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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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