Legal Opinion

Bank of New York v. First Millennium, Inc.

Court of Appeals for the Second Circuit

Decided June 1, 2010No. Docket 09-1628-cvPublishedCited by 256 opinions

1Opinion of the Court

GERARD E. LYNCH, Circuit Judge:

In this interpleader action, the parties assert competing claims to the dregs of a failed securitization of credit card debt. Appellant, the Federal Deposit Insurance Corporation (the “FDIC”), as well as appellees, First Millennium, Inc., Millennium Partners, L.P. (together, “Millennium”) and RMK Advantage Income Fund (“RMK”), seek distribution of the funds held by the interpleader plaintiff, the Bank of New York (“BNY”), as trustee for the NextCard Credit Card Master Note Trust (“the trust”). The FDIC argues that it is entitled to the funds as the receiver for…

2Cases cited33 opinions

  1. Ben Gary Triestman v. Federal Bureau of Prisons, United States of AmericaCourt of Appeals for the Second Circuit · 2006
  2. Allen v. McCurrySupreme Court of the United States · 1980
  3. Hayden v. PatersonCourt of Appeals for the Second Circuit · 2010
  4. McBride v. BIC Consumer Products Manufacturing Co.Court of Appeals for the Second Circuit · 2009
  5. Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 1994

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3Cited by256 opinions

  1. Michael Willner v. James DimonCourt of Appeals for the Fourth Circuit · 2017
  2. Kiobel v. Royal Dutch Petroleum Co.Court of Appeals for the Second Circuit · 2010
  3. Whole Woman's Health v. HellerstedtSupreme Court of the United States · 2016
  4. Bellamy v. City of N.Y.Court of Appeals for the Second Circuit · 2019
  5. Janell Howard v. City of Coos BayCourt of Appeals for the Ninth Circuit · 2017

251 more not listed; retrieve them via the Exa API.

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