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20 Nov 2019, 4:00 pm by A. Robert Quirk, Muhammad U. Faridi
LLC Cancellation Bars Derivative Claims The Court swiftly rejected Plaintiffs’ arguments challenging the entities’ status. [read post]
16 Aug 2016, 9:00 am by James M. McClammer
Last week, the United States Court of Appeals for the Third Circuit struck down challenges by environmental organizations to the Federal Energy Regulatory Commission’s (FERC) approval of an expansion of the Transcontinental pipeline, a 10,000-mile pipeline that extends from South Texas to New York City and is operated by Transcontinental Gas Pipe Line Company, LLC (“Transco”). [read post]
22 Oct 2018, 3:17 am by Peter Mahler
If he doesn’t, I suspect the issue will recur in some germinating, future LLC member dispute, most likely in the analytically more challenging context of a member-managed LLC that has no written operating agreement. [read post]
13 May 2020, 5:00 pm by A. Robert Quirk, Muhammad U. Faridi
  Justice Scarpulla also reaffirmed her earlier ruling that a challenge to an LLC’s cancellation status (which could re-open the door to derivative claims) must be brought in Delaware, where the entities were established and cancelled. [read post]
26 Aug 2020, 10:35 am by Arthur F. Coon
In a detailed 6-page order, issued by Presiding Justice McConnell and filed on August 25, 2020, the Fourth District Court of Appeal denied three petitions for rehearing, and “polished up” its lengthy published opinion filed at the end of last month in Golden Door Properties, LLC et al v. [read post]
26 May 2016, 1:00 pm by Adam R. Nunnallee and Brett W. Schouest
Ocwen Loan Servicing, LLC, No. 15-0437, decided the same day, the Court held the Woods could not seek a declaratory judgment to obtain forfeiture of principal and interest paid on the loan, which is generally believed to be a remedy for failure to meet constitutional requirements. [read post]
19 Oct 2020, 4:19 am by Franklin C. McRoberts
It also fails to appreciate that since statutory dissolution is unavailable . . . the petitioner will have no avenue in which to challenge the improprieties alleged, an untenable situation. [read post]
8 Jan 2017, 10:00 pm
These numbers exclude interest and mortgage servicing.Providing rental housing in older, poorer neighborhoods is difficult, challenging and unappreciated work. [read post]
7 Dec 2020, 4:59 am by Peter J. Sluka
Condominium v Maguire, 2020 NY Slip Op 06844 [1st Dept Nov. 19, 2020] may open the door for a successful LLC-member derivative plaintiff to argue that the common law includes the right to recover fees from any award rendered in favor of the LLC. [read post]
20 Jul 2015, 6:17 am
(Stamford Hospital), Emergency Medicine Physicians of Fairfield County, LLC, and Emergency Medicine Physicians Limited. [read post]
7 Sep 2012, 8:58 am
LLC Member Who Refused to Retire Was Expelled by Managers The challenges in making the transition from the the founding members of a successful enterprise to the second generation of managers are often difficult, as this litigation involving that has endured for nearly a decade demonstrates. [read post]
10 Oct 2012, 9:42 am
Some people that have studied the new law worry that it may open the door to a number of constitutional challenges. [read post]
1 Jul 2018, 10:00 pm
Greene’s Energy Group, LLC, that the Inter Partes Review proceedings, commonly referred to as IPRs, do not violate Article III or the Seventh Amendment of the U.S. [read post]