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NML Capital, Ltd. v. The Republic of Argentina

MEMORANDUM OF LAW of Amicus Curiae The Clearing House Association L.L.C. in Support of Non-Party Citibank, N.A.. Document

18 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,777 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Grace v. Bank Leumi Trust Co.

    443 F.3d 180 (2d Cir. 2006)   Cited 457 times
    Holding that "[i]t is settled law that a corporation may not appear in a lawsuit against it except through an attorney"

  3. Gucci Am., Inc. v. Bank of China

    768 F.3d 122 (2d Cir. 2014)   Cited 337 times   7 Legal Analyses
    Holding that court has no general personal jurisdiction over a bank where it "has branch offices in the forum, but is incorporated and headquartered elsewhere"

  4. Grace v. Rosenstock

    228 F.3d 40 (2d Cir. 2000)   Cited 352 times
    Finding loss causation a requisite of a properly plead claim pursuant Section 14 claim

  5. Reebok Intern. Ltd. v. McLaughlin

    49 F.3d 1387 (9th Cir. 1995)   Cited 106 times
    Holding that the contempt order must be reversed because the district court lacked personal jurisdiction

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

    727 F.3d 230 (2d Cir. 2013)   Cited 40 times   1 Legal Analyses
    Holding that a non-party may appeal an injunction by which it is bound

  7. Allied Bank Intern. v. Banco Credito Agricola

    757 F.2d 516 (2d Cir. 1985)   Cited 88 times   2 Legal Analyses
    Holding that Costa Rican regulations suspending the repayment of external debt were contrary to American public policy

  8. Radack v. Norwegian America Line Agency, Inc.

    318 F.2d 538 (2d Cir. 1963)   Cited 147 times
    Holding that "lack of notice does not ipso facto mean that a judgment must, can or should be reopened"

  9. Lasala v. Lloyds TSB Bank, PLC

    514 F. Supp. 2d 447 (S.D.N.Y. 2007)   Cited 19 times
    Holding that "the mere likelihood of the application of foreign law weighs in favor of dismissal" and collecting cases

  10. Wultz v. Bank of China Ltd.

    865 F. Supp. 2d 425 (S.D.N.Y. 2012)   Cited 9 times

    No. 11 Civ. 1266(SAS). 2012-05-25 Sheryl WULTZ, individually, as personal representative of the Estate of Daniel Wultz, and as the natural guardian of plaintiff Abraham Leonard Wultz, Yekutiel Wultz, individually, as personal representative of the Estate of Daniel Wultz, and as the natural guardian of plaintiff Abraham Leonard Wultz, Amanda Wultz, and Abraham Leonard Wultz, minor, by his next friends and guardians Sheryl Wultz and Yekutiel Wultz, Plaintiffs, v. BANK OF CHINA LIMITED, Defendant. Robert

  11. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,562 times   146 Legal Analyses
    Granting relief from the operation of a judgment

  12. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,187 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  13. Section 134 - Repayment of deposits standing in the names of minors, trustees or joint depositors; repayment where adverse claim is asserted; interpleader in certain actions; effect of claims or advices originating in, and statutes, rules or regulations purporting to be in force in occupied territories

    N.Y. Banking Law § 134   Cited 38 times

    1. Any minor may endorse a check payable to his order for the purpose of depositing the proceeds in a deposit in his name and when any deposit shall be made by or in the name of any minor, the same shall be held for the exclusive right and benefit of such minor, and free from the control or lien of all other persons, except creditors, and shall be paid, together with the interest thereon to the person or upon the order by check or otherwise of the person in whose name the deposit shall stand, and

  14. Section 8-501 - Securities Account; Acquisition of Security Entitlement from Securities Intermediary

    N.Y. U.C.C. Law § 8-501   Cited 8 times

    (a) "Securities account" means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. (b) Except as otherwise provided in subsections (d) and (e), a person acquires a security entitlement if a securities intermediary: (1) indicates by book entry that a financial asset has been credited

  15. Section 204-A - Payment of claims by foreign banking corporations where adverse claim is asserted; effect of claims or advices originating in, and statutes, rules or regulations purporting to be in force in occupied territory; performance of contracts and repayment of deposits performable or repayable at foreign offices of foreign banking corporations

    N.Y. Banking Law § 204-A   Cited 3 times

    1. Notice to any foreign banking corporation doing business in this state under a license issued by the superintendent in accordance with the provisions of this chapter, of an adverse claim to a credit standing on its books to the account of any person, or to the balance in any deposit account, or of an adverse claim to securities or other property held for the account of any person, shall not be effectual in this state to cause said foreign banking corporation to recognize said adverse claimant

  16. Section 8-505 - Duty of Securities Intermediary with respect to Payments and Distributions

    N.Y. U.C.C. Law § 8-505

    (a) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if: (1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution. (b) A securities