23 Cited authorities

Mohawk Indus., Inc. v. Carpenter
558 U.S. 100 (2009) Cited 770 times 17 Legal Analyses
Holding that, although a privilege interest is certainly important, it can effectively be reviewed on direct appeal without resorting to the collateral-order doctrine to bypass the final-judgment rule
Kiobel v. Royal Dutch Petroleum Co.
569 U.S. 108 (2013) Cited 479 times 45 Legal Analyses
Holding that the ATS does not authorize an action for a tort that occurred entirely outside of the United States
Doninger v. Niehoff
642 F.3d 334 (2d Cir. 2011) Cited 384 times
Holding that qualified immunity protects official conduct unless pre-existing law makes the unlawfulness of the conduct apparent
Katz v. Carte Blanche Corporation
496 F.2d 747 (3d Cir. 1974) Cited 807 times
Holding a controlling question of law encompasses "every order which, if erroneous, would be reversible error on final appeal" as well as questions "serious to the conduct of the litigation, either practically or legally"
Klinghoffer v. S.N.C. Achille Lauro
921 F.2d 21 (2d Cir. 1990) Cited 414 times 2 Legal Analyses
Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"
Flor v. BOT Financial Corp. (In re Flor)
79 F.3d 281 (2d Cir. 1996) Cited 352 times
Holding a denial of confirmation of a Chapter 11 plan is interlocutory and reasoning that the Second Circuit's holding in Maiorino v. Branford Savings Bank, a Chapter 13 case, “applies with comparable force” in the Chapter 11 context
Garner v. Wolfinbarger
430 F.2d 1093 (5th Cir. 1970) Cited 353 times 19 Legal Analyses
Finding as another persuasive reason for disclosure, apart from any obligation running from corporation to shareholders, which may be akin to one arising out of a trustor/trustee relationship, that "[i]n many situations in which the same attorney acts for two or more parties having a common interest, neither party may exercise the privilege in a subsequent controversy with the other"
Balintulo v. Daimler AG
727 F.3d 174 (2d Cir. 2013) Cited 87 times 4 Legal Analyses
Holding that the plaintiffs' "allegations were insufficient to displace the presumption" against extraterritoriality where "defendants' alleged domestic conduct lacked a clear link to the human rights abuses occurring in South Africa that were at the heart of plaintiffs' action"
Sokaogon Gaming Enterprise Corp. v. Tushie-Montgomery Associates, Inc.
86 F.3d 656 (7th Cir. 1996) Cited 135 times
Finding a waiver of sovereign immunity where "[n]o one reading th[e] clause [at issue] could doubt that the effect was to make the tribe suable"
Weber v. U.S. Trustee
484 F.3d 154 (2d Cir. 2007) Cited 97 times
Finding it does not "perceive a conflict of such a nature that creates uncertainty in the bankruptcy courts, as all three of the courts within this circuit to have considered the question" have ruled in the same fashion
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 89,140 times 139 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,372 times 196 Legal Analyses
Granting appellate jurisdiction over certain types of interlocutory orders
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 16,724 times 105 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,095 times 17 Legal Analyses
Permitting the use of declarations instead

Wultz et al v. Bank of China Ltd

23 Cited authorities

Holding that, although a privilege interest is certainly important, it can effectively be reviewed on direct appeal without resorting to the collateral-order doctrine to bypass the final-judgment rule

Holding that the ATS does not authorize an action for a tort that occurred entirely outside of the United States

Holding that qualified immunity protects official conduct unless pre-existing law makes the unlawfulness of the conduct apparent

Holding a controlling question of law encompasses "every order which, if erroneous, would be reversible error on final appeal" as well as questions "serious to the conduct of the litigation, either practically or legally"

Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"

Holding a denial of confirmation of a Chapter 11 plan is interlocutory and reasoning that the Second Circuit's holding in Maiorino v. Branford Savings Bank, a Chapter 13 case, “applies with comparable force” in the Chapter 11 context

Holding that the plaintiffs' "allegations were insufficient to displace the presumption" against extraterritoriality where "defendants' alleged domestic conduct lacked a clear link to the human rights abuses occurring in South Africa that were at the heart of plaintiffs' action"

Finding a waiver of sovereign immunity where "[n]o one reading th[e] clause [at issue] could doubt that the effect was to make the tribe suable"

Finding it does not "perceive a conflict of such a nature that creates uncertainty in the bankruptcy courts, as all three of the courts within this circuit to have considered the question" have ruled in the same fashion

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Granting appellate jurisdiction over certain types of interlocutory orders

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Permitting the use of declarations instead