§Why CasetextPricing

Franklin California Tax-Free Trust et al v. Commonwealth of Puerto Rico et al

MEMORANDUM in Opposition to Defendants' Motions to Dismiss and in Support of Plaintiffs' Cross-Motion for Summary Judgment

80 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,482 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,533 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  5. Williamson Planning Comm'n v. Hamilton Bank

    473 U.S. 172 (1985)   Cited 2,715 times   46 Legal Analyses
    Holding that “if a State provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause [of the United States Constitution] until it has used the procedure and been denied just compensation”

  6. Lingle v. Chevron U. S. A.

    544 U.S. 528 (2005)   Cited 1,159 times   18 Legal Analyses
    Holding that a substantive due process inquiry has "no proper place" in Takings doctrine, while distinguishing Nollan and Dolan as a special application of unconstitutional conditions doctrine for Takings

  7. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,288 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

  8. TRW Inc. v. Andrews

    534 U.S. 19 (2001)   Cited 1,188 times   9 Legal Analyses
    Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”

  9. Hartford Underwriters Ins. Co. v. Unionplanters Bank

    530 U.S. 1 (2000)   Cited 1,254 times   7 Legal Analyses
    Holding that § 1109(b) was "by its terms inapplicable" in case which had been "converted from Chapter 11 to Chapter 7"

  10. Penn Central Transp. Co. v. New York City

    438 U.S. 104 (1978)   Cited 2,586 times   53 Legal Analyses
    Holding prohibition on construction of fifty-five-story office tower over New York's Grand Central Terminal is not a regulatory taking

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,129 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,772 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,731 times   210 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  14. Section 109 - Who may be a debtor

    11 U.S.C. § 109   Cited 4,048 times   34 Legal Analyses
    Allowing municipal bankruptcy only if specifically authorized by state law

  15. Section 1141 - Effect of confirmation

    11 U.S.C. § 1141   Cited 2,711 times   25 Legal Analyses
    Granting discharge to Chapter 11 debtor upon confirmation except as otherwise provided for in the plan

  16. Section 103 - Applicability of chapters

    11 U.S.C. § 103   Cited 1,149 times   6 Legal Analyses
    Providing that "chapters 1, 3, and 5 . . . [shall] apply in a case under chapter 7, 11, 12, or 13"

  17. 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.

  18. Section 364 - Obtaining credit

    11 U.S.C. § 364   Cited 1,027 times   15 Legal Analyses
    Granting bankruptcy courts authority to afford superpriority status to post-petition borrowings when the debtor is unable to obtain unsecured credit

  19. Section 525 - Protection against discriminatory treatment

    11 U.S.C. § 525   Cited 685 times   19 Legal Analyses
    Prohibiting certain Government grant and loan programs from discriminating against applicants who are or have been bankrupt

  20. Section 528 - Requirements for debt relief agencies

    11 U.S.C. § 528   Cited 171 times
    In section 528(b), "advertisement of bankruptcy assistance" is defined as "an advertisement, directed to the general public, indicating that the debt relief agency provides assistance with respect to credit defaults, mortgage foreclosures, eviction proceedings, excessive debt, debt collection pressure, or inability to pay any consumer debt."