18 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,210 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,309 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Adickes v. Kress Co.
398 U.S. 144 (1970) Cited 25,041 times 1 Legal Analyses
Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983
Loughrin v. United States
573 U.S. 351 (2014) Cited 385 times 10 Legal Analyses
Holding that—for the term "or"—the "ordinary use is almost always disjunctive, that is, the words it connects are to be given separate meanings" (quoting United States v. Woods, 571 U.S. 31, 45-46 (2013))
Delaware Hudson Ry. v. Consolidated Rail
902 F.2d 174 (2d Cir. 1990) Cited 910 times
Holding that a smaller rail carrier presented genuine issues of material fact with respect to its antitrust claims against a larger carrier where the larger carrier "placed [the smaller carrier] in a bind between giving up almost all of its profits on a given route and losing entirely the ability to carry freight on the route"
Niagara Mohawk Power v. Jones Chemical Inc.
315 F.3d 171 (2d Cir. 2003) Cited 486 times
Holding passive movement of contaminant from one property to another not a CERCLA disposal
Buttry v. General Signal Corp.
68 F.3d 1488 (2d Cir. 1995) Cited 232 times
Holding that cause of action accrued when union manifestly abandoned the interests of its members
Marblegate Asset Mgmt. v. Educ. Mgmt. Corp.
75 F. Supp. 3d 592 (S.D.N.Y. 2014) Cited 12 times 12 Legal Analyses
In Marblegate Asset Mgmt., LLC v. Educ. Mgmt. Corp., 75 F.Supp.3d 592 (S.D.N.Y. 2014) [" Marblegate I "], the defendant devised an exchange offer in which exchanging holders of unsecured but guaranteed notes would receive a package of debt and equity in a new company.
UPIC Co. v. Kinder-Care Learning Ctrs., Inc.
793 F. Supp. 448 (S.D.N.Y. 1992) Cited 36 times
Finding no action clause does not affect plaintiff's right "to receive payment of principal of . . . the Security, on or after the due date expressed in the Security"
Wright v. Goldman Sachs Company
387 F. Supp. 2d 314 (S.D.N.Y. 2005) Cited 20 times
Granting summary judgment to defendants on failure to transfer claim, where plaintiff had "not introduced any evidence that he actually applied for a specific position within Goldman, stating at his deposition only that he requested a transfer to 'any other department'"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,736 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 77aaa - Short title
15 U.S.C. § 77aaa Cited 150 times
This subchapter may be cited as the "Trust Indenture Act of 1939." 15 U.S.C. § 77aaa May 27, 1933, ch. 38, title III, §301, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-550, title IV, §401, Nov. 15, 1990, 104 Stat. 2721, provided that: "This title [amending sections 77ccc to 77eee, 77iii to 77rrr, and 77vvv of this title] may be cited as the 'Trust Indenture Reform Act of 1990'."
Section 77ppp - Directions and waivers by bondholders; prohibition of impairment of holder's right to payment; record date
15 U.S.C. § 77ppp Cited 55 times 8 Legal Analyses
Prohibiting modification of right to receive payment without noteholder's consent "except ... as provided in paragraph of subsection of this section."
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
Section 77eee - Securities required to be registered under Securities Act
15 U.S.C. § 77eee Cited 6 times
(a) Information required Subject to the provisions of section 77ddd of this title, a registration statement relating to a security shall include the following information and documents, as though such inclusion were required by the provisions of section 7 of the Securities Act of 1933 [ 15 U.S.C. 77g ]- (1) such information and documents as the Commission may by rules and regulations prescribe in order to enable the Commission to determine whether any person designated to act as trustee under the
Section 77ggg - Qualification of indentures covering securities not required to be registered
15 U.S.C. § 77ggg Cited 2 times
(a) Application; information required; availability of information to public In the case of any security which is not required to be registered under the Securities Act of 1933 [ 15 U.S.C. 77a et seq.] and to which subsection (a) of section 77fff of this title is applicable notwithstanding the provisions of section 77ddd of this title, an application for qualification of the indenture under which such security has been or is to be issued shall be filed with the Commission by the issuer of such security

UMB Bank, N.A. v. Caesars Entertainment Corporation

18 Cited authorities

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"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

Holding that—for the term "or"—the "ordinary use is almost always disjunctive, that is, the words it connects are to be given separate meanings" (quoting United States v. Woods, 571 U.S. 31, 45-46 (2013))

Holding passive movement of contaminant from one property to another not a CERCLA disposal

Holding that cause of action accrued when union manifestly abandoned the interests of its members

In Marblegate Asset Mgmt., LLC v. Educ. Mgmt. Corp., 75 F.Supp.3d 592 (S.D.N.Y. 2014) [" Marblegate I "], the defendant devised an exchange offer in which exchanging holders of unsecured but guaranteed notes would receive a package of debt and equity in a new company.

Finding no action clause does not affect plaintiff's right "to receive payment of principal of . . . the Security, on or after the due date expressed in the Security"

Granting summary judgment to defendants on failure to transfer claim, where plaintiff had "not introduced any evidence that he actually applied for a specific position within Goldman, stating at his deposition only that he requested a transfer to 'any other department'"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Prohibiting modification of right to receive payment without noteholder's consent "except ... as provided in paragraph of subsection of this section."