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17 Dec 2018, 3:26 am by Peter Mahler
Take, for example, the recent decision in Atlantis Management Group II, LLC v Nabe, 2018 NY Slip Op 32460(U) [Sup Ct Oct. 1, 2018]. [read post]
12 Apr 2021, 4:59 pm by Kevin LaCroix
The company’s February 20, 2020 press release accompanied the 8-K. [read post]
11 May 2019, 11:47 am by MOTP
Genuine Issue of Material FactThe four elements of a breach of contract claim are: (1) the existence of a valid contract; (2) performance, or tendered performance, by the plaintiff; (3) breach of the contract by the defendant; and (4) damages to the plaintiff resulting from that breach. [read post]
31 Oct 2016, 2:59 am by Peter Mahler
” “[T]here does not appear to be any obvious business purpose associated with altering the number of non-voting shares,” i.e., the company received no additional capitalization and the shareholders received no apparent benefit such as increased distributions. [read post]
4 Oct 2012, 12:12 pm by San Antonio Lawyer
Over time, our Lawyer Defend ME Blog will cover all of the various Dog Bite Laws relevant to criminal defendants, but today we will start by talking about Dangerous Dog Laws. [read post]
25 Aug 2020, 3:16 pm by Kevin LaCroix
The complaint alleges that the defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and seeks damages on behalf of the class. [read post]
24 Jul 2011, 12:38 am by The Legal Blog
Access to justice cannot be denied to an individual merely because he does not have the means to pay the prescribed fee. [read post]
3 Mar 2015, 2:53 pm by Giles Peaker
On 1. the Court had severe concerns about the vires of the Regulations. [read post]
12 Apr 2009, 11:40 pm
Clearly, the 4 to 1 funding disparity signals a major problem, though it still needs to take into account the fact that some juvenile defendants are privately defended, and the prosecution handles cases and investigations that might never make it into the system, thus not requiring an equivalent response from an indigent defender. [read post]
7 Sep 2020, 8:49 am by Eric Goldman
Ganske was having a back-and-forth on Twitter with a third-party account, @Conspirator0, when Mensch chimed in: In considering the motion to dismiss, the judge takes judicial notice of two other tweets Mensch made within a 20 minute span because “Defendant’s two other July 27, 2018 tweets are integral to the allegations in the complaint and necessary to place her comments in context. [read post]
11 Dec 2007, 7:00 pm
Note there are no increases for the federal public defenders or Criminal Justice Act lawyers who defend those charged. [read post]
8 Mar 2023, 7:37 pm by Barry Barnett
http://cafc.uscourts.gov/opinions-orders/20-1565.OPINION.2-8-2023_2077658.pdf Order that confirmed arbitration award, denied all other relief, and said “this is a final judgment” was a final judgment. https://www.txcourts.gov/media/1455793/210643pc.pdf Patent on form of Vitamin B3 claimed what cow’s milk does. http://cafc.uscourts.gov/opinions-orders/22-1116.OPINION.2-13-2023_2079642.pdf Some basis for claiming patent infringement barred… [read post]
10 May 2019, 12:59 pm by MOTP
Defendant Stanwyn Jay Carter cannot force ZB, National Association d/b/a Amegy Bank to arbitrate the dispute in the commenced JAMS arbitration styled Carter, Stanwyn Jay vs. [read post]
28 May 2021, 1:36 pm by Eugene Volokh
Defendants moved to dismiss, arguing that they had qualified immunity from the First Amendment retaliation claim, but the court rejected that argument: "The doctrine of qualified immunity provides that 'government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'"… [read post]