Legal Opinion
ATSI Communications, Inc. v. Shaar Fund, Ltd.
Court of Appeals for the Second Circuit
Decided October 20, 2008No. Docket 08-1815-cvPublishedCited by 27 opinions
1Opinion of the Court
SACK, Circuit Judge:
The question presented by this motion is whether the Supreme Court’s decision U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994) (“U.S.Bancorp ”), requires us, in the absence of exceptional circumstances, to deny a joint motion to vacate a district court’s judgment when the parties to the appeal have conditioned a settlement on our granting the motion. We conclude that it does and have therefore denied the motion with opinion to follow. This is that opinion.
BACKGROUND
ATSI Communications, Inc. brought this…
2Cases cited24 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008
- Cox Broadcasting Corp. v. CohnSupreme Court of the United States · 1975
19 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gunawan v. Sake Sushi RestaurantDistrict Court, E.D. New York · 2012
- ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2009
- United States v. RaymondaCourt of Appeals for the Second Circuit · 2015
- ProShipLine, Inc. v. Aspen Infrastructures, Ltd.Court of Appeals for the Second Circuit · 2009
- Rafter v. LiddleDistrict Court, S.D. New York · 2010
22 more not listed; retrieve them via the Exa API.