71 Cited authorities

  1. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,455 times   6 Legal Analyses
    Holding that a Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
  2. Touche Ross Co. v. Redington

    442 U.S. 560 (1979)   Cited 1,543 times   1 Legal Analyses
    Holding that the "central inquiry remains whether Congress intended to create, whether expressly or by implication, a private cause of action."
  3. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 454 times   16 Legal Analyses
    Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered
  4. Passenger Corp. v. Passengers Assn

    414 U.S. 453 (1974)   Cited 490 times
    Finding that statutory construction principles "must yield to clear contrary evidence of legislative intent"
  5. Hirsch v. Arthur Andersen Company

    72 F.3d 1085 (2d Cir. 1995)   Cited 642 times   2 Legal Analyses
    Holding that the claims “are the property of those investors, and may be asserted only by them and to the exclusion of [the Trustee]”
  6. Caplin v. Marine Midland Grace Trust Co.

    406 U.S. 416 (1972)   Cited 394 times   2 Legal Analyses
    Holding that a trustee lacked standing to sue a third party for damages incurred by debenture holders of the corporate debtor
  7. Kirschner v. KPMG LLP

    2010 N.Y. Slip Op. 7415 (N.Y. 2010)   Cited 262 times   6 Legal Analyses
    Noting the "fundamental principle that ... the acts of agents, ... while acting within the scope of their authority are presumptively imputed to their principals"
  8. Shearson Lehman Hutton, Inc. v. Wagoner

    944 F.2d 114 (2d Cir. 1991)   Cited 424 times   2 Legal Analyses
    Holding there was no waiver even though defendant did not raise arbitration after knowing about his rights for three years
  9. Alliance, Environment v. Pyramid Crossgates

    436 F.3d 82 (2d Cir. 2006)   Cited 251 times
    Holding that district court erred in failing to resolve dispute concerning the plaintiffs' Article III standing before ruling that salt was not a pollutant within the meaning of the Clean Water Act
  10. Koch Refining v. Farmers Union Cent. Exchange

    831 F.2d 1339 (7th Cir. 1987)   Cited 381 times   1 Legal Analyses
    Finding no ripeness where the harm to the appellant is "still conjectural rather than actual"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 267,561 times   779 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 541 - Property of the estate

    11 U.S.C. § 541   Cited 13,127 times   48 Legal Analyses
    Providing that property for which the debtor holds legal title alone is "property of the estate" to the extent of that legal title
  13. Section 547 - Preferences

    11 U.S.C. § 547   Cited 7,416 times   54 Legal Analyses
    Seeking to avoid preferential transfers
  14. Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

    11 U.S.C. § 544   Cited 7,198 times   28 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"
  15. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 5,438 times   48 Legal Analyses
    Seeking to avoid constructively fraudulent transfers
  16. Section 542 - Turnover of property to the estate

    11 U.S.C. § 542   Cited 2,821 times   15 Legal Analyses
    Providing that "property that the [debtor] may use, sell, or lease under section 363" may be subject to turnover
  17. Section 110 - Penalty for persons who negligently or fraudulently prepare bankruptcy petitions

    11 U.S.C. § 110   Cited 2,191 times   3 Legal Analyses
    Prohibiting bankruptcy petition preparers from providing legal assistance
  18. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 867 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
  19. Section 1401 - Claim for contribution

    N.Y. C.P.L.R. § 1401   Cited 557 times
    Noting that the tortfeasor against whom contribution is sought must typically be "subject to liability" to the plaintiff, unless the absence of direct liability is merely the result of a special defense
  20. Section 78fff-2 - Special provisions of a liquidation proceeding

    15 U.S.C. § 78fff-2   Cited 135 times   1 Legal Analyses
    Allowing customers to participate in the distribution of the general estate if customer property does not satisfy their net equity claims
  21. Section 240.15c3-3 - Customer protection-reserves and custody of securities

    17 C.F.R. § 240.15c3-3   Cited 60 times   7 Legal Analyses
    Requiring special reserve accounts to be set up for customer protection