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8 Apr 2016, 7:35 pm
It also ruled that a majority of lot owners did not have the authority to amend that agreement to adopt governing procedures.The definition of homeowners association involves three requirements: (1) there must be a corporation, unincorporated association, or other legal entity, (2) each member of the entity must be an owner of residential real property within the entity's jurisdiction as described in its governing documents, and (3) members… [read post]
21 Apr 2022, 12:46 pm
A private entity is not subject to constitutional constraints except in a few limited circumstances, for example: (1) “when the private entity performs a traditional, exclusive public function;” (2) “when the government compels the private entity to take a particular action;” (3) “when the government acts jointly with the private entity. [read post]
12 May 2021, 5:02 pm
Therefore, governmental entities that are neither cities nor counties (e.g., special districts and joint powers authorities) may consider requesting the transfer of CLFR funds from governmental entities with transfer authority (i.e., the state, cities, and counties) (See Secs. 602(c)(3); 603(c)(3).) [5] See Sec. 603(c)(1). [6] Sec. 603(c)(1)(A); Rule, pp. 10-45. [7] Sec. 603(c)(1)(B); Rule, pp. 45-51. [8] Sec. 603(c)(1)(C);… [read post]
19 Sep 2008, 12:05 pm
"When faced with a FOIL request, an agency must either disclose the record sought, deny the request and claim a specific exemption to disclosure, or certify that it does not possess the requested document and that it could not be located after a diligent search (see Public Officers Law § 87 [2]; § 89 [3]; Matter of Corvetti v Town of Lake Pleasant, 239 AD2d 841, 843 [3d Dept 1997])" (Beechwood Restorative Care Ctr., 5 NY3d at 440-441).For similar… [read post]
28 Sep 2010, 10:50 am
Invoices Bearing and Entity Name Other than the Entity Named in the SIIA’s Initial Letter Valid Proof of Purchase 1. [read post]
23 Aug 2021, 12:01 pm
Comment A to Section 773 also provides that the provisions in Section 773 requiring that the protection of an interest be undertaken by appropriate means is “of narrow scope and protects the actor only when (1) he has a legal and protected interest, and (2) in good faith asserts or threatens to protect it, and (3) the threat is to protect by appropriate means. [read post]
1 May 2024, 6:03 am
Bowery’s reference to the parties’ reservation of rights in the various settlement agreements is not persuasive because, as Supreme Court noted, a reservation of rights does not create new rights (Dee Cee Assoc. [read post]
25 Jul 2012, 3:30 am
Free speech does not protect individuals using epithets Charles Williams v Town of Greenburgh, et al, 535 F.3d 71 A governmental entity may be sued for allegedly suppressing an individual’s Constitutional protected Freedom of Speech. [read post]
26 Apr 2007, 1:07 pm
What type of entity should I form? [read post]
2 Aug 2021, 12:19 am
The court asked counsel to confer and submit a letter choosing among three options: (1) have the court determine whether it has jurisdiction, (2) re-commence a dissolution proceeding in Delaware while continuing to litigate the petition’s non-dissolution claims, or (3) discontinue the proceeding and re-file in Delaware for judicial determination of dissolution and all other related relief. [read post]
2 Apr 2020, 3:53 pm
Where does that leave a foreign-owned entity with a significant U.S. presence, and more importantly where does that leave their workers? [read post]
21 Oct 2023, 4:01 am
International organizations file blanket L-1 petitions on behalf of all individual entities named in the petition. [read post]
14 Dec 2007, 3:31 am
Some of the major issues are:1. [read post]
23 Mar 2012, 7:03 am
: (1) In 2010, the ITC generously interpreted the "domestic industry" requirement and ruled that NPEs will ordinarily have standing to pursue a complaint. (2) Although the ITC does not award money damages, the ITC does typically issue injunctive relief since the agency is not bound by eBay v. [read post]
30 Jul 2016, 8:01 pm
Basis for Advancement: The three instruments on which the claims for advancement are based are: (1) The certificate of incorporation; (2) bylaws, and (3) indemnification agreement. [read post]
2 Jun 2011, 9:47 am
The defendant knew of the contract; 3. [read post]
12 Dec 2018, 6:28 am
Under Florida law, specifically, directors and officers have duties to act 1) in good faith, (2) with reasonable care and (3) with loyalty to their entity. [read post]
12 Dec 2018, 6:28 am
Under Florida law, specifically, directors and officers have duties to act 1) in good faith, (2) with reasonable care and (3) with loyalty to their entity. [read post]
21 Jul 2014, 8:39 am
The Court of Appeals (Carney, Lohier and Lynch) disagrees.Here's the law on this: "[a] parent and subsidiary cannot be found to represent a single, integrated enterprise in the absence of evidence of (1) interrelation of operations, (2) centralized control of labor relations, (3) common management, and (4) common ownership or financial control. [read post]
17 Jul 2007, 7:38 am
We previously sketched an outline of the typical recording industry lawsuit: "(1) the mass lawsuit against a large number of 'John Does'; (2) the "ex parte" order of discovery; and (3) the subpoenas demanding the names and addresses of the 'John Does'. [read post]
