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13 Nov 2017, 3:24 am by Peter Mahler
Ironically, Carter did not cite the one case I know about in which a court suggested in dicta that Section 1104-a (d) is inapplicable in the absence of a Section 1118 buy-out — the 2010 decision in Pappas v Fotinos which I wrote about here. [read post]
12 Nov 2017, 6:40 pm by Richard Hunt
This approach can be traced back to the 9th Circuit’s decision in Oliver v Ralph’s Grocery, 654 F.3d 903 (9th Cir. 2011). [read post]
3 Nov 2017, 4:23 am by Edith Roberts
Supreme Court may be tough to divine, given that swing-justice Anthony Kennedy mostly kept to himself during back-to-back oral arguments” this week in Ayestas v. [read post]
30 Oct 2017, 12:11 pm by Jeff Welty
For whatever it may be worth, I don’t find this part of the majority’s argument very convincing. [read post]
27 Oct 2017, 11:57 am by Ed. Microjuris.com Puerto Rico
Ferré US Courthouse may be available for attorneys to file electronically using the Attorney Wireless Internet Access (WiFi). [read post]
16 Oct 2017, 11:19 am by Ron Coleman
” The Board routinely takes judicial notice of dictionary definitions when supplied with a copy of the definition, Univ. of Notre Dame du Lac v. [read post]
16 Oct 2017, 3:33 am by Peter Mahler
Tungsten’s consent in the Award Agreement to be bound by the operating agreement’s terms satisfied the requirement in Section 9.6 of the latter agreement that a “transferee may become a Member if (i) such transferee executes and agrees to be bound by this Agreement. [read post]
16 Oct 2017, 3:33 am by Peter Mahler
Tungsten’s consent in the Award Agreement to be bound by the operating agreement’s terms satisfied the requirement in Section 9.6 of the latter agreement that a “transferee may become a Member if (i) such transferee executes and agrees to be bound by this Agreement. [read post]