51 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,112 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"
Hunt v. Cromartie
526 U.S. 541 (1999) Cited 2,895 times 1 Legal Analyses
Holding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,470 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Hardt v. Reliance Standard Life Ins. Co.
560 U.S. 242 (2010) Cited 1,332 times 30 Legal Analyses
Holding a party need not "prevail[]" to obtain a fee award under § 1132(g); instead, a court has discretion to grant such an award as long as the party "has achieved some degree of success on the merits"
First Nat. Bank v. Cities Service
391 U.S. 253 (1968) Cited 8,848 times 1 Legal Analyses
Holding that a continuance of summary judgment need not be granted particularly when ample time and opportunities for discovery have already lapsed
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,672 times 8 Legal Analyses
Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
Holtz v. Rockefeller Co., Inc.
258 F.3d 62 (2d Cir. 2001) Cited 2,760 times 1 Legal Analyses
Holding that a court "may in its discretion opt to conduct an assiduous review of the record even where one of the parties has failed to file" the Southern District of New York equivalent of a Rule 56 statement
Vt. Teddy Bear Co. v. 1-800 Beargram Co.
373 F.3d 241 (2d Cir. 2004) Cited 2,368 times
Holding that where a motion for summary judgment is unopposed, the district court may not rely solely on the facts asserted in the movant's 56.1 statement but “must be satisfied that the citation to evidence in the record supports the assertion.”
Loughrin v. United States
573 U.S. 351 (2014) Cited 393 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))
Goenaga v. March of Dimes Defects Foundation
51 F.3d 14 (2d Cir. 1995) Cited 1,673 times
Holding that a movant's burden is satisfied if he can point to an absence of evidence to support an essential element of the nonmoving party's claim
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,074 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,719 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Section 1956 - Laundering of monetary instruments
18 U.S.C. § 1956 Cited 9,354 times 142 Legal Analyses
Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses
Section 3663A - Mandatory restitution to victims of certain crimes
18 U.S.C. § 3663A Cited 5,228 times 36 Legal Analyses
Granting these categories of restitution to victims "in any case"
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,182 times 49 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Section 1344 - Bank fraud
18 U.S.C. § 1344 Cited 4,950 times 60 Legal Analyses
Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"
Rule 44.1 - Determining Foreign Law
Fed. R. Civ. P. 44.1 Cited 1,208 times 23 Legal Analyses
Noting the court's determination of foreign law is treated as a question of law
Section 1841 - Definitions
12 U.S.C. § 1841 Cited 286 times 24 Legal Analyses
Exempting state companies from regulations covering federal bank holding companies

United States of America v. Prevezon Holdings Ltd. et al

51 Cited authorities

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 the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding a party need not "prevail[]" to obtain a fee award under § 1132(g); instead, a court has discretion to grant such an award as long as the party "has achieved some degree of success on the merits"

Holding that a continuance of summary judgment need not be granted particularly when ample time and opportunities for discovery have already lapsed

Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

Holding that a court "may in its discretion opt to conduct an assiduous review of the record even where one of the parties has failed to file" the Southern District of New York equivalent of a Rule 56 statement

Holding that where a motion for summary judgment is unopposed, the district court may not rely solely on the facts asserted in the movant's 56.1 statement but “must be satisfied that the citation to evidence in the record supports the assertion.”

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 that a movant's burden is satisfied if he can point to an absence of evidence to support an essential element of the nonmoving party's claim

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

Recognizing exception to rule against hearsay for records of regularly conducted activities

Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

Granting these categories of restitution to victims "in any case"

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

Noting the court's determination of foreign law is treated as a question of law

Exempting state companies from regulations covering federal bank holding companies