24 Cited authorities

Protective Committee v. Anderson
390 U.S. 414 (1968) Cited 967 times
Holding that bankruptcy court abused its discretion by failing to consider whether alternatives were preferable to proposed settlement
Pa. Bureau of Correction v. U.S. Marshals
474 U.S. 34 (1985) Cited 495 times 3 Legal Analyses
Holding that the custodian named in a writ of habeas corpus ad testificandum must " ‘bring the party before the judge who granted the writ,’ " and there is no authority for a court "to cause third parties who are neither custodians nor parties to the litigation to bear the cost of producing the prisoner in a federal court"
Adams v. U.S. ex Rel. McCann
317 U.S. 269 (1942) Cited 1,942 times
Holding that ". . . an accused, in the exercise of a free and intelligent choice, and with the considered approval of the court, may waive trial by jury . . . There is nothing in the Constitution to prevent an accused from choosing to have his fate tried before a judge without a jury . . ."
Girsh v. Jepson
521 F.2d 153 (3d Cir. 1975) Cited 692 times 6 Legal Analyses
In Girsh v. Jepson, 521 F.2d 153 (3d Cir.1975), we set out nine factors that courts should consider when deciding whether to approve a settlement.
In re W.T. Grant Co.
699 F.2d 599 (2d Cir. 1983) Cited 408 times
Holding that, apart from constraints imposed by preference and fraudulent conveyance law, creditor may generally use its bargaining position to improve status of its existing claims
In re Iridium Operating
478 F.3d 452 (2d Cir. 2007) Cited 188 times 12 Legal Analyses
Upholding compromise to transfer debtor's assets against challenge that it constituted a sub rosa plan because the transfer furthered a "proper business justification"
Newman v. Stein
464 F.2d 689 (2d Cir. 1972) Cited 347 times
Articulating abuse-of-discretion and range-of-reasonableness standards for review of a bankruptcy court's approval of a settlement
Bennett v. Behring Corp.
737 F.2d 982 (11th Cir. 1984) Cited 207 times 2 Legal Analyses
Holding that, to be approved, class-action settlements must be fair, adequate, and reasonable
Securities Exch. Com'n v. Wencke
622 F.2d 1363 (9th Cir. 1980) Cited 156 times 3 Legal Analyses
Holding that a district court may issue an order staying a non-party from bringing litigation against receivership entities except by leave of court
Gilchrist v. General Elec. Capital Corp.
262 F.3d 295 (4th Cir. 2001) Cited 61 times
Addressing injunction entered against out-of-district creditors who were not party to bankruptcy action
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,506 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 1651 - Writs
28 U.S.C. § 1651 Cited 11,062 times 60 Legal Analyses
Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,558 times 54 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Rule 66 - Receivers
Fed. R. Civ. P. 66 Cited 342 times 2 Legal Analyses
Providing that "the practice in administering an estate by a receiver or similar court-appointed officer must accord with the historical practice in federal courts or with a local rule"

Securities and Exchange Commission v. WG Trading Investors, L.P. et al

24 Cited authorities

Holding that bankruptcy court abused its discretion by failing to consider whether alternatives were preferable to proposed settlement

Holding that ". . . an accused, in the exercise of a free and intelligent choice, and with the considered approval of the court, may waive trial by jury . . . There is nothing in the Constitution to prevent an accused from choosing to have his fate tried before a judge without a jury . . ."

In Girsh v. Jepson, 521 F.2d 153 (3d Cir.1975), we set out nine factors that courts should consider when deciding whether to approve a settlement.

Holding that, apart from constraints imposed by preference and fraudulent conveyance law, creditor may generally use its bargaining position to improve status of its existing claims

Upholding compromise to transfer debtor's assets against challenge that it constituted a sub rosa plan because the transfer furthered a "proper business justification"

Articulating abuse-of-discretion and range-of-reasonableness standards for review of a bankruptcy court's approval of a settlement

Holding that, to be approved, class-action settlements must be fair, adequate, and reasonable

Holding that a district court may issue an order staying a non-party from bringing litigation against receivership entities except by leave of court

Addressing injunction entered against out-of-district creditors who were not party to bankruptcy action

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Providing that "the practice in administering an estate by a receiver or similar court-appointed officer must accord with the historical practice in federal courts or with a local rule"