Burton R. Lifland
How Judge Lifland rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Lifland no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lifland decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Federal-state comity favored remand where New York had a strong interest in resolving unsettled commercial law.
“New York has a strong interest in developing unsettled Article 9 law in accordance with its policy considerations.”
Procedural preferences
A dismissal with prejudice ended the underlying suit and required an independent jurisdictional basis for later settlement enforcement.
“when a suit is dismissed with prejudice, it is gone, and the district court cannot adjudicate disputes arising out of the settlement that led to the dismissal merely by stating that it is retaining jurisdiction”
Cautions
The court enjoined foreign litigation that attempted to displace issues already before the SIPA court.
“The Cayman Action is a clear attack on this Court’s exclusive jurisdiction and a blatant attempt to hijack the key issues to another court for determination.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth above, the Motion is GRANTED.”
“MEMORANDUM DECISION AND ORDER REMANDING ADVERSARY PROCEEDING TO STATE COURT”
“The Motion is accordingly DENIED.”
“Daewoo’s motion for an order declaring that Coastal must release the $225,000, holding Coastal in contempt of the Recognition Order, and sanctioning Coastal is DENIED.”
“the Motion is hereby DENIED.”
“the Motions are hereby GRANTED in their entirety.”
“In light of the above, the Motion is hereby DENIED.”
“Accordingly, the Motion is hereby GRANTED.”
“MEMORANDUM DECISION GRANTING TRUSTEE’S MOTION FOR ENFORCEMENT OF THE AUTOMATIC STAY AND FOR A PRELIMINARY INJUNCTION”
“the Trustee’s Motion is hereby GRANTED.”
“the Sentry BVI Liquidation Proceeding is a foreign main proceeding as defined in section 1517(b)(1) of the Code”
“the Sigma and Lambda BVI Liquidation Proceedings are recognized as foreign main proceedings”
“the Petitioners’ request for specific relief under section 1521 of the Code, with the limited exception of the BLMIS Trustee’s pending adversary proceeding against the Debtors, is hereby granted.”
“the Court denies leave to the Trustee to add the Spouse Defendants with respect to the Bankruptcy Claims”
“grants leave to add them in connection with the Subsequent Transfer Claims”
“to add Stephanie Mack and Deborah Madoff in connection with the Common Law Claims of constructive trust and unjust enrichment.”
A historical record
Judge Lifland no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.