Legal Opinion
Tire Eng'g & Distrib, L.L.C. v. Bank of China Ltd., Motorola
Court of Appeals for the Second Circuit
Decided January 14, 2014No. 13-1519-cv, 13-2535-cv(L), 13-2639-cv(con)PublishedCited by 25 opinions
1Opinion of the Court
CHIN, Circuit Judge.
These appeals, heard in tandem, challenge two orders entered in the United States District Court for the Southern District of New York (Carter, J., and Rakoff, /.), holding that the separate entity rule precludes a court from ordering a garnishee bank with branches in New York to turn over or restrain assets of judgment debtors held in foreign branches of the bank. In both cases, the plaintiff judgment creditors (“plaintiffs”) contend that the decision of the New York Court of Appeals in Koehler v. Bank of Bermuda Ltd., 12 N.Y.3d 533, 883 N.Y.S.2d 763, 911 N.E.2d 825…
2Cases cited27 opinions
- Shaffer v. HeitnerSupreme Court of the United States · 1977
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Tire Engineering & Distribution, LLC v. Shandong Linglong Rubber Co.Court of Appeals for the Fourth Circuit · 2012
- Caronia v. Philip Morris USA, Inc.Court of Appeals for the Second Circuit · 2013
- Geron ex rel. Estate of Thelen LLP v. Seyfarth Shaw LLP (In re Thelen LLP)Court of Appeals for the Second Circuit · 2013
22 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Pasternack v. Laboratory Corp. of America HoldingsCourt of Appeals for the Second Circuit · 2015
- CSX Transportation, Inc. v. Island Rail Terminal, Inc.Court of Appeals for the Second Circuit · 2018
- Motorola Credit Corporation v. Standard Chartered BankNew York Court of Appeals · 2014
- Next Investments, LLC v. Bank of ChinaCourt of Appeals for the Second Circuit · 2021
- In re Outsidewall Tire LitigationDistrict Court, E.D. Virginia · 2014
20 more not listed; retrieve them via the Exa API.