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NML Capital, Ltd. v. The Republic of Argentina

MEMORANDUM OF LAW in Opposition re: [360] MOTION Renewed Motion for Specific Performance of the Equal Treatment Provision.. Document

34 Cited authorities

  1. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,602 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

  2. Swann v. Board of Education

    402 U.S. 1 (1971)   Cited 1,452 times   1 Legal Analyses
    Finding that "[o]nce a right and a violation have been shown, the scope of a district court's equitable powers to remedy past wrongs is broad, for breadth and flexibility are inherent in equitable remedies"

  3. Lau v. Meddaugh

    229 F.3d 121 (2d Cir. 2000)   Cited 268 times
    Holding that a court may impose an injunction when a "plaintiff abuse the process of the Courts to harass and annoy others with meritless, frivolous, vexatious or repetitive . . . proceedings"

  4. 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"

  5. U.S. v. Rodgers

    101 F.3d 247 (2d Cir. 1996)   Cited 232 times
    Holding that divestiture of a district court's jurisdiction where notice of interlocutory appeal is filed is "not automatic," but must be "guided by concerns of efficiency"

  6. Kusay v. U.S.

    62 F.3d 192 (7th Cir. 1995)   Cited 235 times
    Holding that when a “notice of appeal from an interlocutory order is a frivolous effort to block the normal progress of litigation, the district judge may so certify and continue with the case”

  7. Stanfield Offshore Leveraged v. Metro. Life

    64 A.D.3d 472 (N.Y. App. Div. 2009)   Cited 150 times
    In Stanfield Offshore, plaintiffs - which had been assigned the right to collect debt in connection with loans made to a distressed company - brought an aiding and abetting fraud claim against the lead arrangers of the distressed company's refinancing.

  8. Thapa v. Gonzales

    460 F.3d 323 (2d Cir. 2006)   Cited 125 times
    Holding that the Court has the authority to stay an order of voluntary departure

  9. Grain Traders, Inc. v. Citibank, N.A.

    160 F.3d 97 (2d Cir. 1998)   Cited 113 times
    Holding that the U.C.C. precluded common law claims of conversion and money had and received because the liability sought to be imposed by plaintiff's common law claims "would be inconsistent with the provisions of Article 4A"

  10. EM Ltd. v. Republic of Argentina

    473 F.3d 463 (2d Cir. 2007)   Cited 87 times
    Holding that funds were unavailable for attachment under section 1610 because they were never used for, or designated for use in, commercial activity

  11. Rule 41 - Mandate: Contents; Issuance and Effective Date; Stay

    Fed. R. App. P. 41   Cited 2,668 times   13 Legal Analyses
    Providing that "[t]he court may shorten ... by order" the time for issuing its mandate

  12. Rule 62.1 - Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal

    Fed. R. Civ. P. 62.1   Cited 855 times   2 Legal Analyses
    Directing that, "[i]f a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may" do one of these things: " defer considering the motion; deny the motion; or state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue"

  13. Section 5222 - Restraining notice

    N.Y. CPLR 5222   Cited 539 times
    Forbidding a person served with a restraining notice from disposing of property owned by a judgment debtor or obligor

  14. Section 4-A-502 - Creditor Process Served on Receiving Bank; Set Off by Beneficiary's Bank

    N.Y. U.C.C. Law § 4-A-502   Cited 26 times

    (1) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account. (2) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the

  15. Section 5322 - Findings

    22 U.S.C. § 5322   Cited 1 times

    The Congress finds that- (1) the international debt problem threatens the safety and soundness of the international financial system, the stability of the international trading system, and the economic development of the debtor countries; (2) orderly reduction of international trade imbalances requires very substantial growth in all parts of the world economy, particularly in the developing countries; (3) growth in developing countries with substantial external debts has been significantly constrained