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10 Mar 2014, 3:24 am by Peter Mahler
On the other hand, the court also acknowledges that under LLC Law § 409(b)(2)’s safe-harbor provision, as manager Gary is entitled to rely on the advice of outside professionals, so long as he does so “in good faith. [read post]
11 Sep 2009, 11:55 am
Standards Applicable to Various Motions The Court discussed the different standards applied to a motion to dismiss under both Rule 12(b)(1) for lack of subject matter jurisdiction when the claims involved are governed by an arbitration clause--as compared to a motion under Rule 12(c) [which is similar but not identical to a Rule 12(b)(6) motion], and is known as a motion for judgment on the pleadings. [read post]
14 Feb 2011, 1:38 am by John L. Welch
And so the Board reversed the refusal.In re Miracle Tuesday, LLC, Serial No. 77649391 (February 3, 2011) [not precedential]. [read post]
31 Mar 2009, 6:52 pm
§§57C-6-04(b) and 57C-6-05(3), which said that the law firm would continue in existence and that its managers would be obligated to obtain "as promptly as reasonably possible. . . the fair market value for the [LLC's] assets" and to distribute the recovery to the members of the LLC. [read post]
9 Jul 2014, 12:27 pm
§501; and b) otherwise injured the business reputation and business of plaintiff;• for actual or statutory damages pursuant to 17 U.S.C. [read post]
6 Apr 2009, 9:25 am
The Appeals Court explains that The sole grounds for an appeal under § 4104(b) is a claim that the flood elevations are scientifically or technically incorrect. [read post]
2 May 2011, 8:05 am by Matt C. Bailey
The majority believes that preemption of the Discover Bank rule occurs “[b]ecause it ‘stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress…. [read post]
11 Feb 2010, 2:09 am by gmlevine
This Note summarizes the linguistic analysis in response to the Octogen line of cases and the most recent rejection of the construction for “retrospective bad faith,” Validas, LLC v. [read post]
5 Jan 2024, 3:33 am
Fatbear Scooters, LLC, Isaac Ashkenazie and Isaac D. [read post]
16 Apr 2010, 8:00 am by Chelsey Russell
The Court found that the Board’s decisions were protected by the business judgment rule §102(b)(7) which was present in Gulfport’s charter. [read post]