Legal Opinion

Resolution Trust Corp. v. Diamond

District Court, S.D. New York

Decided August 21, 1992No. 91 Civ. 1361 (RLC), 91 Civ. 1683 (RLC)PublishedCited by 7 opinions

1Opinion of the Court

ROBERT L. CARTER, District Judge.

At issue in these consolidated actions is whether the Resolution Trust Corporation (“RTC”) is empowered by federal statute to evict tenants in RTC-controlled apartments in violation of state rent control, rent stabilization, and securities laws. The RTC contends that its enabling statute contains such authorization, and that contrary state laws are preempted under the Supremacy Clause of the United States Constitution. The Attorney General of the State of New York and the New York State Division of Housing and Community Renewal (“DHCR”) (collectively the…

2Cases cited32 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  4. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  5. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983

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

3Cited by7 opinions

  1. Resolution Trust Corp. v. DiamondCourt of Appeals for the Second Circuit · 1994
  2. Doona v. OneSource Holdings, Inc.District Court, E.D. New York · 2010
  3. Midlantic National Bank/North v. Federal Reserve Bank of New YorkDistrict Court, S.D. New York · 1993
  4. Federal Home Loan Mortgage Corp. v. New York State Division of Housing & Community RenewalDistrict Court, E.D. New York · 1994
  5. Forbes v. Federal Deposit InsuranceDistrict Court, D. Massachusetts · 1994

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API