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30 Apr 2010, 8:31 am
Plaintiffs opposed NILT's motion on two grounds: (1) that the Graves Amendment did not apply because NILT neither itself leased the Turco vehicle nor is in the business of leasing vehicles; and (2) that the Graves Amendment violates the Commerce Clause of the United States Constitution. [read post]
29 Apr 2010, 1:49 pm
He addressed three primary topics: 1) Fiduciary duties of managers and members of LLCs. 2) Implied duties of good faith and fair dealing in an LLC agreement. 3) How the Delaware courts will construe agreements related to the above two topics. [read post]
27 Apr 2010, 5:09 am
Countrywide Financial Corp., ___ F.3d ___, 2010 WL 1541628, *1, *2 (2d Cir. [read post]
26 Apr 2010, 9:09 pm
Countrywide Financial Corp., ___ F.3d ___, 2010 WL 1541628, *1, *2 (2d Cir. [read post]
26 Apr 2010, 9:28 am
”[9] Then the court provided the following five factors that courts must consider when determining whether an organization qualifies as a charitable institution: (1) it has no capital, capital stock, or shareholders, (2) it earns no profits or dividends but rather derives its funds mainly from private and public charity and holds them in trust for the purposes expressed in the charter, (3) it dispenses charity to all who need it and apply for it, (4) it does… [read post]
25 Apr 2010, 3:44 pm
[1] In this case, the National Football League (NFL) is arguing that its teams operate as a single-entity and therefore cannot be held in violation of anti-trust laws. [read post]
22 Apr 2010, 10:07 am
The PRI can be directed to commercial entities that do not hold any assets in charitable trust; and 2. [read post]
20 Apr 2010, 4:44 am
2. [read post]
19 Apr 2010, 2:15 am
Criterion 1 (2) The entity received its interest in the right by testamentary disposition, or in accordance with the rules of intestate succession, on the death of an individual. [read post]
18 Apr 2010, 5:46 pm
App. 1 Dist.) [read post]
17 Apr 2010, 7:18 am
Acceptable forms of collateral include (1) lines of credit (2) environmental insurance policies (3) letters of credit and remediation trust funds (4) self-guarantees and (5) applicable loans and/or grants. [read post]
16 Apr 2010, 10:03 pm
Section 2 of the bill poses additional problems. [read post]
15 Apr 2010, 10:14 am
I hereby order: Section 1. [read post]
14 Apr 2010, 10:53 pm
Among other things, the new requirements in Section 2718 of the PHS Act, Section 715 of the Employee Retirement Income Security Act of 1974 (ERISA) and Section 9815 of the Internal Revenue Code of 1986 (the Code) will require health insurance issuers offering group or individual coverage to report to HHS annually: The ratio of the incurred loss (or incurred claims) plus the loss adjustment expense (or change in contract reserves) to… [read post]
14 Apr 2010, 5:26 am
Top Ten Tips for Lenders 1. [read post]
14 Apr 2010, 5:26 am
Top Ten Tips for Lenders 1. [read post]
13 Apr 2010, 6:22 am
Approved by full Senate 2/2/10. [read post]
8 Apr 2010, 7:56 pm
Obtain a taxpayer ID number for the trust. 2. [read post]
7 Apr 2010, 6:44 am
It is an operating entity, and the entity must be respected. [read post]
4 Apr 2010, 12:23 pm
On top of that, out of the 55 declared only 2 involved small entities. [read post]