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NML Capital, Ltd. v. The Republic of Argentina

MEMORANDUM OF LAW in Support re: 286 MOTION to Compel Compliance with Discovery Requests.. Document

12 Cited authorities

  1. EM Ltd. v. Republic of Argentina

    695 F.3d 201 (2d Cir. 2012)   Cited 291 times
    Holding that collateral order doctrine afforded Argentina immediate review of order requiring foreign bank to disclose Argentina's worldwide assets because subsequent appellate review was unavailable and Argentina, as judgment debtor rather than party to whom disclosure order was directed, could not obtain review through disobedience and contempt

  2. Jones v. Coughlin

    45 F.3d 677 (2d Cir. 1995)   Cited 155 times
    Holding that prisoner has substantive due process right to be free from harassment in retaliation for his filing of grievances

  3. Garb v. Republic of Poland

    440 F.3d 579 (2d Cir. 2006)   Cited 107 times
    Holding that the core function of “hold[ing] and administer[ing] the property of the [foreign] state[ was] indisputably governmental”

  4. NML CAPITAL, LTD v. BCRA

    652 F.3d 172 (2d Cir. 2011)   Cited 64 times
    Vacating attachment of same reserves

  5. First City, Texas-Houston v. Rafidain Bank

    150 F.3d 172 (2d Cir. 1998)   Cited 90 times
    Holding denial of further discovery into jurisdiction under FSIA was abuse of discretion

  6. First City, Texas-Houston v. Rafidain Bank

    281 F.3d 48 (2d Cir. 2002)   Cited 80 times
    Finding proper service under Section 1608(b) where "compliance . . . may not have been exact . . . [but it was] substantial and sufficient"

  7. Aurelius Capital v. Rep. of Argentina

    584 F.3d 120 (2d Cir. 2009)   Cited 52 times
    Holding that assets were not subject to execution under the FSIA because the assets at issue were not "used for a commercial activity," as required by the Act

  8. NML Capital, Ltd. v. Republic of Argentina

    699 F.3d 246 (2d Cir. 2012)   Cited 36 times
    Finding that in light of debtor's “disregard of its legal obligations” to creditors, public interest favored permanent injunction requiring specific performance of those obligations

  9. NML Capital, Ltd. v. Republic of Argentina

    680 F.3d 254 (2d Cir. 2012)   Cited 18 times
    Holding purchase of scientific equipment was a commercial, not sovereign, function

  10. EM Ltd. v. Republic of Argentina

    720 F. Supp. 2d 273 (S.D.N.Y. 2010)   Cited 12 times
    Discussing the sources of the FRBNY Funds