent" of the collateral.

Excluding application of 11 U.S.C. § 1104