75 Cited authorities

  1. Northern Pipeline Co. v. Marathon Pipe Line Co.

    458 U.S. 50 (1982)   Cited 2,971 times   20 Legal Analyses
    Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims
  2. Granfinanciera, S. A. v. Nordberg

    492 U.S. 33 (1989)   Cited 1,919 times   32 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
  3. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,672 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
  4. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,188 times   80 Legal Analyses
    Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA
  5. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 671 times   44 Legal Analyses
    Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act
  6. Touche Ross Co. v. Redington

    442 U.S. 560 (1979)   Cited 1,722 times   1 Legal Analyses
    Holding that the "central inquiry remains whether Congress intended to create, whether expressly or by implication, a private cause of action."
  7. Boyle v. United Technologies Corp.

    487 U.S. 500 (1988)   Cited 1,170 times   28 Legal Analyses
    Holding that where evidence in a civil trial does not suffice to support a jury verdict for plaintiff under a properly formulated defense, judgment may be entered for defendant on appeal despite the fact that defendant did not object to jury instructions "that expressed the defense differently, and in a fashion that would support a verdict"
  8. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 522 times   17 Legal Analyses
    Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered
  9. In re Orion Pictures Corp.

    4 F.3d 1095 (2d Cir. 1993)   Cited 735 times   11 Legal Analyses
    Holding that contract issues, where one party has not violated a specific contractual clause, may not be decided as part of a motion to assume
  10. Caplin v. Marine Midland Grace Trust Co.

    406 U.S. 416 (1972)   Cited 411 times   2 Legal Analyses
    Holding that a trustee lacked standing to sue a third party for damages incurred by debenture holders of the corporate debtor
  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 51,526 times   79 Legal Analyses
    Determining the validity, extent, or priority of liens
  12. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 40,817 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"
  13. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,366 times   304 Legal Analyses
    Making false statements
  14. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,529 times   84 Legal Analyses
    Seeking to avoid constructively fraudulent transfers
  15. Section 550 - Liability of transferee of avoided transfer

    11 U.S.C. § 550   Cited 4,492 times   30 Legal Analyses
    Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers
  16. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 907 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
  17. Section 78ff - Penalties

    15 U.S.C. § 78ff   Cited 663 times   23 Legal Analyses
    Providing criminal penalties
  18. Section 1818 - Termination of status as insured depository institution

    12 U.S.C. § 1818   Cited 497 times   42 Legal Analyses
    Granting subpoena power to the Federal Deposit Insurance Corporation
  19. Section 77p - Additional remedies; limitation on remedies

    15 U.S.C. § 77p   Cited 449 times   16 Legal Analyses
    Allowing certain securities class actions to be removed to federal court
  20. Section 1005 - Bank entries, reports and transactions

    18 U.S.C. § 1005   Cited 421 times   3 Legal Analyses
    Making false entries in bank records
  21. Section 225.4 - Corporate practices

    12 C.F.R. § 225.4   Cited 50 times   1 Legal Analyses

    (a)Bank holding company policy and operations. (1) A bank holding company shall serve as a source of financial and managerial strength to its subsidiary banks and shall not conduct its operations in an unsafe or unsound manner. (2) Whenever the Board believes an activity of a bank holding company or control of a nonbank subsidiary (other than a nonbank subsidiary of a bank) constitutes a serious risk to the financial safety, soundness, or stability of a subsidiary bank of the bank holding company

  22. Section 208.62 - Suspicious activity reports

    12 C.F.R. § 208.62   Cited 23 times

    (a)Purpose. This section ensures that a member bank files a Suspicious Activity Report when it detects a known or suspected violation of Federal law, or a suspicious transaction related to a money laundering activity or a violation of the Bank Secrecy Act. This section applies to all member banks. (b)Definitions. For the purposes of this section: (1)FinCEN means the Financial Crimes Enforcement Network of the Department of the Treasury. (2)Institution-affiliated party means any institution-affiliated

  23. Section 208.63 - Procedures for monitoring Bank Secrecy Act compliance

    12 C.F.R. § 208.63   1 Legal Analyses

    (a)Purpose. This section is issued to assure that all state member banks establish and maintain procedures reasonably designed to assure and monitor their compliance with the provisions of the Bank Secrecy Act (31 U.S.C. 5311 , et seq.) and the implementing regulations promulgated thereunder by the Department of Treasury at 31 CFR part 103 , requiring recordkeeping and reporting of currency transactions. (b)Establishment of BSA compliance program - (1)Program requirement. Each bank shall develop