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23 May 2022, 4:57 am by Franklin C. McRoberts
Libra also argued that Adam’s amended complaint, viewed as a whole, alleged no more than a mere disagreement over the correct direction of ALP’s business, decisions shielded by the common-law business judgment rule. [read post]
8 Mar 2021, 5:13 am by Franklin C. McRoberts
Quoting Parent v Amity Autoworld, Ltd., 15 Misc 3d 633, 640 [Dist Ct, Suffolk County 2007], Justice Reed held that the “cost of an informal dissolution is that directors cannot shield themselves against corporate creditor liability. [read post]
24 Jan 2012, 7:00 am by Harvard International Law Journal
(iii) Flexibility v. checks and balances Heller’s justification for the turn to a ‘sentencing heuristic’ is founded on the overall assumption that (even) wider flexibility for States to investigate and prosecute might create better compliance. [read post]
7 Oct 2018, 8:59 am by Omar Ha-Redeye
Parliamentary privileges flow from the nature and function of the Westminster model, and are shielded from review by the courts even on Charter grounds. [read post]
14 Nov 2011, 4:00 am by Terry Hart
The Court stated that “a willfully blind defendant is one who takes deliberate actions to avoid confirming a high probability of wrongdoing. [read post]
16 Dec 2010, 1:54 pm by Bexis
, 2010 WL 4870149, at *7 (quoting State Farm Florida Insurance Co. v. [read post]
Standard of ReviewTrial courts have always been afforded broad discretion in the granting of new trials, and may exercise such discretion “in the interests of justice and fairness” without stating any other reason. [read post]