§Why CasetextPricing

In Re: Refco Securities Litigation

MEMORANDUM OF LAW in Support re:

96 Cited authorities

  1. Lamie v. U.S. Trustee

    540 U.S. 526 (2004)   Cited 2,168 times   13 Legal Analyses
    Holding that courts should not add an "absent word" to a statute

  2. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,536 times   18 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  3. Granfinanciera, S. A. v. Nordberg

    492 U.S. 33 (1989)   Cited 1,930 times   47 Legal Analyses
    Holding defendant to a preference action has a right to a jury trial pursuant to the Seventh Amendment of the United States Constitution, but that right can be waived by filing a claim in the bankruptcy proceedings

  4. United States v. Whiting Pools, Inc.

    462 U.S. 198 (1983)   Cited 1,859 times   9 Legal Analyses
    Holding that the Internal Revenue Service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership

  5. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,912 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  6. Gade v. National Solid Wastes Management Ass'n

    505 U.S. 88 (1992)   Cited 904 times   10 Legal Analyses
    Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard

  7. Clark-Fitzpatrick, Inc. v. Long Island Rail Road

    70 N.Y.2d 382 (N.Y. 1987)   Cited 2,963 times   1 Legal Analyses
    Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."

  8. Brass v. American Film Technologies, Inc.

    987 F.2d 142 (2d Cir. 1993)   Cited 1,934 times
    Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions

  9. Hines v. Davidowitz

    312 U.S. 52 (1941)   Cited 2,203 times   12 Legal Analyses
    Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements

  10. Wynder v. McMahon

    360 F.3d 73 (2d Cir. 2004)   Cited 740 times   2 Legal Analyses
    Holding that district court erred in dismissing on Rule 8 grounds when the complaint, though long, was not "so confused, ambiguous, vague or otherwise unintelligible that its true substance, if any, is well disguised"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,874 times   219 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  15. Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

    11 U.S.C. § 544   Cited 8,230 times   64 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

  16. Section 8 - Powers of Congress

    U.S. Const. art. I, § 8   Cited 7,046 times   33 Legal Analyses
    Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”

  17. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,563 times   86 Legal Analyses
    Seeking to avoid constructively fraudulent transfers

  18. Section 550 - Liability of transferee of avoided transfer

    11 U.S.C. § 550   Cited 4,521 times   31 Legal Analyses
    Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

  19. Section 546 - Limitations on avoiding powers

    11 U.S.C. § 546   Cited 2,249 times   71 Legal Analyses
    Granting an administrative expense priority claim

  20. Rule 7004 - Process; Service of Summons, Complaint

    Fed. R. Bankr. P. 7004   Cited 1,429 times   6 Legal Analyses
    Concluding that "[i]f the exercise of jurisdiction is consistent with the Constitution and laws of the United States, serving a summons or filing a waiver of service in accordance with this rule or [with Fed.R.Civ.P. 4] . . . is effective to establish personal jurisdiction over the person of any defendant with respect to a case under the [Bankruptcy] Code. . . ."