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Summaries by Ferve Ozturk

Loreley Financing (Jersey) No. 3 Ltd., et al. v. Wells Fargo Securities, LLC, et al.

Citation:
Loreley Financing (Jersey) No. 3 v. Wells Fargo Securities, LLC, No. 13-CV-1476 Slip Op. (2d Cir. July 24, 2015)
Ruling:
The Circuit Court held that the district court erred in aspects of its dismissal under Rule 12(b)(6). The court found that (1) Plaintiffs' identification of the group defendants suffices to meet...
Judge(s):
Leval, Calabresi, Lynch
Tag(s):

CarVal UK Ltd. v. Giddens (In The Matter of Lehman Brothers, Inc.)

Citation:
No. 14-890, Slip Op. (2d Cir. June 29, 2015)
Ruling:
The appellant was not a customer for purposes of the Securities Investor Protection Act because the Court's precedents require that a customer must have "entrusted" asset to a failed broker-dealer.
Judge(s):
Katzmann, Walker, Chin
Tag(s):

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

Citation:
Slip Op., No. 12‐4131‐bk (2d Cir. Mar. 2, 2015)
Ruling:
The Circuit Court previously concluded that the application of section 282(2) to New York’s rent stabilization laws raised an unresolved question of New York law and certified the question to the...
Judge(s):
Before: SACK, PARKER, and RAGGI, Circuit Judges.
Tag(s):

Lucas v. Dynegy Inc. (In re Dynegy, Inc.)

Citation:
No. 13-2581, Slip Op. (2d Cir. Oct. 31, 2014)
Ruling:
The circuit court affirmed the district court's ruling that the appellant lacked standing to opt out of or object to the reorganization plan on behalf of a putative class in a separate securities...
Judge(s):
Murtha, J. (sitting by designation); Walker, J.; Hall, J.
Tag(s):

International Union v. Visteon Corp. (In re Visteon Corp)

Citation:
International Union v. Visteon Corp. (In re Visteon Corp), No. 12-3352, Slip Op. (3d Cir. Aug. 28, 2014)
Ruling:
Order of the bankruptcy court termining pension benefits was final and subject to appeal. Party that failed to appeal the order could not get the benefit of the appellate court's reversal of the...
Judge(s):
McKee, Chagares, Nygaard
Tag(s):

Adelphia Recovery Trust v. Goldman

Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

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