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16 Feb 6:44 am by Larry Ribstein
... further held that the "plaintiff is not entitled to an accounting merely by virtue of her status as a member of the limited liability company" and that "there is nothing in the LLC Law to suggest otherwise." ... Div., April 29, 2008); Lio v. Zhong, 2006 WL 37044 (N.Y. Sup. 2006) (noting that accounting is an equitable proceeding); Zulawski v. Taylor ... contract, then what refuge would NY firms have? NY firms wanting to be LLCs would be well advised to look to other statutes, including Delaware's, until ...
Ideoblog - http://busmovie.typepad.com/ideoblog/
29 Jan, 2007 7:36 am by sbriddle
... Comm. of Unsecured Creditors of Radnor Holdings Corp. v. Tennenbaum Capital Partners, LLC (In re Radnor Holdings Corp.), 2006 WL 3346191 (Bankr. D. Del. ... action), nothing we said in Lafferty compels any extension of the doctrine beyond Pennsylvania. In re CitX Corp., Inc., 448 F.3d at 680 n.11 ... 782. In Sharpnack, the court alluded to the fact that it may revisit the issue in the future, since it was not necessary to adopt spoilation as a tort under the issues before the court to rule on the appeal ...
Georgia Litigation Blog - http://www.georgialitigationblog.com/georgia_litigation_blog/
14 Apr 3:53 pm by structuredsettlements
... records of the Connecticut Secretary of State seems to show that Bentzen Funding Solutions is not registered to do business in the state Download C.O.N.C.O.R-Bentzen Funding Solutions 4-14-2009 A search of ... that has referred her business (and taken kick backs)? Why is it that nothing about cash now pusher Structured Asset Funding appears on the Bentzen Funding Solutions, LLC website or blog at the time of this blog post? How does one feel as a "settlement planner" when the person with whom you ...
Structured Settlements 4Real - http://structuredsettlements.typepad.com/structured_settlements_4r/
31 Mar 1:33 pm by James Saad
... -reasoned. He has held for both purchasers and developers. Murray v. Holiday Isle, LLC is really long, and it is not all about the Act. A lot of it is though. Some history. This is a follow-up to Taylor v. Holiday Isle, ... summary judgment [*32] stage are impermissible."). Moreover, notwithstanding defendant's efforts to brand it so, the Court perceives nothing about plaintiffs' theory of damages that is "illogical."" "16 Nor is the Court persuaded by Holiday Isle's attempt to argue that plaintiffs ...
James' Interstate Land Sales Full Disclosure Act Blog - http://ilsfdablog.blogspot.com/
3 Jul, 2007 11:05 pm
... Program SEC v. The Hockey Barn LLC and Jeffrey J. Coleman, Civ. Action No. 07-CV-438-C (W.D.N.Y.) The Securities and Exchange ... . They cannot fully discount the possibility that what Coleman was saying might be true. After all, nothing is a 100% certainty, is it? In November 2006, Coleman solicited a 70-year old man ("Investor 2 ... were without any reasonable basis in fact and otherwise false. Coleman has not taken any significant steps to build or develop any hockey facilities. Further, contrary to ...
Psychology of Compliance & Due Diligence Law - http://www.bizop.ca/blog2/
24 Mar 8:16 am by Silverberg Zalantis LLP
... was no violation of the Constitution or the Local Finance Law. It found that as "the City was the sole member of RFC, it did not lend its credit to others in violation of that constitutional provision." It further held that the loan was for a period well within the ... corporations must be created by special act of the legislature but there is "nothing in the Limited Liability Company Law prohibiting municipalities from creating an LLC...". Thus, it appears the Court has created a loophole in the ...
New York Zoning and Municipal Law Blog - http://blog.szlawfirm.net/
14 Feb, 2008 3:47 am
Tarpon Point, LLC v. Wheelus, Adv. No. 07-3022, 2008 WL 372470 (Bankr. M.D. Ga. Feb 11, 2008) (Walker). Plaintiffs ... commercial relationship, but it does not establish a fiduciary relationship for purposes of § 523(a)(4). In fact, the only duties imposed on managers of an LLC by Georgia law are set forth ... parties in those relationships have greater reason to rely on representations of the other party. Nothing in this statute creates a technical or express trust or imposes trust-like duties...." Id ...
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
31 Jul 12:35 pm by Joe Mullin
... filters. This week, his opponents are talking-and they say there's not much to this patent lawyer's "inventions." Illinois Computer Research, or ICR, is a patent- ... The Sony brief quotes Harris, from the '252 patent prosecution file: "Rhodes teaches nothing about the claimed feature of "'storing a plurality of images representing pages of the book... Rhodes teaches ... Harris's brainstorms occurred. Memory Control Enterprise, LLC v. Symantec Corporation, 09-cv-01063, N.D.Cal. 3/16/2009. (Transferred ...
The Prior Art - http://thepriorart.typepad.com/the_prior_art/
26 Oct, 2007 9:22 am
... in the orange and black wrappers and Charlie Brown's rock. They might not be much, but at least they'll fill up your bag. And isn't that ... P.C. v. Allstate Ins. Co., --- F.Supp.2d ----, 2007 WL 2687416 (S.D.N.Y., Sep 14, 2007) Deirmenjian v. Deutsche Bank, A.G., Not Reported in F.Supp.2d, 2006 WL 4749756 (C.D.Cal., Sep 25, 2006) Boydston v. Asset Acceptance LLC, 496 F.Supp.2d ... v. Blue Sky Natural Beverage Co., --- F.Supp.2d ----, 2007 WL 1691249 (N.D.Cal., Jun 11, 2007). p.s.-please don't egg us ...
Tags: Summaries, Case
Class Action Fairness Act Blog - http://www.cafalawblog.com/
7 Oct 6:58 am by Kenneth J. Vanko
... not threaten the disclosure of confidential information since Diversapack was not a competitor. And nothing indicated that the employees offered "unique services" to Cenveo, an interest recognized by New York courts. In ... , the case demonstrates that no-hire provisions must be drafted and examined carefully. Not all states treat them as classic restraints of trade (probably because they aren' ... /1/09 Cite: Cenveo Corp. v. Diversapack, LLC, 2009 U.S. Dist. LEXIS 91535 (S.D.N.Y. Oct. 1, 2009) Favors: ...
Legal Developments In Non-Competition Agreements - http://www.non-competes.com/
1 Jun, 2007 2:30 pm
... Markets from Bankrupt Debtors and Bankruptcy Judges. They wrote that BAPCPA did not just "eliminate longstanding uncertainty surrounding the protections available to financial contract counterparties ... Contracts and BAPCPA. He wrote that "even though the definitions themselves are often nothing more than a listing of labels with little attempt at a functional definition, the legislative history ... Packing Co. (In re Nat'l Gas Distributors, LLC), 2007 WL 1531616 (Bankr. E.D.N.C. 5/24/07) (pdf) partially ...
Tags: BAPCPA
Bankruptcy Litigation Blog - http://www.bankruptcylitigationblog.com/
3 Jan, 2008 2:26 pm
... and argued that even after the restoration, the County's total production could not possibly represent the emails exchanged by dozens of people in the targeted departments. They noted, ... evidence. Citing Zubulake v. UBS Warburg LLC, 229 F.R.D. 422 (S.D.N.Y. 2004), the court observed that plaintiffs needed ... had breached its duty to preserve in a number of respects. Among other things, it did nothing to alter its document retention policy to insure the availability of relevant discovery. Further, even ...
Tags: Summaries, Case
Electronic Discovery Law - http://www.ediscoverylaw.com/
4 Aug, 2006 8:54 am by David Rosendorf
... lighten a creditor/defendant's load, but not enough to provide a defense to the creditor in this particular case. In re National Gas Distributors, LLC, __ B.R. __, 2006 WL 2135557 (Bankr. E.D.N.C. 7/31/06). In bankruptcy a trustee has the authority to recover "preferential" payments made ... to the factual circumstances of the transfer." Even though "From [the bank's] point of view, it did nothing out of the ordinary," the court would look at "the debtor's industry standards and the standards ...
ABI's BAPCPA Blog - http://bapcpa.blogspot.com
... Fifth Amendment takings claims in this type of situation are nothing new, but a search-and-seizure claim? Whoa, isn't that the province of criminal law practitioners, not property rights mavens? Read on. ... was not ripe under Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985). That case established two requirements for a ... as a regulatory taking. See slip op. at 8-9 (citing Urban Developers LLC v. City of Jackson, 468 F.3d 281 (5th Cir. 2006)). The Fifth ...
inversecondemnation.com - http://www.inversecondemnation.com/inversecondemnation/
14 Aug 12:42 pm
... could be satisfied. Looking to the other operative offense, the court observed: [T]he underlying Suit does not allege that Defendants made use of another's advertising idea. Id. at *7. Notably, nothing about the character with patent in issue is explained that would make an advertising idea implicated as the pertinent patent covers the method for fighting fire in confined areas using nitrogen expanded foam.
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
6 May, 2008 1:46 am by Milord A. Keshishian
... . Design 387,850. Nike alleges that the Defendant "has sought to make a name for itself not through its own innovation, strategic investment, and design, but by explicitly appropriating the patented design and trade dress of not one, but four separate models of Air Jordan® shoes." The complaint asserts that the Defendant "has copied the design and trade dress ... the inside and outside of the shoe upper…" The case is titled Nike, Inc. v. Not For Noth'N LLC, aka Gourment, CV 08-1894 RGK (C.D. Cal. ...
Los Angeles Intellectual Property Trademark Attorney Blog - http://www.iptrademarkattorney.com/
18 Jul, 2008 6:00 pm by Tamari & Blumenthal, LLC
... whether exculpatory clauses operate to bar claims for pure breach of contract. Wartsila Nsd N. Am., Inc. v. Hill Int'l, Inc., 2008 U.S. App ... no evidence of fraud or duress; (5) there is no legislation to the contrary; (6) there is nothing in the relationship of the parties militating against enforcement; and (7) the damage at issue is to the other party ... staff or attorneys by telephone, fax or e-mail does not make you a client of Tamari & Blumenthal, LLC. To become a client, you must sign and ...
Chicago Business Litigation Attorney Blog - http://www.chicagobusinesslitigationattorneyblog.com/
1 Feb 5:23 am by Page Perry LLC
... (absurdly) that bailout money was not used for bonuses and decorations. Have thunder and lightning vanished in the clouds? Where is the outrage? Letting Wall Street judge its own misconduct is a transparent farce - nothing more than the fox guarding the ... do so now, and make securities arbitration the truly fair and impartial process it is supposed to be. Page Perry, LLC is an Atlanta-based law firm with over 125 years collective experience representing investors in securities-related litigation ...
Investment Fraud Lawyer Blog - http://www.investmentfraudlawyerblog.com/
18 Jul, 2008 11:09 am by David N. Feldman
... 144 Changes: The Glass is Half Empty for Reverse Merger Sponsors Timothy J. Keating President, Keating Investments, LLC July 17, 2008 - Last month, I delivered a speech to the Reverse Merger Conference in Los Angeles titled: "Self- ... requesting interpretive guidance that the new Rule 144(i) not be applied retroactively. Who knows whether this retroactive relief will be forthcoming? Even if this relief is granted, without further rule changes, it does nothing to help repeal the rule going forward. ...
The Reverse Merger & SPAC Blog - http://www.reversemergerblog.com/
6 Jun, 2007 10:34 am by Marcia Oddi
... amount of delinquent fees. * * * But we conclude that there is nothing reasonable or logical about compounding penalties where the statute does not so provide. The legislature intended to penalize non ... and quiet title decree in favor of appellee-counterclaim-defendant Random Antics LLC, (Random Antics), and appellees-third-party-defendants the Auditor of Delaware County ... e.g., Martinez v. State, 451 N.E.2d 39, 41 (Ind. 1983) (holding that it was not error for a trial court to have failed to provide ...
The Indiana Law Blog - http://indianalawblog.com/
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