11 Cited authorities

Ct. Bank of Commerce v. Republic of Congo
309 F.3d 240 (5th Cir. 2002) Cited 76 times
Holding that in determining the preclusive effect of a prior state court judgment, federal courts must apply the preclusion law of the state that rendered the judgment
Aurelius Capital v. Rep. of Argentina
584 F.3d 120 (2d Cir. 2009) Cited 49 times
Holding that assets were not subject to execution under the FSIA because the assets at issue were not "used for a commercial activity," as required by the Act
Atwood Turnkey v. Petroleo Brasileiro
875 F.2d 1174 (5th Cir. 1989) Cited 75 times
Finding agency/instrumentality status because “the government of Brazil owns the majority of Petrobras' shares”
Petition of Rosenman Colin
850 F.2d 57 (2d Cir. 1988) Cited 69 times
Holding "[i]n the context of both attorneys' liens and other liens, such actions have repeatedly been regarded as equitable in nature so that no jury right attaches" and citingDamsky v. Zavatt, 289 F.3d 46, 53 (2d Cir. 1961)
Istim, Inc. v. Chemical Bank
78 N.Y.2d 342 (N.Y. 1991) Cited 47 times
Applying interest analysis to determine which jurisdiction's law to apply to dispute over rights in a settlement fund
In re Manshul Construction Corp.
225 B.R. 41 (Bankr. S.D.N.Y. 1998) Cited 23 times
Rejecting contention that bankruptcy court should exercise discretion against enforcement of arbitration agreement, and finding that arbitration was most desirable way to resolve fee dispute between defendants and former attorneys
S.A.L. v. Republic of Lebanon
06 Civ. 2765 (HB) (S.D.N.Y. May. 16, 2006)
06 Civ. 2765 (HB). May 16, 2006 OPINION ORDER HAROLD BAER JR., District Judge On April 10, 2006, Libancell S.A.L. ("Libancell" or "petitioner") moved ex parte for a temporary restraining order ("TRO") preventing, inter alia, Deutsche Bank Trust Company Americas ("Deutsche Bank") from transferring or disposing of any assets in which the Republic of Lebanon ("Lebanon") had an interest. This Court issued the TRO and required Lebanon to show cause on April 18, 2006 why a preliminary injunction and order
U.S. v. J.H.W. Gitlitz Deli Bar, Inc.
499 F. Supp. 1010 (S.D.N.Y. 1980) Cited 19 times
Holding that an attorney who received funds in escrow for his client was not entitled to a retaining lien because he "did not receive the funds in his capacity as an attorney"
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 4,027 times 6 Legal Analyses
Adopting state law for procedures to execute judgments and obtain relevant discovery
Section 5225 - Payment or delivery of property of judgment debtor
N.Y. CPLR 5225 Cited 841 times 1 Legal Analyses
Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
Section 475 - Attorney's lien in action, special or other proceeding
N.Y. Jud. Law § 475 Cited 773 times
Requiring that in order to assert a charging lien, the attorney must make an application to the court to determine and enforce the lien

The Export-Import Bank of The Republic of China v. Grenada

11 Cited authorities

Holding that in determining the preclusive effect of a prior state court judgment, federal courts must apply the preclusion law of the state that rendered the judgment

Holding that assets were not subject to execution under the FSIA because the assets at issue were not "used for a commercial activity," as required by the Act

Finding agency/instrumentality status because “the government of Brazil owns the majority of Petrobras' shares”

Holding "[i]n the context of both attorneys' liens and other liens, such actions have repeatedly been regarded as equitable in nature so that no jury right attaches" and citingDamsky v. Zavatt, 289 F.3d 46, 53 (2d Cir. 1961)

Applying interest analysis to determine which jurisdiction's law to apply to dispute over rights in a settlement fund

Rejecting contention that bankruptcy court should exercise discretion against enforcement of arbitration agreement, and finding that arbitration was most desirable way to resolve fee dispute between defendants and former attorneys

Holding that an attorney who received funds in escrow for his client was not entitled to a retaining lien because he "did not receive the funds in his capacity as an attorney"

Adopting state law for procedures to execute judgments and obtain relevant discovery

Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

Requiring that in order to assert a charging lien, the attorney must make an application to the court to determine and enforce the lien