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Retirement Board Of The Policemen's Annuity and Benefit Fund Of The City Of Chicago v. The Bank of New York Mellon

MEMORANDUM OF LAW in Opposition re: [38] MOTION for Reconsideration.. Document

37 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,016 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Exxon Mobil Corp. v. Allapattah Services, Inc.

    545 U.S. 546 (2005)   Cited 4,159 times   10 Legal Analyses
    Holding that the supplemental jurisdiction statute permits the exercise of diversity jurisdiction over additional plaintiffs who fail to satisfy the minimum amount-in-controversy requirement, as long as the other elements of diversity jurisdiction are present and at least one named plaintiff does satisfy the amount-in-controversy requirement

  3. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,592 times   29 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  4. Barnhart v. Walton

    535 U.S. 212 (2002)   Cited 2,166 times   1 Legal Analyses
    Holding that the “‘ 12 month' duration requirements apply to both the ‘impairment' and the ‘inability' to work requirements”

  5. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,893 times   18 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

  6. Coopers Lybrand v. Livesay

    437 U.S. 463 (1978)   Cited 2,815 times   32 Legal Analyses
    Holding interlocutory orders appealable if they: "conclusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively unreviewable on appeal from a final judgment."

  7. Boykin v. Keycorp

    521 F.3d 202 (2d Cir. 2008)   Cited 1,328 times   1 Legal Analyses
    Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."

  8. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,743 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  9. Tcherepnin v. Knight

    389 U.S. 332 (1967)   Cited 702 times   5 Legal Analyses
    Holding withdrawable capital shares in savings and loan association a security

  10. Securities & Exchange Commission v. Sloan

    436 U.S. 103 (1978)   Cited 249 times
    Holding that the interpretations of an administrative agency as to its statutory authorization is entitled to deference only when thoroughly and soundly reasoned

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,308 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,302 times   193 Legal Analyses
    Granting appellate jurisdiction over the denial of an injunction

  13. Section 77ddd - Exempted securities and transactions

    15 U.S.C. § 77ddd   Cited 35 times

    (a) Specific securities exempted The provisions of this subchapter shall not apply to any of the following securities: (1) any security other than (A) a note, bond, debenture, or evidence of indebtedness, whether or not secured, or (B) a certificate of interest or participation in any such note, bond, debenture, or evidence of indebtedness, or (C) a temporary certificate for, or guarantee of, any such note, bond, debenture, evidence of indebtedness, or certificate; (2) any certificate of interest

  14. 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

  15. Section 77rrr - Effect of prescribed indenture provisions

    15 U.S.C. § 77rrr   Cited 7 times

    (a) Imposed duties to control If any provision of the indenture to be qualified limits, qualifies, or conflicts with the duties imposed by operation of subsection (c) of this section, the imposed duties shall control. (b) Additional provisions The indenture to be qualified may contain, in addition to provisions specifically authorized under this subchapter to be included therein, any other provisions the inclusion of which is not in contravention of any provision of this subchapter. (c) Provisions

  16. Section 77jjj - Eligibility and disqualification of trustee

    15 U.S.C. § 77jjj   Cited 5 times

    (a) Persons eligible for appointment as trustee (1) There shall at all times be one or more trustees under every indenture qualified or to be qualified pursuant to this subchapter, at least one of whom shall at all times be a corporation organized and doing business under the laws of the United States or of any State or Territory or of the District of Columbia or a corporation or other person permitted to act as trustee by the Commission (referred to in this subchapter as the institutional trustee)

  17. Section 77lll - Bondholders' lists

    15 U.S.C. § 77lll   Cited 1 times
    Requiring certain obligors to furnish a list of persons to whom money is owed

  18. Section 260.4a-2 - Exempted securities under section 304(d)

    17 C.F.R. § 260.4a-2

    The provisions of the Trust Indenture Act of 1939 shall not apply to any security that has been issued or will be issued in accordance with the provisions of Regulation A (17 CFR 230.251 et seq.) under the Securities Act of 1933. 17 C.F.R. §260.4a-2 57 FR 36501, Aug. 13, 1992