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Second Circuit· 8/13/2010

Commodity Futures Trading Commission v. Walsh

Citations

  • 618 F.3d 218
  • 2010 U.S. App. LEXIS 16909

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that spouse would only have a legitimate claim to illegally obtained property if a separation agreement by which the spouse provided valuable consideration “served to create a legitimate interest where none existed before”
  • explaining that, in order to qualify as a good faith purchaser for value under state law, relief defendant must provide “fair consideration”
  • explaining that a relief defendant may provide value by relinquishing legal claims to marital property through a negotiated separation agreement
  • observing that we “resort to certification sparingly” (internal quotation marks omitted)
  • observing that certification is appropriate where an issue has not been litigated often enough in New York courts to give rise to \sufficient precedents . . . to make a determination concerning [its] proper outcome\ (internal quotation marks and alterations omitted)
  • observing that certification is appropriate where an issue has not been litigated often enough in New York courts to give rise to “sufficient precedents . . . to make a determination concerning [its] proper outcome” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Raggi, Lynch, Wallace

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.