171 Cited authorities

Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,459 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Butner v. United States
440 U.S. 48 (1979) Cited 4,389 times 17 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
Bridge v. Phoenix Bond & Indem. Co.
553 U.S. 639 (2008) Cited 1,106 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
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,666 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
Buckman Co. v. Plaintiffs' Legal Committee
531 U.S. 341 (2001) Cited 1,184 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
Merrill v. Dabit
547 U.S. 71 (2006) Cited 668 times 43 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
Touche Ross Co. v. Redington
442 U.S. 560 (1979) Cited 1,717 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."
Securities v. Zandford
535 U.S. 813 (2002) Cited 520 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
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,189 times 4 Legal Analyses
Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
Northwest Airlines, Inc. v. Transport Workers
451 U.S. 77 (1981) Cited 716 times 4 Legal Analyses
Holding no federal common law right to contribution in action by employer against union following class action in which employer was found to have violated Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 by paying collectively bargained wages
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,381 times 73 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers
11 U.S.C. § 544 Cited 8,190 times 58 Legal Analyses
Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"
Section 547 - Preferences
11 U.S.C. § 547 Cited 8,128 times 83 Legal Analyses
Seeking to avoid preferential transfers
Section 548 - Fraudulent transfers and obligations
11 U.S.C. § 548 Cited 6,516 times 82 Legal Analyses
Seeking to avoid constructively fraudulent transfers
Section 110 - Penalty for persons who negligently or fraudulently prepare bankruptcy petitions
11 U.S.C. § 110 Cited 2,199 times 3 Legal Analyses
Prohibiting bankruptcy petition preparers from providing legal assistance
Section 78bb - Effect on existing law
15 U.S.C. § 78bb Cited 906 times 30 Legal Analyses
Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
Section 1401 - Claim for contribution
N.Y. CPLR 1401 Cited 630 times
Noting that the tortfeasor against whom contribution is sought must typically be "subject to liability" to the plaintiff, unless the absence of direct liability is merely the result of a special defense
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
Section 278 - Extinguishment of claim for relief
N.Y. Debt. & Cred. Law § 278 Cited 275 times
Allowing creditors to pursue fraudulent conveyance claims "as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase"
Section 5318 - Compliance, exemptions, and summons authority
31 U.S.C. § 5318 Cited 248 times 112 Legal Analyses
Setting forth legal mechanisms to ensure compliance with federal reporting requirements
Section 240.15c3-3 - Customer protection-reserves and custody of securities
17 C.F.R. § 240.15c3-3 Cited 60 times 10 Legal Analyses
Requiring special reserve accounts to be set up for customer protection

Irving H. Picard v. JPMorgan Chase & Co.

171 Cited authorities

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

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 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

Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

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

Holding that the "central inquiry remains whether Congress intended to create, whether expressly or by implication, a private cause of action."

Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered

Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

Holding no federal common law right to contribution in action by employer against union following class action in which employer was found to have violated Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 by paying collectively bargained wages

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

Seeking to avoid preferential transfers

Seeking to avoid constructively fraudulent transfers

Prohibiting bankruptcy petition preparers from providing legal assistance

Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

Noting that the tortfeasor against whom contribution is sought must typically be "subject to liability" to the plaintiff, unless the absence of direct liability is merely the result of a special defense

Allowing certain securities class actions to be removed to federal court

Allowing creditors to pursue fraudulent conveyance claims "as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase"

Setting forth legal mechanisms to ensure compliance with federal reporting requirements

Requiring special reserve accounts to be set up for customer protection