Search for: "Express, LLC"
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6 Jul, 2008 5:09 am
... discusses whether the Internet retailer committed false advertising by saying that it bought from authorized sources. Rebecca parses this issue. Finance Express
LLC v. Nowcom Corp., 2008 WL 2477430 (C.D. Cal. June 18, 2008) Finance ... "aggressive" marketing campaign for those customers that included
the following features: * registering several domain names containing Finance Express trademarks * posting a self-laudatory press release at those domain names urging customers
to transition to it. ...
19 Dec, 2006 7:32 am
FERC has requested that Elba Express LLC provide information regarding the gas quality and interchangeability specifications of
interconnecting and competing pipelines, and explain how the company developed the specifications included in its proposed tariff provisions for the Elba Express Pipeline
proposed as part of the proposed Elba Island LNG terminal expansion project. The Commission is requiring the additional ...
27 Dec, 2006 12:02 pm
AES Ocean Express LLC has requested an extension of the in-service date for its FERC-approved natural gas pipeline from the Bahamas to
Florida. AES requests that the date be moved from Jan. 29, 2007 to Jan. 29, 2011. According to AES' motion filed Dec. 21, the Bahamian government's delay in implementing LNG regulations
in the Bahamas has prevented AES from obtaining permits necessary to start construction. The filing is available in the FERC e-Library in Docket No. CP02-90-000.
12 May, 2008 4:30 am
... being whether an exchange of letters between two parties constituted a binding agreement or merely an unenforceable expression of intent. What makes it compelling reading is
its wrenching setting -- the breakup of a family as well as a business -- and the ... subject to the preparation of a definitive "formal agreement" that would include "typical
provisions" regarding the purchase of an LLC membership interest (in addition to the specific terms negotiated by defendant and plaintiff's
counsel) did ...
18 Jul, 2007 7:55 pm
... BURGESS, Plaintiff, v. AMERICAN EXPRESS COMPANY, INC., EXPERIAN INFORMATION SOLUTIONS, INC., INNER CONCEPTS, INC., CINGULAR WIRELESS, LLC, TARGET STORES, INC., WAL ... INC., VARIOUS, INC., FRISCHMAN ENTERPRISES, INC., AVIS BUDGET CAR RENTAL, LLC,
VONAGE AMERICA, INC., OFFICE DEPOT, INC., CITIGROUP CORPORATE, THE CREDO GROUP ... Amended Complaint, Burgess alleges that Defendants AIS Network, Inc. and Clickspring, LLC illegally placed programs on his computer that facilitated the receipt of unwanted "pop-up ...
22 Jan, 2007 9:53 am
... HER, INC., et al., Plaintiffs, v. RE/MAX FIRST CHOICE, LLC, et al., Defendants. No. 206-CV-492. Jan. 5, 2007. ... There, Defendant Michelle
Grosse registered the domain name "lucasnursery.com" to link to a website expressing her dissatisfaction with landscape work performed by Plaintiff Lucas Nursery and Landscaping,
... Injunction is GRANTED. Defendant Barlow and Defendant RE/MAX First Choice, LLC are hereby PRELIMINARY ENJOINED from the use of the
following domain names: (1) www.harleyroudajr.com (2) ...
28 Apr, 2008 4:30 am
... may be decreed when ". . . it is not reasonably practicable to carry on the [profitability] . . ." That language clearly contemplates the future of the LLC, i.e., after November 30, 2007 (when Transaero vacated the premises). Transaero was the only tenant, ... and Youngwall is whether courts should ever
consider dissolving an LLC solely on the ground of its unprofitability in the absence of some express provision in the operating
agreement that creates the nonconformity required by Section 702. ...
9 May, 2008 11:53 am
... often by scholars and practitioners alike as part of the ongoing discussion about the difference between applying fiduciary duty concepts to LLCs--or not--as compared with
the conventional application of those duties in the corporate context. This case began as an action to ... the case by Prof. Ribstein, who answers my above query thusly: So what result
here without an express elimination of duties? As discussed in my article linked above [The Uncorporation and Corporate Indeterminacy] and in other ...
30 Oct, 2008 2:17 pm
... of frauds -- to protect defendants against unfounded or fraudulent claims that would require performance over an extended period of time. However, in keeping with the legislature's
expressed intent "to give maximum effect . . . to the enforceability of limited liability companies," provisions of an oral LLC
operating agreement that could possibly be performed within one year will not fall within the statute of frauds ...
10 Jan, 2008 1:00 pm
... running the LLC. I already discussed several situations where not having an operating agreement may cause problems for the LLC's members in Getting Out of An Indiana Limited Liability Company. Now about some good things the operating agreement ... additional classes or groups of
managers having certain relative rights, powers, or duties, including voting rights, expressed either in the operating agreement or at the time the classes or groups are created,
including rights, powers, or duties senior to ...
15 Apr 11:49 am
... . The plaintiff was the main "point man" in Japan. Eventually, the plaintiff and the other members of the LLC had disagreements that caused
the plaintiff to want to leave. This litigation started when the negotiations for an amicable departure were ... , as here, there is a contract that governs the relationship between the
parties. Thus, "when the complaint alleges an express, enforceable contract that controls the parties' relationship ... a claim for unjust enrichment will be dismissed." FN 63.
...
30 Mar, 2008 6:26 am
... silent as to the issue. Turning to the Virginia Code, the court found it silent as well. But when the court compared the provisions of the Virginia LLC Act with those of the Partnership Act, it found distinct differences. Most significantly, the Partnership Act contains express provisions relating
to fiduciary duties owed to the partnership and other partners. The LLC Act does not. In addition, the LLC Act permits members to transact business ...
20 May, 2008 12:00 pm
... . LLCL Section 1102 has no affidavit requirement. Section 624, unlike Section 1102, also contains express authorization for a spurned shareholder to commence a special
proceeding by order to show cause to enforce inspection rights. My case ... must bear the expense of any such inspection. Under the circumstances, petitioners' inspection of records
maintained by the three LLC respondents should be limited to the five categories of documents specifically mentioned in section 1102(a) of the
Limited ...
14 Jun, 2008 4:00 pm
... -profit LLC illustrates the dominant characteristic of all unincorporated firms: flexibility. Ann Conaway also talked about "series"
LLCs -- the device, originated in Delaware, that allows separate entities in one umbrella organization. This has been considered a rather speculative ... kill the goose that has
been laying the golden eggs of flexibility for 20 years. I have expressed my own concerns about abuse of the LLC (see my paper on
Reverse Limited Liability). I've also worried, including in my ...
27 Oct, 2008 12:00 pm
... of frauds -- to protect defendants against unfounded or fraudulent claims that would require performance over an extended period of time. However, in keeping with the legislature's
expressed intent "to give maximum effect . . . to the enforceability of limited liability companies," provisions of an oral LLC
operating agreement that could possibly be performed within one year will not fall within the statute of frauds ...
16 Sep, 2006 4:37 pm
... company, that claim was governed by paragraph (B) of the agreement, under which the company had to indemnify the LLC for all "Claims" that
arose from injury to any of the company's or any of its subcontractors' personnel, representatives, agents ... provision because he was an employee of a subcontractor of the company.
Moreover, under the express exclusion from its duty to indemnify, the company had no duty to indemnify the LLC for breach of the
warranty of seaworthiness since "claims" was defined ...
28 Apr 2:38 pm
... it also recognized the occasional necessity of implying contract terms to ensure the parties' reasonable expectations are fulfilled. Under the express terms of the Emery Bay
limited liability company agreement, PKI had the obligation to manage Emery Bay ... fiduciary duties. It also noted that the Delaware Limited Liability Company Act is silent on what
fiduciary duties members of an LLC owe. The Emery Bay limited liability company agreement contained seemingly contradictory provisions as to
what ...
6 Apr 5:00 am
... to dilute Cooperstown Capital's membership interest so as to give the Pattons absolute control of the business. LLC member disputes usually
turn on the express provisions of the operating agreement, and Cooperstown is no exception. Section 5.2 of ... agreement does not expressly authorize dilution, forfeiture, or
other adverse consequences to the non-contributing member's interest, the LLC has no immediate recourse beyond seeking to enforce the payment
obligation. This was not the problem for the ...
23 Mar, 2008 3:11 pm
KENTUCKY REAL ESTATE COMMISSION V. HILLIARD FINANCIAL, LLC BUSINESS: REAL ESTATE COMMISSIONS AND ASSIGNMENTS2007-CA-000861 PUBLISHED: AFFIRMING
PANEL: LAMBERT PRESIDING; VANMETER, KNOPF CONCUR COUNTY: ... for the advance, Commission Express takes an assignment of the agent's pending commission as well as a percentage of
that commission. Commission Express characterizes its business as "factoring," while one court has characterized it as a straight-forward consumer-lending business. Michael
Stevens
26 May, 2008 4:30 am
... after his 2007 divorce re-filing. As to the first filing, Justice Platkin agreed with Madelone that any steps taken by the LLC to
effectuate the involuntary transfer provisions were rescinded following Whitten's withdrawal of that proceeding. As to the second filing in 2007, Justice Platkin rejected the
respondents' waiver argument, pointing to the express non-waiver provision in the operating agreement which required that any waiver be in a signed writing . The judge also ...
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