26 Cited authorities

Hansen v. Continental Ins. Co.
940 F.2d 971 (5th Cir. 1991) Cited 466 times 1 Legal Analyses
Holding that "if there is a conflict between the summary plan description and the terms of the policy, the summary plan description shall govern."
Citadel Holding Corp. v. Roven
603 A.2d 818 (Del. 1992) Cited 300 times 1 Legal Analyses
Holding that a corporation was not required to advance unreasonable expenses when the indemnification clause in the contract and Delaware law both have a reasonableness standard for indemnification expenses
Grindlay's Bank v. J. Zeevi Sons
423 U.S. 866 (1975) Cited 93 times
Rejecting the foreign decree, the Court held that, among other things, New York law applies where payment was to be made in New York with United States dollars and New York has vital interest to enforce international commerce transaction
Arbit. Bet. Trans Chem. Ltd. and China
978 F. Supp. 266 (S.D. Tex. 1997) Cited 111 times
Finding that an arbitration award could not be vacated for fraud when the party moving to vacate the award discovered the fraud, brought it to the attention of the arbitrator, and had an opportunity to discover the extent of the fraud but chose not to do so
Indosuez Intl. Finance B.V. v. Nat. Reserve Bank
98 N.Y.2d 238 (N.Y. 2002) Cited 93 times
Holding that plaintiff reasonably relied on the apparent authority of defendant's "deputy chairperson" to sign contract on defendant's behalf
Robinson v. Watts Detective Agency
685 F.2d 729 (1st Cir. 1982) Cited 155 times
Finding no liability because neither defendant received any of the fraudulently transferred property
Cargill, Inc. v. Charles Kowsky Resources, Inc.
949 F.2d 51 (2d Cir. 1991) Cited 109 times
Finding waiver of Massachusetts choice of law provision when both parties relied on New York law before district court and on appeal
Uniroyal Goodrich Tire v. Mutual Trading Corp.
63 F.3d 516 (7th Cir. 1995) Cited 80 times
Finding that expert fees, electronic research expenses and court reporter expenses are all compensable as costs
Zeevi v. Grindlays Bank
37 N.Y.2d 220 (N.Y. 1975) Cited 114 times
Holding that New York law governed where payment was to be rendered in New York and New York was locus of repudiation
Colon Velez v. Puerto Rico Marine Management
957 F.2d 933 (1st Cir. 1992) Cited 31 times
Holding that prejudgment interest appropriately applies to "tangible losses" in a successful § 185 suit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 41,441 times 58 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 101 - Definitions
11 U.S.C. § 101 Cited 27,041 times 228 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 105 - Power of court
11 U.S.C. § 105 Cited 9,625 times 84 Legal Analyses
Granting the court powers as appropriate to carry out the Code
Section 502 - Allowance of claims or interests
11 U.S.C. § 502 Cited 9,314 times 99 Legal Analyses
Recognizing that claims may be invalid “under [an] agreement or applicable law for a reason other than because such claim is contingent or unmatured” and authorizing a debtor's objection to a proof of claim on that basis
Section 363 - Use, sale, or lease of property
11 U.S.C. § 363 Cited 7,189 times 170 Legal Analyses
Granting trustee authority, after notice and hearing, to sell property of estate
Section 365 - Executory contracts and unexpired leases
11 U.S.C. § 365 Cited 5,767 times 216 Legal Analyses
Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval
Rule 7001 - Scope of Rules of Part VII
Fed. R. Bankr. P. 7001 Cited 2,852 times 8 Legal Analyses
Permitting the filing of adversary complaints "to recover money"
Rule 3001 - Proof of Claim
Fed. R. Bankr. P. 3001 Cited 2,618 times 9 Legal Analyses
Including Official Form 10
Rule 7019 - Joinder of Persons Needed for Just Determination
Fed. R. Bankr. P. 7019 Cited 176 times
Incorporating Fed.R.Civ.P. 19

Saudi American Bank v. Shaw Group Inc., et al

26 Cited authorities

Holding that "if there is a conflict between the summary plan description and the terms of the policy, the summary plan description shall govern."

Holding that a corporation was not required to advance unreasonable expenses when the indemnification clause in the contract and Delaware law both have a reasonableness standard for indemnification expenses

Rejecting the foreign decree, the Court held that, among other things, New York law applies where payment was to be made in New York with United States dollars and New York has vital interest to enforce international commerce transaction

Finding that an arbitration award could not be vacated for fraud when the party moving to vacate the award discovered the fraud, brought it to the attention of the arbitrator, and had an opportunity to discover the extent of the fraud but chose not to do so

Holding that plaintiff reasonably relied on the apparent authority of defendant's "deputy chairperson" to sign contract on defendant's behalf

Finding no liability because neither defendant received any of the fraudulently transferred property

Finding waiver of Massachusetts choice of law provision when both parties relied on New York law before district court and on appeal

Finding that expert fees, electronic research expenses and court reporter expenses are all compensable as costs

Holding that New York law governed where payment was to be rendered in New York and New York was locus of repudiation

Holding that prejudgment interest appropriately applies to "tangible losses" in a successful § 185 suit

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Granting the court powers as appropriate to carry out the Code

Recognizing that claims may be invalid “under [an] agreement or applicable law for a reason other than because such claim is contingent or unmatured” and authorizing a debtor's objection to a proof of claim on that basis

Granting trustee authority, after notice and hearing, to sell property of estate

Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval

Permitting the filing of adversary complaints "to recover money"

Including Official Form 10

Incorporating Fed.R.Civ.P. 19