§Why CasetextPricing

Dexia SA/NV et al v. Bear, Stearns & Co., Inc. et al

MEMORANDUM OF LAW in Support re: [11] MOTION to Remand to State Court.. Document

27 Cited authorities

  1. In re Methyl Tertiary

    488 F.3d 112 (2d Cir. 2007)   Cited 388 times
    Holding that even if Congress and the Environmental Protection Agency expected defendants to use MTBE, defendants were unable to show they were "acting under federal officers when they added MTBE, and not some approved alternative, to their reformulated gasoline"

  2. Parmalat Capital Finance v. Bank of America

    639 F.3d 572 (2d Cir. 2011)   Cited 153 times   1 Legal Analyses
    Holding that it was "not difficult to conclude that the ‘conceivable effect’ test is satisfied" in an action brought by a trustee under state law to recover assets for a bankruptcy estate

  3. Corporacion Venezolana de Fomento v. Vintero

    629 F.2d 786 (2d Cir. 1980)   Cited 245 times
    Holding that an Edge Act bank engaged in "international or foreign" banking when it provided a letter of credit for the benefit of a New York corporation on a Venezuelan corporation's account

  4. In re Manville Forest Products Corp.

    209 F.3d 125 (2d Cir. 2000)   Cited 133 times
    Holding that where a contract gives a right to payment that arose before the filing of the petition, it is a claim dischargeable in bankruptcy

  5. In re Fairfield Sentry Ltd., et al. Litigation

    458 B.R. 665 (S.D.N.Y. 2011)   Cited 85 times   2 Legal Analyses
    Holding that unjust enrichment claim was a state law claim not created by federal bankruptcy law

  6. Bank of America Corp. v. Lemgruber

    385 F. Supp. 2d 200 (S.D.N.Y. 2005)   Cited 87 times
    Holding that the absentee is not necessary because its interest will be adequately protected by existing parties in the litigation who have invoked the same rights that the absentee would invoke

  7. In re Chateaugay Corp.

    213 B.R. 633 (S.D.N.Y. 1997)   Cited 80 times
    Relying on Local Loan Co. v. Hunt, 292 U.S. 234

  8. Caggiano v. Pfizer Inc.

    384 F. Supp. 2d 689 (S.D.N.Y. 2005)   Cited 34 times
    Granting remand motion where complaint alleged state law tort claims in connection with defendant drug companies' alleged marketing of prescription drug for off-label use; although complaint alleged that defendants' off-label promotion "violated various federal statutes and regulations," "these contextual allegations . . . are not enough to confer federal jurisdiction . . . [because] [t]he factual allegations set forth in the complaint state claims under New York law regardless of whether any federal law has been violated"

  9. Bank of New York v. Bank of America

    853 F. Supp. 736 (S.D.N.Y. 1994)   Cited 51 times
    Holding that diversity jurisdiction can be found pursuant to 1332 even if the major parties on opposite sides of an action are citizens of foreign nations, provided there are citizen parties of diverse citizenship whose presence in the suit goes beyond "window dressing"

  10. In re Rockefeller Center Properties

    272 B.R. 524 (Bankr. S.D.N.Y. 2000)   Cited 41 times
    Noting that express assent to an account can "be inferred by silence when an account rendered remains unquestioned a reasonable time after receipt"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,557 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,316 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  13. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 40,812 times   57 Legal Analyses
    Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

  14. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,290 times   110 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

  15. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,374 times   196 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders

  16. Section 1452 - Removal of claims related to bankruptcy cases

    28 U.S.C. § 1452   Cited 2,580 times   14 Legal Analyses
    Granting removal power to any “party” in a bankruptcy case

  17. Rule 3001 - Proof of Claim

    Fed. R. Bankr. P. 3001   Cited 2,553 times   8 Legal Analyses
    Providing that either a creditor or a creditor's authorized agent can file a proof of claim

  18. Section 152 - Concealment of assets; false oaths and claims; bribery

    18 U.S.C. § 152   Cited 1,491 times   9 Legal Analyses
    Imposing criminal penalties for fraud in bankruptcy cases

  19. Rule 3002 - Filing Proof of Claim or Interest

    Fed. R. Bankr. P. 3002   Cited 1,067 times   5 Legal Analyses
    Excepting from the 90–day deadline “[a]n unsecured claim which arises in favor of an entity ...”

  20. Section 632 - Jurisdiction of United States courts; disposition by banks of foreign owned property

    12 U.S.C. § 632   Cited 304 times   4 Legal Analyses
    Providing for federal jurisdiction over suits arising out of transactions involving international banking