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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. Brief of Non-Party Bank of New York Mellon, as Indenture Trustee, Addressing the Issues Raised on Remand from the Court of Appeals. Document

45 Cited authorities

  1. Taylor v. Sturgell

    553 U.S. 880 (2008)   Cited 3,164 times   12 Legal Analyses
    Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."

  2. Zenith Corp. v. Hazeltine

    395 U.S. 100 (1969)   Cited 2,446 times   7 Legal Analyses
    Holding that the district court erred when it enjoined a nonparty that was never determined to be in active concert with a defendant

  3. Richards v. Jefferson County

    517 U.S. 793 (1996)   Cited 511 times   1 Legal Analyses
    Holding application of preclusion violated due process where there were neither special procedures to protect nonparties' interests or an understanding by the initial plaintiffs that their suit was brought in representative capacity

  4. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 1,167 times   4 Legal Analyses
    Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity

  5. In re Sharp Intern. Corp.

    403 F.3d 43 (2d Cir. 2005)   Cited 634 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

  6. Hansberry v. Lee

    311 U.S. 32 (1940)   Cited 1,487 times   3 Legal Analyses
    Holding that plaintiffs seeking to enforce an agreement cannot represent class members who do not want it enforced

  7. Lorenz v. CSX Corp.

    1 F.3d 1406 (3d Cir. 1993)   Cited 784 times
    Holding that prejudice to non-moving party is the "touchstone for the denial of the amendment."

  8. Armstrong v. McAlpin

    699 F.2d 79 (2d Cir. 1983)   Cited 469 times
    Holding that appellants' "generalized and conclusory allegations of fraudulent concealment do not satisfy the requirements" of Rule 9 of the Federal Rules of Civil Procedure

  9. Regal Knitwear Co. v. Board

    324 U.S. 9 (1945)   Cited 423 times
    Holding "successors and assigns" are liable for contempt if they are properly within the scope of the injunction under Rule 65(d)

  10. AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.

    2008 N.Y. Slip Op. 5766 (N.Y. 2008)   Cited 167 times
    Holding that generally, absent an event of default, an indenture trustee does not have a fiduciary duty

  11. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,421 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  12. Section 77bbb - Necessity for regulation

    15 U.S.C. § 77bbb   Cited 26 times

    (a) Practices adversely affecting public Upon the basis of facts disclosed by the reports of the Securities and Exchange Commission made to the Congress pursuant to section 78jj of this title and otherwise disclosed and ascertained, it is hereby declared that the national public interest and the interest of investors in notes, bonds, debentures, evidences of indebtedness, and certificates of interest or participation therein, which are offered to the public, are adversely affected- (1) when the obligor

  13. 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