Legal Opinion
Eberhard v. Marcu
Court of Appeals for the Second Circuit
Decided June 20, 2008No. Docket 06-4536-cvPublishedCited by 76 opinions
1Opinion of the Court
WESLEY, Circuit Judge:
This appeal presents novel issues concerning the authority of a federal securities receiver over property claimed by a third party. We hold that a receiver cannot employ section 276 of New York’s Debtor & Creditor Law to set aside a fraudulent conveyance where he represents only the transferor. We also hold that a third party is entitled to a jury trial under the Seventh Amendment to determine ownership of property claimed by a receiver. For these reasons, we vacate the judgment of the United States District Court for the Southern District of New York (Berman, /.) and…
2Cases cited47 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Securities and Exchange Commission v. Manor Nursing Centers, Inc.Court of Appeals for the Second Circuit · 1972
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3Cited by76 opinions
- In Re Bernard L. Madoff Investment Securities LLCCourt of Appeals for the Second Circuit · 2011
- Federal Housing Finance Agency v. Nomura Holding America, Inc.Court of Appeals for the Second Circuit · 2017
- Klein v. CorneliusCourt of Appeals for the Tenth Circuit · 2015
- Janvey v. Democratic Senatorial Campaign Committee, Inc.Court of Appeals for the Fifth Circuit · 2013
- Ralph Janvey v. Tonya DokkenCourt of Appeals for the Fifth Circuit · 2014
71 more not listed; retrieve them via the Exa API.