47 Cited authorities

Bridge v. Phoenix Bond & Indem. Co.
553 U.S. 639 (2008) Cited 1,140 times 7 Legal Analyses
Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
Zenith Radio Corp. v. Hazeltine Research
401 U.S. 321 (1971) Cited 2,555 times 5 Legal Analyses
Holding that Clayton Act claims "accrue[] and the statute begins to run when a defendant commits an act that injures a plaintiff's business"
EBC I, Inc. v. Goldman, Sachs & Co.
5 N.Y.3d 11 (N.Y. 2005) Cited 2,145 times 1 Legal Analyses
Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales
Lerner v. Fleet Bank, N.A.
318 F.3d 113 (2d Cir. 2003) Cited 488 times 1 Legal Analyses
Holding that lack of statutory standing under RICO "is not jurisdictional in nature . . . but is rather an element of the merits addressed under a Fed.R.Civ.P. 12(b) motion for failure to state a claim"
Pinto v. Allstate Ins. Co.
221 F.3d 394 (2d Cir. 2000) Cited 403 times
Holding that for purposes of deciding a summary judgment motion, the court must "resolv[e] all ambiguities and draw[] all inferences in favor of the non-moving party"
Bankers Trust Co. v. Rhoades
859 F.2d 1096 (2d Cir. 1988) Cited 430 times
Holding that a RICO injury does not occur until it becomes clear that a loan will not be repaid
Pereira v. Farace
413 F.3d 330 (2d Cir. 2005) Cited 165 times 1 Legal Analyses
Holding that Great-West impacted Seventh Amendment analysis of restitution as legal or equitable remedy
Federal Trade Commission v. Verity International, Ltd.
443 F.3d 48 (2d Cir. 2006) Cited 148 times 3 Legal Analyses
Holding that "because the availability of restitution under § 13(b) of the FTC Act, to the extent it exists, derives from the district court's equitable jurisdiction, it follows that the district court may award only equitable restitution"
Manufacturers Hanover Trust Co. v. Chemical Bank
160 A.D.2d 113 (N.Y. App. Div. 1990) Cited 221 times 1 Legal Analyses
Holding funds identifiable where “[plaintiff] effected a wire transfer to [defendant] of a specific sum, $223,280.74, to be credited to a specific account”
Hotel 71 Mezz Lender LLC v. Falor
2010 N.Y. Slip Op. 1348 (N.Y. 2010) Cited 115 times
Holding that defendants' "precarious financial condition" and the lack of marketability of their property interests warranted the appointment of a receiver
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,235 times 43 Legal Analyses
Granting civil remedies for RICO violation
Rule 64 - Seizing a Person or Property
Fed. R. Civ. P. 64 Cited 1,575 times 7 Legal Analyses
Granting federal courts authority to use state law remedies for seizing property
Section 6201 - Grounds for attachment
N.Y. CPLR 6201 Cited 692 times
Setting forth grounds for prejudgment attachment under New York law
Section R6212 - Motion papers; undertaking; filing; demand; damages
N.Y. C.P.L.R. § 6212 Cited 345 times
Undertaking required on motion for an order of attachment as security for costs and damages, including reasonable attorney's fees
Section 6210 - Order of attachment on notice; temporary restraining order; contents
N.Y. C.P.L.R. § 6210 Cited 48 times
Upon a motion on notice for an order of attachment, the court may, without notice to the defendant, grant a temporary restraining order prohibiting the transfer of assets by a garnishee as provided in subdivision (b) of section 6214. The contents of the order of attachment granted pursuant to this section shall be as provided in subdivision (a) of section 6211. N.Y. CPLR 6210

Chevron Corporation v. Donziger et al

47 Cited authorities

Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

Holding that Clayton Act claims "accrue[] and the statute begins to run when a defendant commits an act that injures a plaintiff's business"

Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales

Holding that lack of statutory standing under RICO "is not jurisdictional in nature . . . but is rather an element of the merits addressed under a Fed.R.Civ.P. 12(b) motion for failure to state a claim"

Holding that for purposes of deciding a summary judgment motion, the court must "resolv[e] all ambiguities and draw[] all inferences in favor of the non-moving party"

Holding that a RICO injury does not occur until it becomes clear that a loan will not be repaid

Holding that Great-West impacted Seventh Amendment analysis of restitution as legal or equitable remedy

Holding that "because the availability of restitution under § 13(b) of the FTC Act, to the extent it exists, derives from the district court's equitable jurisdiction, it follows that the district court may award only equitable restitution"

Holding funds identifiable where “[plaintiff] effected a wire transfer to [defendant] of a specific sum, $223,280.74, to be credited to a specific account”

Holding that defendants' "precarious financial condition" and the lack of marketability of their property interests warranted the appointment of a receiver

Granting civil remedies for RICO violation

Granting federal courts authority to use state law remedies for seizing property

Setting forth grounds for prejudgment attachment under New York law

Undertaking required on motion for an order of attachment as security for costs and damages, including reasonable attorney's fees