52 Cited authorities

Stern v. Marshall
564 U.S. 462 (2011) Cited 3,753 times 72 Legal Analyses
Holding that a litigant forfeited a statutory right, noting the litigant "does not explain why" the relevant "statutory limitation may not be . . . waived"
Butner v. United States
440 U.S. 48 (1979) Cited 4,394 times 17 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
United States v. Bestfoods
524 U.S. 51 (1998) Cited 1,421 times 22 Legal Analyses
Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
DiFolco v. MSNBC Cable L.L.C.
622 F.3d 104 (2d Cir. 2010) Cited 2,397 times
Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"
Roth v. Jennings
489 F.3d 499 (2d Cir. 2007) Cited 1,399 times
Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
Southern New England Telephone v. Global Naps
390 F. App'x 44 (2d Cir. 2010) Cited 715 times 1 Legal Analyses
Holding that "a clear statement from Congress is required before we conclude that a statute withdraws the original jurisdiction of the district courts"
Fletcher v. Atex, Inc.
68 F.3d 1451 (2d Cir. 1995) Cited 791 times 2 Legal Analyses
Holding that the inclusion of descriptions of the parent-subsidiary relationship and the parent company's logo in the subsidiary's promotional literature did not justify piercing the corporate veil to reach the parent
Wm. Passalacqua Builders v. Resnick Developers
933 F.2d 131 (2d Cir. 1991) Cited 650 times 1 Legal Analyses
Holding that attachment suits are actions at law for Seventh Amendment purposes because they primarily seek money damages
Ball v. A.O. Smith Corp.
451 F.3d 66 (2d Cir. 2006) Cited 290 times
Holding that factual determinations in sanctions decision collaterally estopped debtor from contesting factual predicate for bankruptcy court's determination that sanctions debt was non-dischargeable because it arose from debtor's "willful and malicious injury" to another
In re Winstar Comm
554 F.3d 382 (3d Cir. 2009) Cited 226 times 6 Legal Analyses
Holding that a person need not be in "actual control" of the debtor to be an insider
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,459 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,772 times 214 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 547 - Preferences
11 U.S.C. § 547 Cited 8,137 times 85 Legal Analyses
Seeking to avoid preferential transfers
Section 550 - Liability of transferee of avoided transfer
11 U.S.C. § 550 Cited 4,490 times 30 Legal Analyses
Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers
Section 230.405 - [Effective 7/1/2024] Definitions of terms
17 C.F.R. § 230.405 Cited 351 times 12 Legal Analyses
Defining control the same way
Section 240.13d-5 - Acquisition of beneficial ownership
17 C.F.R. § 240.13d-5 Cited 82 times 2 Legal Analyses
Defining beneficial ownership by individuals outside the "group" context

Capmark Financial Group Inc. et al v. Goldman Sachs Credit Partners L.P. et al

52 Cited authorities

Holding that a litigant forfeited a statutory right, noting the litigant "does not explain why" the relevant "statutory limitation may not be . . . waived"

Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

Holding that "a clear statement from Congress is required before we conclude that a statute withdraws the original jurisdiction of the district courts"

Holding that the inclusion of descriptions of the parent-subsidiary relationship and the parent company's logo in the subsidiary's promotional literature did not justify piercing the corporate veil to reach the parent

Holding that attachment suits are actions at law for Seventh Amendment purposes because they primarily seek money damages

Holding that factual determinations in sanctions decision collaterally estopped debtor from contesting factual predicate for bankruptcy court's determination that sanctions debt was non-dischargeable because it arose from debtor's "willful and malicious injury" to another

Holding that a person need not be in "actual control" of the debtor to be an insider

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Seeking to avoid preferential transfers

Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

Defining control the same way

Defining beneficial ownership by individuals outside the "group" context