Search for: "U. S. v. Cohens" Results 201 - 220 of 273
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27 Mar 2017, 3:17 am by Peter Mahler
Justice Dufficy’s legal analysis beginning at page 6 of his decision includes an excellent review of the statutory standard and interpretative case law governing dissolution of LLCs, citing familiar cases such as 1545 Ocean Avenue, Doyle v Icon, and (pardon the self-promotion) a couple of cases I litigated and won (Natanel v Cohen and Sieni v Jamsfab, LLC). [read post]
28 Jul 2019, 6:24 pm by Peter Mahler
Rosania v Gluck As far as I know, the first case to raise that lurking question post-Raharney is Rosania v Gluck, 2019 NY Slip Op 32087(U) [Sup Ct NY County July 8, 2019], decided earlier this month by Manhattan Commercial Division Justice Saliann Scarpulla. [read post]
27 Apr 2015, 3:01 am by Peter Mahler
The same reluctance to intervene without dissolution and a full accounting applies to disputes between members of a limited liability company. while the Limited Liability Law does not expressly authorize a buyout in a dissolution proceeding, it is an appropriate equitable remedy in such a proceedin9 (Mizrahi v Cohen, 104 AD3d 917, 920 [2d Dept 2013]). [read post]
29 Aug 2022, 4:40 am by Franklin C. McRoberts
The Larsen Decision The first was Larsen v Larsen (2022 NY Slip Op 32415(U) [Sup Ct, Kings County July 18, 2022]), in which Brooklyn Commercial Division Justice Leon Ruchelsman considered and rejected a pre-answer dismissal challenge to a shareholder derivative suit based upon the suing minority shareholder’s alleged conflict of interest. [read post]
13 Sep 2018, 5:03 am by Greg Lukianoff
Even Judge Avern Cohen, who was highly sympathetic to the speech code before him in Doe v. [read post]
15 Mar 2021, 4:59 am by Franklin C. McRoberts
Rule #3: [T]he existence of an oral agreement is generally a question of fact which cannot be summarily determined on a motion to dismiss (see Martin v Cohen, 17 Misc 3d 1116 [A] [Sup Court, Suffolk County 2007]). [read post]
23 Jul 2020, 12:42 pm by fjhinojosa
Beyer was recently mentioned in Hunter, Jr. v. [read post]
28 Oct 2015, 11:52 am by Eugene Volokh
Any other rule “would effectively empower a majority to silence dissidents simply as a matter of personal predilections,” Cohen v. [read post]
27 Jun 2007, 9:41 am
Frye, The Peculiar Story of United States v. [read post]
5 Jul 2007, 7:12 am
Frye, The Peculiar Story of United States v. [read post]
11 Aug 2014, 3:32 am by Peter Mahler
“To have standing in a derivative suit regarding an LLC, a plaintiff must own portions of the LLC” as a member (Cohen PDC LLC v Cheslock-Bakker Opportunity Fund, LP, 2010 WL 4530242, 2010 NY Slip Op 33108(U) [Sup Ct, NY County 2010]. [read post]
23 Sep 2020, 5:01 am by Sean Quirk
The joint note verbale also cites the 2016 arbitral tribunal ruling in Philippines v. [read post]
27 Nov 2021, 6:26 am by Joel R. Brandes
In Giraldo v Fernandez, --- N.Y.S.3d ----, 2021 WL 5226159, 2021 N.Y. [read post]