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4 May 2020, 12:16 am by Peter Mahler
According to a recent decision by the Manhattan-based Appellate Division, First Department, in Shatz v Chertok, __ AD3d __, 2020 NY Slip Op 01383 [1st Dept Feb. 27, 2020], a “sole and absolute discretion” clause in the operating agreement does not by itself defeat a claim by a non-managing member for breach of fiduciary duty when the managing member allegedly exercises its discretion “in bad faith so as to deprive the other party of the benefit of the… [read post]
24 Apr 2020, 4:00 am by Deanne Sowter
(R 3.1-1(c)(v), R 3.1-1(c)(vi) and R 3.2-4) So she is required to encourage and represent her client in interest-based processes, but no rules specifically apply to them. [read post]
25 Mar 2020, 6:27 am by Adam Feldman
Unlike with direct cites to the briefs, Gorsuch and Alito are far ahead of the rest of the pack in their unique cites. [read post]
4 Mar 2020, 1:57 pm
  Section (b)(1) does indeed say that it's an infraction to be driving with  "a receptacle containing cannabis or cannabis products . . . which has been opened or has a seal broken. [read post]
27 Feb 2020, 11:00 am by Eugene Volokh
How close the link has to be is an important and not fully settled question; but the broader doctrine does exist, e.g.: The Court has held, in United States v. [read post]
19 Feb 2020, 9:01 pm by Neil H. Buchanan
I invoke those extreme historical aberrations simply to say that even the most horrific injustices can be perpetrated within a system that, by design, does not look like a banana republic.Although it is not inevitable that a banana republic will find itself mutating into legalistic lawlessness, it does happen frequently. [read post]