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Liberty Media Corp., et al v. Vivendi Universal, et al

MEMORANDUM OF LAW in Support re: 315 MOTION for Judgment.. Document

54 Cited authorities

  1. Securities & Exchange Commission v. First Jersey Securities, Inc.

    101 F.3d 1450 (2d Cir. 1996)   Cited 1,255 times   5 Legal Analyses
    Holding that owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received

  2. Secu. Exc. Co. v. Plat. Wire. Inte. Co.

    617 F.3d 1072 (9th Cir. 2010)   Cited 336 times   1 Legal Analyses
    Holding that statements of subject intent are irrelevant to the issue of control as a matter of law because "they do not address [the defendant's] power to direct the actions of [the controlled entity] ...."

  3. Advanced Magnetics, Inc. v. Bayfront Partners

    106 F.3d 11 (2d Cir. 1997)   Cited 475 times
    Holding that, even though district court retains discretion despite Rule 17 to dismiss an action for failure to commence in the name of the real party in interest, "substitution . . . should be liberally allowed when the change is merely formal and in no way alters the original complaint's factual allegations as to the events or the participants"

  4. Jones v. Unum Life Insurance Company

    223 F.3d 130 (2d Cir. 2000)   Cited 240 times
    Holding that because there is no federal statute that purports to control the rate of prejudgment interest, the rate is left to the discretion of the district court

  5. Wickham Contracting Co. v. Local Union No. 3, International Brotherhood of Electrical Workers

    955 F.2d 831 (2d Cir. 1992)   Cited 247 times
    Holding that pre-judgment interest should not be granted "if the statutory obligation on which interest is sought is punitive in nature"

  6. Matter of Oil Spill by the Amoco Cadiz

    954 F.2d 1279 (7th Cir. 1992)   Cited 228 times   3 Legal Analyses
    Holding that question of whether defendant tortfeasors were entitled to reduction in plaintiffs' claims by amount of alleged nonparty tortfeasor's responsibility "was one of substantive law"

  7. Mallis v. Bankers Trust Co.

    717 F.2d 683 (2d Cir. 1983)   Cited 266 times
    Holding that “[i]n light § 5001's mandatory nature,” even a failure to request such interest in the complaint or during trial does not constitute a waiver of the right to prejudgment interest under the statute

  8. Olcott v. Delaware Flood Co.

    76 F.3d 1538 (10th Cir. 1996)   Cited 177 times   1 Legal Analyses
    Holding that a sanction imposed pursuant to Rules 16(f) and 37(b) is enforceable even if the court is later determined to lack subject-matter jurisdiction over the case, because the purpose is to punish bad faith conduct

  9. New York Marine Gen. Ins. Co. v. Tradeline

    266 F.3d 112 (2d Cir. 2001)   Cited 149 times
    Upholding district court's dismissal of punitive damages under 12(b) motion

  10. Marfia v. T.C. Ziraat Bankasi, New York Branch

    147 F.3d 83 (2d Cir. 1998)   Cited 158 times
    Holding that "federal law does not apply to the calculation of prejudgment interest on supplemental state law claims"

  11. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 55,018 times   152 Legal Analyses
    Granting relief from the operation of a judgment

  12. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 42,422 times   144 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  13. Rule 58 - Entering Judgment

    Fed. R. Civ. P. 58   Cited 19,195 times   9 Legal Analyses
    Recognizing that, after a jury verdict, the Court must enter judgment "in a separate document"

  14. Rule 62 - Stay of Proceedings to Enforce a Judgment

    Fed. R. Civ. P. 62   Cited 4,223 times   15 Legal Analyses
    Granting of stay is discretionary

  15. Section 5001 - Interest to verdict, report or decision

    N.Y. CPLR 5001   Cited 2,464 times   4 Legal Analyses
    Allowing prejudgment interest in contract cases

  16. Section 5004 - Rate of interest

    N.Y. C.P.L.R. § 5004   Cited 1,624 times   1 Legal Analyses
    Governing New York State statutory interest rate for pre-judgment interest

  17. Section 5002 - Interest from verdict, report or decision to judgment

    N.Y. CPLR 5002   Cited 420 times
    Computing interest from "the date the verdict was rendered"

  18. Section 27 - [Computation of judgments]

    N.Y. Jud. Law § 27   Cited 34 times

    (a) Except as provided in subdivision (b) of this section, judgments and accounts must be computed in dollars and cents. In all judgments or decrees rendered by any court for any debt, damages or costs, in all executions issued thereupon, and in all accounts arising from proceedings in courts the amount shall be computed, as near as may be, in dollars and cents, rejecting lesser fractions; and no judgment, or other proceeding, shall be considered erroneous for such omissions. (b) In any case in which

  19. Section 2A:49A-8 - Judgment, award on foreign-money claim; payment

    N.J. Stat. § 2A:49A-8

    a. Except as provided in subsection c. of this section, a judgment or award on a foreign-money claim shall be stated in an amount of the money of the claim. b. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate. c. Assessed costs shall be entered in United States dollars. d. Each payment in United States dollars

  20. Section 735 ILCS 5/12-637 - Judgments and awards on foreign-money claims; times of money conversion; form of judgment

    735 ILCS 5/12-637

    (a) Except as provided in subsection (c), a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. (b) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate. (c) Assessed costs must be entered in United States dollars. (d) Each payment in United States dollars must be accepted