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11 Sep 2023, 4:37 am by Peter Mahler
Earlier this year, using as a springboard the Maryland intermediate appellate court’s decision in Eastland Food Corp. v Mekhaya, I posted about a topic on which there’s little or no New York law, viz., whether a complaint for minority shareholder oppression stated a valid claim centered on allegations that the directors/majority shareholders, instead of declaring profit distributions for all shareholders, were taking disguised distributions in the form of excessive compensation and… [read post]
8 Sep 2023, 9:29 am by Daniel M. Kowalski
Matter of C-G-T- "The respondent testified that he was abused by his father as a child because of his sexual orientation. [read post]
7 Sep 2023, 6:00 am by Evangelina Cantu
Rule 84(b), absent good cause, sets a time limit of six months after entry of the ruling to file a motion for clarification. [read post]
6 Sep 2023, 2:27 pm by Kevin LaCroix
The “G” factor has to do with the fact that the B&J subsidiary had an independent board, believing itself to be empowered to weigh in on sensitive issues, potentially at cross-purposes to the business approach of the subsidiary’s corporate parent. [read post]
6 Sep 2023, 7:00 am by Administrator
While they may have infringed certain of the Applicants’ rights under the Canadian Charter of Rights and Freedoms, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 and the Alberta Bill of Rights, RSA 2000, c A-14, these limitations were amply and demonstrably justified as reasonable limits in a free and democratic society pursuant to section 1 of the Charter and that they were enacted pursuant to a valid legislative purpose. [read post]
6 Sep 2023, 6:00 am by Written on behalf of Peter McSherry
When determining whether 260 purchased just the assets of 637, or bought it as a “going concern”, the Court considered the following factors: “a) the nature of the transaction; b) the portion of the sale price allocated to goodwill; c) whether the duties of the individual or the terms of the employment with the new company are similar to and of the same character to the duties the individual had performed for the vendor of the business; d) whether the individual received a… [read post]
6 Sep 2023, 6:00 am by Written on behalf of Peter McSherry
When determining whether 260 purchased just the assets of 637, or bought it as a “going concern”, the Court considered the following factors: “a) the nature of the transaction; b) the portion of the sale price allocated to goodwill; c) whether the duties of the individual or the terms of the employment with the new company are similar to and of the same character to the duties the individual had performed for the vendor of the business; d) whether the individual received a… [read post]
5 Sep 2023, 6:57 am by Rebecca Tushnet
” Subsection (g) states that a deceptive trade practice occurs when a person “represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another. [read post]
2 Sep 2023, 12:16 am by Mayela Celis
Marina Vargas Gómez-Urrutia and Hans van Loon for having written the Foreword of this book and for their support throughout this process. [read post]
1 Sep 2023, 9:50 am by Eliana Baer
”  That article provides in its entirety:  Both parties agree to respond to any summons from a [b]eis [d]in regarding the [g]et which shall be decided in accordance with Jewish [l]aw. [read post]
31 Aug 2023, 8:56 am by Daniel M. Kowalski
Matter of J-G-P- does not purport to reassess longstanding BIA and Ninth Circuit precedent concerning simple assault offenses, and because it misapplied that precedent, its conclusion is unreasonable. [read post]
30 Aug 2023, 3:52 pm by Matthias Weller
Today, we are on the eve of the HCCH 2019 Judgments Convention’s entry into force. [read post]