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6 Jan 2021, 5:01 am by Eugene Volokh
Phelps, 562 U.S. 443, 458-59, 131 S.Ct. 1207, 179 L.Ed.2d 172 (2011) (holding that even outrageous speech that causes emotional distress is still constitutionally protected). [read post]
4 Jan 2021, 4:30 am by Franklin C. McRoberts
As we have written about previously, oral partnerships are perhaps the easiest to prove as compared to corporations and LLCs, at least for purposes of surviving a motion to dismiss. [read post]
In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it is against federal law for a labor union to threaten employees, did not violate the NLRA because it did not constitute the promulgation and maintenance of a new policy, as the union alleged. [read post]
14 Dec 2020, 3:33 am by Franklin C. McRoberts
The parties agreed: “Wellesley Island Storage, LLC [shall] be and hereby is DISSOLVED, and the entity shall now enter the winding-up phase”; “[A]ll assets . [read post]
7 Dec 2020, 10:37 am by robin.hall@capstonelawyers.com
The Icee Co., 52 Cal.App.5th 477, 480 (2020) (“[w]e also join Correia . . . in holding that Epic Systems . . . does not undermine the reasoning of Iskanian”); Provost v. [read post]
7 Dec 2020, 4:59 am by Peter J. Sluka
(See also Matter of 1545 Ocean Avenue, LLC, 72 AD3d 121 [2d Dept 2010][holding that the BCL’s dissolution sections do not apply to LLCs]). [read post]