94 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Segal v. Rochelle

    382 U.S. 375 (1966)   Cited 742 times   1 Legal Analyses
    Holding that whether property is included in an estate depends on whether it “is sufficiently rooted in the pre-bankruptcy past and so little entangled with the bankrupts' ability to make an unencumbered fresh start”
  3. Atherton v. Federal Deposit Insurance Corp.

    519 U.S. 213 (1997)   Cited 278 times   1 Legal Analyses
    Holding that state law rather than federal common law defines standard of care for corporate governance
  4. D'Oench, Duhme Co. v. F.D.I.C

    315 U.S. 447 (1942)   Cited 1,399 times   3 Legal Analyses
    Holding that liability on a promissory note acquired by the FDIC is a federal question
  5. In re Egidi

    571 F.3d 1156 (11th Cir. 2009)   Cited 215 times
    Holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal
  6. In re First Central Financial Corp.

    377 F.3d 209 (2d Cir. 2004)   Cited 215 times   3 Legal Analyses
    Holding that the unjust enrichment element “is the most important since the purpose of the constructive trust is prevention of unjust enrichment.”
  7. Golden Pacific Bancorp. v. F.D.I.C

    375 F.3d 196 (2d Cir. 2004)   Cited 210 times
    Holding that the FDIC, like other creditors and depositors of the failed bank, was entitled to post-insolvency interest
  8. United Dominion Industries v. United States

    532 U.S. 822 (2001)   Cited 67 times   2 Legal Analyses
    Holding that the single-entity approach is the proper method for calculating product liability losses among a consolidated group
  9. Borg-Warner Acceptance Corp. v. Hall

    685 F.2d 1306 (11th Cir. 1982)   Cited 268 times
    Holding that order finding corporation had no enforceable security interest was final as res judicata would bar subsequent attempts to enforce its interest
  10. VFB LLC v. Campbell Soup Co.

    482 F.3d 624 (3d Cir. 2007)   Cited 132 times   2 Legal Analyses
    Holding that "the market price is a more reliable measure of the stock's value than the subjective estimates of one or two expert witnesses"
  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 348,148 times   927 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 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,517 times   175 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
  13. Section 502 - Allowance of claims or interests

    11 U.S.C. § 502   Cited 9,168 times   85 Legal Analyses
    Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication
  14. Section 546 - Limitations on avoiding powers

    11 U.S.C. § 546   Cited 2,238 times   70 Legal Analyses
    Granting an administrative expense priority claim
  15. Section 1823 - Corporation monies

    12 U.S.C. § 1823   Cited 1,303 times   11 Legal Analyses
    Extending to agreements that “tend to diminish or defeat the interest of the [FDIC] in any asset acquired by it ... as a receiver,” and demanding a writing executed “contemporaneously with the acquisition of the asset”
  16. Section 1441a - Repealed

    12 U.S.C. § 1441a   Cited 500 times   1 Legal Analyses
    Granting RTC "the same powers and rights to carry out its duties" as the Federal Deposit Insurance Corporation has under 12 U.S.C. § 1821-1823
  17. Section 1818 - Termination of status as insured depository institution

    12 U.S.C. § 1818   Cited 496 times   42 Legal Analyses
    Granting subpoena power to the Federal Deposit Insurance Corporation
  18. Section 1828 - Regulations governing insured depository institutions

    12 U.S.C. § 1828   Cited 216 times   24 Legal Analyses
    Defining golden parachute payment as including any payment or agreement to pay "pursuant to an obligation" that is contingent on the IAP's termination
  19. Section 91 - Transfers by bank and other acts in contemplation of insolvency

    12 U.S.C. § 91   Cited 163 times
    Prohibiting transfers "made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another"
  20. Section 504 - Civil money penalty

    12 U.S.C. § 504   Cited 65 times   1 Legal Analyses
    Subjecting banks that violate, inter alia, § 371c to civil penalties
  21. Section 1.1502-77 - Agent for the group

    26 C.F.R. § 1.1502-77   Cited 27 times

    (a)Agent for the group - (1)Sole agent. Except as provided in paragraphs (e) and (f)(2) of this section, one entity (the agent) is the sole agent that is authorized to act in its own name regarding all matters relating to the federal income tax liability for the consolidated return year for each member of the group and any successor or transferee of a member (and any subsequent successors and transferees thereof). The identity of that agent is determined under the rules of paragraph (c) of this section

  22. Section 325.6 - Required reports of stress test results to the FDIC and the Board of Governors of the Federal Reserve System

    12 C.F.R. § 325.6   Cited 2 times

    (a)Report required for periodic stress test results. A covered bank must report to the FDIC and to the Board of Governors of the Federal Reserve System, on or before April 5 of the reporting year, the results of the stress test in the manner and form specified by the FDIC. (b)Content of reports. (1) The reports required under paragraph (a) of this section must include under the baseline scenario, severely adverse scenario, and any other scenario required by the Corporation under this part, a description