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Levin et al v. Bank of New York et al

MEMORANDUM OF LAW in Opposition re: 326 MOTION to Stay of The Court's January 28, 2011 Order Pending Appeal.. Document

24 Cited authorities

  1. Nken v. Holder

    556 U.S. 418 (2009)   Cited 3,345 times   7 Legal Analyses
    Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"

  2. Sampson v. Murray

    415 U.S. 61 (1974)   Cited 2,039 times   1 Legal Analyses
    Holding that possibility of backpay obviates risk of irreparable harm

  3. Ford v. Reynolds

    316 F.3d 351 (2d Cir. 2003)   Cited 354 times
    Holding that a suit against CUNY officials was barred by the Eleventh Amendment to the extent it was brought against CUNY officials in their official capacity and was not seeking prospective injunctive relief

  4. U.S. v. First Nat. City Bank

    379 U.S. 378 (1965)   Cited 285 times
    Holding that preliminary injunction preventing dissipation of assets was warranted where plaintiff sought foreclosure of tax lien

  5. Mohammed v. Reno

    309 F.3d 95 (2d Cir. 2002)   Cited 200 times
    Holding that a stay of removal may issue even when the alien's chance of ultimate success is less than 50 percent because, "[i]f the likelihood were more than 50 percent, the appellant would be required to persuade the stay panel that he was more likely than not to win the appeal before the merits panel, just to obtain the critical opportunity to maintain the status quo until the merits panel considers the appeal"

  6. In re World Trade Center Disaster

    503 F.3d 167 (2d Cir. 2007)   Cited 153 times   2 Legal Analyses
    Finding that harm to defendants, who might be entitled to immunity from suit, was outweighed by hastening plaintiffs’ trial

  7. Conkright v. Frommert

    556 U.S. 1401 (2009)   Cited 24 times

    No. 08–810 08A884. 04-30-2009 Sally L. CONKRIGHT et al. v. Paul J. FROMMERT et al. Justice GINSBURG, Circuit Justice. Opinion Sally L. Conkright, Administrator of the Xerox Corporation Pension Plan, et al., have reapplied for a stay of the mandate of the United States Court of Appeals for the Second Circuit. In their initial application, filed October 16, 2008, the applicants sought a stay pending the filing and disposition of their petition for certiorari. The Second Circuit's decision in their

  8. Green v. Drexler (In re Feit & Drexler, Inc.)

    760 F.2d 406 (2d Cir. 1985)   Cited 147 times
    Holding that where the court had jurisdiction over the judgment debtor, it could order her to transfer property located outside New York into the court's jurisdiction

  9. CRP/Extell Parcel I, L.P. v. Cuomo

    394 F. App'x 779 (2d Cir. 2010)   Cited 38 times
    Holding that moving party must show “that the risk of insolvency is likely and imminent”

  10. Centauri Shipping Ltd. v. Western Bulk Carriers KS

    528 F. Supp. 2d 186 (S.D.N.Y. 2007)   Cited 25 times
    Denying plaintiffs request for a stay of the vacatur decision

  11. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,386 times   196 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders

  12. Section 1610 - Exceptions to the immunity from attachment or execution

    28 U.S.C. § 1610   Cited 444 times   14 Legal Analyses
    Abrogating attachment immunity of property of a foreign state when the property is “used for commercial activity in the United States”