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Summaries by Ferve Ozturk
- Summarized by Ferve Ozturk , BakerHostetler
- 8 years 4 months ago
- 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):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 8 years 5 months ago
- 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):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 8 years 7 months ago
- Citation:
- No. 14-1816 (3d Cir. Apr. 7, 2015)
- Ruling:
- Plaintiff in state and federal fair debt collection action sufficiently pled that disputed fees in the body of a foreclosure complaint against his home constituted actionable misrepresentation...
- Judge(s):
- FUENTES, FISHER and KRAUSE, Circuit Judges.
- Tag(s):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 8 years 9 months ago
- 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):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 8 years 10 months ago
- 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):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 9 years 2 months ago
- Citation:
- No. 13-3543, Slip Op. (3rd Cir. September 26, 2014)
- Ruling:
- Where a debtor avoids a fraudulent transfer and obtains a recovery order, it has sufficiently "recovered" those funds such that they are part of the debtor's estate under the Bankruptcy Code.
- Judge(s):
- Fisher, Scirica, Cowen
- Tag(s):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 9 years 2 months ago
- 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):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 9 years 6 months ago
- Citation:
- No. 13-3469, Slip Op. (3rd Cir. June 9, 2014)
- Ruling:
- - District Court's judgment vacated and case remanded for further proceedings.
- Under applicable Pennsylvania law, an action in debt does not constitute the proper method to enforce a statutory...
- Judge(s):
- Hardiman, Sloviter, Barry
- Tag(s):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 9 years 8 months ago
- 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):
-
- Summarized by Ferve Ozturk , BakerHostetler
- 9 years 11 months ago
- Citation:
- No. 13-1712 (3rd Cir. Oct. 17, 2013)
- Ruling:
- - Debtor’s post-petition payment pursuant to a first-day wage order does not affect the calculation of preference liability and the new value defense.
- Statutory language is not clear but...
- Judge(s):
- Rendell, Jordan, Lipez
- Tag(s):
-
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