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21 Nov 2011, 3:00 am by Peter A. Mahler
" But what about that relatively recent invention, the limited liability company? [read post]
1 Apr 2013, 3:34 am by Peter Mahler
Contrary to the defendant’s contention, the provisions of the LLC agreement regarding dissolution of the LLC do not preclude an order authorizing a buyout upon the judicial dissolution of the LLC pursuant to Limited Liability Company Law § 702 (see Limited Liability Company Law § 702; see also Matter of Superior Vending, LLC [Tal-Plotkin], 71 AD3d at 1154). [read post]
17 Apr 2019, 8:02 am
However, an insurance company’s goal is to pay you as little as possible, and even if a settlement offer appears fair to you, it is likely that it will not fully cover your costs or meet your ongoing needs. [read post]
15 Jun 2011, 2:01 am by Peter Vodola
May 10, 2011), also said that the factoring company also failed to prove that its transaction fees met the standard, or that its discount rate was comparable to those which other courts have found to be fair and reasonable. [read post]
11 Sep 2009, 3:36 am
& Installation Services, LLC This matter came before the Court after a one-day bench trial on the issue of whether Plaintiff, was an independent contractor, and thus exempt from the overtime compensation requirements of the Fair Labor Standards Act (the “FLSA”). [read post]
11 Oct 2012, 6:50 am
Written By: Josh Bowman The Limited Liability Company (“LLC”) has become the entity of choice for many owners and operators of commercial real estate, because LLCs provide limited liability, greater flexibility than corporations and pass-through taxation.  [read post]
4 Mar 2013, 3:30 am by Peter Mahler
The provision states: A court that expels a [dissociated] member from a company . . . [read post]
24 Jan 2023, 9:00 am
., Board Certified by The Florida Bar in Health Law On October 12, 2022, a federal judge in Florida awarded nearly $31 million in attorney expenses and fees for customers who sued Alcon Vision LLC, Johnson & Johnson Vision Care Inc., and other companies involved in the multi-district litigation. [read post]
22 Aug 2013, 7:35 am by Sheppard Mullin
Note that the Delaware Limited Liability Company Act makes it clear that fiduciary duties may be expanded, restricted or even eliminated by provisions in the limited liability company agreement, provided that the implied contractual covenant of good faith and fair dealing cannot be eliminated. [read post]
3 May 2017, 5:18 am by Carl Neff
Key Takeaway: In actions between two managing members of a 50/50 limited liability company, a common assumption is that any traditionally derivative claims, such as breach of fiduciary duty, would be direct given the bilateral composition of the LLC. [read post]
25 Oct 2011, 6:42 am
After notification of possible listeria monocytogenes in Fair Oaks Royal Blue Cheese bought around September 25th of this year, Fair Oaks Dairy Products, LLC has issued a voluntary recall. [read post]
22 May 2012, 2:00 am by Keith Paul Bishop
  The defendant, a company named Buczek Enterprises, LLC, asserted counterclaims against the plaintiff for breach of contract and of the implied covenant of good faith and fair dealing. [read post]
14 Mar 2016, 3:39 am by Peter Mahler
In December 2013, the three partners formed JGJg Holding Company, LLC (“JGJg”) which, in March 2014, entered into another ADA to develop and operate Planet Fitness clubs in certain Southern California counties. [read post]
29 Apr 2019, 10:43 am
When you are recovering from injuries from a car accident, the last thing you want to do is relentlessly fight with your insurance company to get a fair settlement. [read post]
10 Aug 2021, 5:00 am
In other words, the appellate court accepted the plaintiff’s argument that the wife’s negligence should be imputed to the company’s negligence because the wife-employee was acting within the scope and course of her employment with the company at the time of the accident. [read post]
8 Sep 2008, 11:30 am
This week, I want to re-examine the court's justification for dissolving the LLC, this time with the benefit of some additional facts brought out in the July 2008 decision.By way of brief background, the LLC's sole asset is a commercial building profitably leased for many years by a company, Transaero, originally owned by the brothers' deceased father and currently controlled by Perry. [read post]