27 Cited authorities

Shaw v. Delta Air Lines, Inc.
463 U.S. 85 (1983) Cited 3,509 times 18 Legal Analyses
Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans
Webster v. Doe
486 U.S. 592 (1988) Cited 745 times
Holding § 701 barred statutory but not constitutional claims of discrimination
Maracich v. Spears
570 U.S. 48 (2013) Cited 309 times 3 Legal Analyses
Rejecting literal reading of Driver's Privacy Protection Act that would create exception for solicitation by lawyers
Barnett Bank of Marion County, N.A. v. Nelson
517 U.S. 25 (1996) Cited 486 times 21 Legal Analyses
Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes
Ashcroft v. American Civil Liberties Union
542 U.S. 656 (2004) Cited 334 times 5 Legal Analyses
Holding unconstitutional statute criminalizing indecent Internet speech, which was designed for protection of children, because its reach encompassed constitutionally protected speech between adults
Johnson v. Robison
415 U.S. 361 (1974) Cited 787 times
Holding that provision barring review of "`decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans'" did not bar constitutional challenge
Puerto Rico v. Franklin Cal. Tax-Free Tr.
136 S. Ct. 1938 (2016) Cited 179 times 10 Legal Analyses
Holding that, when the "statute 'contains an express pre-emption clause,' we do not invoke any presumption against pre-emption but instead 'focus on the plain wording of the clause, which necessarily contains the best evidence of Congress' pre-emptive intent'"
In re Sonnax Industries, Inc.
907 F.2d 1280 (2d Cir. 1990) Cited 552 times 4 Legal Analyses
Holding that denial of relief from stay is equivalent to a permanent injunction "and is thus a final order," and criticizing the view that finality determinations in relief from stay matters should be determined on a case-by-case basis
In re Chesnut
422 F.3d 298 (5th Cir. 2005) Cited 189 times
Holding that automatic stay applies to all property "arguably" owned by the debtor, even if it is later determined that the debtor did not own the property
N.Y. Progress & Prot. Pac v. Walsh
733 F.3d 483 (2d Cir. 2013) Cited 139 times
Holding that an aggregate limit on an individual's contributions is unconstitutional as applied to contributions to groups for independent expenditures
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,369 times 174 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 1129 - Confirmation of plan
11 U.S.C. § 1129 Cited 4,324 times 102 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 903 - Reservation of State power to control municipalities
11 U.S.C. § 903 Cited 57 times 4 Legal Analyses
Providing that "a State law prescribing a method of composition of indebtedness of such municipality may not bind any creditor that does not consent to such composition"

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

27 Cited authorities

Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

Holding § 701 barred statutory but not constitutional claims of discrimination

Rejecting literal reading of Driver's Privacy Protection Act that would create exception for solicitation by lawyers

Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes

Holding unconstitutional statute criminalizing indecent Internet speech, which was designed for protection of children, because its reach encompassed constitutionally protected speech between adults

Holding that provision barring review of "`decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans'" did not bar constitutional challenge

Holding that, when the "statute 'contains an express pre-emption clause,' we do not invoke any presumption against pre-emption but instead 'focus on the plain wording of the clause, which necessarily contains the best evidence of Congress' pre-emptive intent'"

Holding that denial of relief from stay is equivalent to a permanent injunction "and is thus a final order," and criticizing the view that finality determinations in relief from stay matters should be determined on a case-by-case basis

Holding that automatic stay applies to all property "arguably" owned by the debtor, even if it is later determined that the debtor did not own the property

Holding that an aggregate limit on an individual's contributions is unconstitutional as applied to contributions to groups for independent expenditures

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

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

Providing that "a State law prescribing a method of composition of indebtedness of such municipality may not bind any creditor that does not consent to such composition"