Search for: "Above it All Treatment LLC"
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21 Apr 2009, 12:41 pm
Breach of Fiduciary Duty The LLC Agreement’s Treatment of Fiduciary Duties The court began with the truism that the Delaware LLC Act gives members of an LLC wide latitude to limit or eliminate fiduciary duties. [read post]
2 Mar 2009, 4:00 am
The IRS's subsequent implementation of check-the-box regulations freely permitting partnership tax treatment of LLCs, and the 1999 LLC Law amendments restricting member withdrawal from LLCs, largely eliminated the legislative rationale for Section 702 as enacted, leaving the statute, in my view, not up to the complex task of adjudicating LLC breakups (hence the title of my June 2002 article published in… [read post]
14 Feb 2009, 11:56 am
To be certified as a class action, a suit must satisfy all four requirements of Rule 23(a) and at least one section of Rule 23(b). [read post]
27 Jan 2009, 5:15 am
Management will apparently be able to engage in false disclosure and unfair treatment of investors yet not violate this contractual obligation. [read post]
8 Jan 2009, 8:08 am
The sickness lasts up to seven days usually and in most cases, people recover without treatment. [read post]
8 Dec 2008, 12:00 pm
The Overhoff decision cited in the above passage is an interesting one. [read post]
31 Jul 2008, 6:07 pm
Time constraints won't allow me today to cover the decision in detail, but here are a few key parts that deserve closer treatment when time allows: 1. [read post]
13 Jun 2008, 1:37 pm
The company, which wants to build a 5-acre waste transfer site off County Line Road, applauded the ruling. * * * The proposed facility, which would temporarily store trash awaiting transport to landfills or treatment facilities, would be located on the edge of LaPorte County, about a half mile south of Mount Baldy, the mammoth sand dune that towers 126 feet above Lake Michigan. [read post]
2 Jun 2008, 4:30 am
Section 1005 of the New York Limited Liability Company Law likewise permits members to dissent and cash out from mergers or consolidations involving LLC's. [read post]
9 May 2008, 11:53 am
The "implied covenant of good faith and fair dealing" claim was carefully examined and dispatched with one of the more lucid and cogent treatments I can recall of this amorphous cause of action.Finally, the breach of fiduciary duty claim was confronted by first reciting the provisions of the Delaware LLC Act at Section 18-1101(c) that allow for complete elimination of all fiduciary duties as part of an LLC Agreement. [read post]
4 Feb 2008, 8:23 am
II, LLC, 500 F. [read post]
18 Jan 2008, 2:26 pm
The Board found that the Respondent's disparate treatment of the shift leader and its limited investigation into his alleged misconduct indicates that his discharge was pretextual and discriminatorily motivated. [read post]
29 Nov 2007, 1:27 pm
Consistent with the general public opinion survey cited above, many folks in the field are in favor of putting PHR/EHR data on line, and see it as a boon for maintaining and communicating data needed for treatment. [read post]
6 Nov 2007, 7:43 pm
The Kansas Law Review's 2007 Symposium, Biolaw: Law at the Frontiers of Biology, features world-renowned experts in biolaw, who will address the above questions by exploring such issues as the scope of the field of biolaw, patentability of human life, FDA regulation, laws concerning genetic and non-genetic human enhancement, practical biolaw issues, and biotechnology and bioethics. [read post]
22 Nov 2006, 8:46 am
" This court found that nothing in the sentence quoted above prevents a court from also providing injunctive relief against someone who has been shown to be in violation of the statute. [read post]
10 Jul 2006, 2:18 pm
The disputed work involves the fabricating, erecting, placement, stripping, shoring, re-shoring, cleaning and oiling, dismantling and stockpiling of all wall forms (Symons, Simplex, plywood, aluminum, Styrofoam, Peri Systems, etc.), gang forms, deck forms and flying forms; loading and unloading of all forms; the setting of all bulkheads, beam sides, beam bottoms and beam pockets; the framing of doorways, window openings, chamfer and all layout work in conjunction… [read post]
