National Credit Union Administration Board v. Morgan Stanley & Co., Inc. et al
MEMORANDUM OF LAW in Support re: 163 MOTION for Reconsideration re; 54 Memorandum & Opinion . MOTION for Certificate of Appealability . MOTION to Stay /Motion for Reconsideration of Motion to Dismiss Decision or, in the Alternative, for Certification of Interlocutory Appeal Pursuant to 28 U.S.C. 1292
556 U.S. 418 (2009) Cited 3,301 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"
516 U.S. 199 (1996) Cited 541 times 5 Legal Analyses
Holding that, under the differently worded provisions of § 1292(b), the entirety of the "order" that is certified for interlocutory appeal is reviewable on the ensuing appeal, including even portions of the order that do not involve the certified question that supports interlocutory jurisdiction
Holding that "[e]ven if Rule 54(b) allows parties to request district courts to revisit earlier rulings, the moving party must do so within the strictures of the law of the case doctrine"
481 U.S. 69 (1987) Cited 382 times 1 Legal Analyses
Holding Indiana statute regulating acquisition of corporation stock did not merit heightened scrutiny because it had “same effects on tender offers whether or not the offeror is a domiciliary or resident of Indiana”
486 U.S. 174 (1988) Cited 251 times 1 Legal Analyses
Concluding that "a federally owned facility performing a federal function is shielded from direct state regulation, even though the federal function is carried out by a private contractor, unless Congress clearly authorizes such regulation"
Specifying that those who participated or aided in selling a security in violation of the Illinois securities laws are "joint and severally liable to the purchaser," including purchasers' attorneys' fees and expenses