§Why CasetextPricing

Irving H. Picard v. Saul B. Katz et al

MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss THE AMENDED COMPLAINT OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT.. Document

102 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,149 times   41 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"

  2. Merck Co. v. Reynolds

    559 U.S. 633 (2010)   Cited 690 times   20 Legal Analyses
    Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely

  3. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 681 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

  4. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 532 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

  5. Union Bank v. Wolas

    502 U.S. 151 (1991)   Cited 472 times   2 Legal Analyses
    Holding that the ordinary course of business defense applies to payments on long-term debt

  6. United States v. Noland

    517 U.S. 535 (1996)   Cited 318 times
    Holding that although penalty claims cannot be categorically subordinated, they may be subordinated on a case-by-case basis

  7. In re Sharp Intern. Corp.

    403 F.3d 43 (2d Cir. 2005)   Cited 649 times   2 Legal Analyses
    Holding that plaintiff must satisfy specific pleading requirements of Rule 9(b) to state actual fraudulent transfer claim under New York law

  8. Caplin v. Marine Midland Grace Trust Co.

    406 U.S. 416 (1972)   Cited 412 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

  9. TNS Holdings, Inc. v. MKI Sec. Corp.

    92 N.Y.2d 335 (N.Y. 1998)   Cited 495 times   2 Legal Analyses
    Holding that "interrelatedness, standing alone, is not enough to subject a nonsignatory to arbitration"

  10. Tiffany (NJ) Inc. v. eBay Inc.

    600 F.3d 93 (2d Cir. 2010)   Cited 295 times   19 Legal Analyses
    Holding that addressing specific notices of counterfeit Tiffany products was sufficient, even though eBay "knew as a general matter that counterfeit Tiffany products were listed and sold through its website."

  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 52,097 times   82 Legal Analyses
    Determining the validity, extent, or priority of liens

  12. Section 101 - Definitions

    11 U.S.C. § 101   Cited 27,024 times   228 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  13. Section 502 - Allowance of claims or interests

    11 U.S.C. § 502   Cited 9,296 times   93 Legal Analyses
    Recognizing that claims may be invalid “under [an] agreement or applicable law for a reason other than because such claim is contingent or unmatured” and authorizing a debtor's objection to a proof of claim on that basis

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

    11 U.S.C. § 544   Cited 8,266 times   68 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

  15. Section 547 - Preferences

    11 U.S.C. § 547   Cited 8,206 times   88 Legal Analyses
    Seeking to avoid preferential transfers

  16. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,617 times   94 Legal Analyses
    Seeking to avoid constructively fraudulent transfers

  17. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,616 times   9 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  18. Section 550 - Liability of transferee of avoided transfer

    11 U.S.C. § 550   Cited 4,561 times   33 Legal Analyses
    Allowing the Trustee to recover avoided transfers from the recipient

  19. Section 546 - Limitations on avoiding powers

    11 U.S.C. § 546   Cited 2,275 times   74 Legal Analyses
    Granting an administrative expense priority claim

  20. Section 510 - Subordination

    11 U.S.C. § 510   Cited 1,728 times   24 Legal Analyses
    Seeking equitable subordination of pending punitive damages awards to the claims of unsecured creditors