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1 Oct 2018, 3:40 am by Franklin C. McRoberts
In Matter of Yu v Bong Yu, 2018 NY Slip Op 32009(U) [Sup Ct, NY County Aug. 15, 2018], the court considered the important but novel question of what impact, if any, does a shareholder’s assignment of voting rights under a stock pledge agreement have on his or her standing to sue for statutory dissolution of the business as well as under the common law. [read post]
24 Sep 2018, 9:01 am by Seyfarth Shaw LLP
Wexler and Vlada Feldman Seyfarth Synopsis: The Second Circuit’s recent rulings in Munoz-Gonzalez v. [read post]
24 Sep 2018, 2:31 am by Peter Mahler
Not according to Manhattan Commercial Division Justice Saliann Scarpulla whose decision last month in Yu v Guard Hill Estates, LLC, 2018 NY Slip Op 32008(U) [Sup Ct NY County Aug. 15, 2018], dismissed a minority member’s claim for judicial dissolution of two family-owned, realty-holding LLCs under Section 702 of New York’s LLC Law. [read post]
17 Sep 2018, 5:33 am by Joel R. Brandes
They rented two U-Haul trucks, which they fully loaded with their belongings—including all the children’s belongings—and they sold or gave away anything that did not fit into the trucks. [read post]
17 Sep 2018, 3:25 am by Peter Mahler
Peter Sherwood’s ruling last month in Matter of Goyal (Vintage India NYC, LLC), 2018 NY Slip Op 31926(U) [Sup Ct NY County Aug. 7, 2018]. [read post]
11 Sep 2018, 2:20 pm by Eugene Volokh
The court also held that the law, which limited itself to ads for handguns, and only those that were on store premises, was unconstitutionally underinclusive: "[U]nderinclusivity is relevant to Central Hudson's direct advancement prong because it 'may diminish the credibility of the government's rationale for restricting speech in the first place.'" For example, in Pitt News v. [read post]
15 Aug 2018, 4:41 am by Andrew Lavoott Bluestone
  Generally, the triumvirate of claims found in a legal malpractice setting are legal malpractice, breach of contract and breach of fiduciary duty,  In FTI Consulting, Inc. v CT Miami, LLC  2018 NY Slip Op 31923(U)  August 6, 2018  Supreme Court, New York County  Docket Number: 654062/2016  Judge: Melissa A. [read post]
20 Jul 2018, 8:59 am by Camilla Alexandra Hrdy
The seeds of most of them can also be found in the Supreme Court's crucial holding in Kewanee Oil Co. v. [read post]
9 Jul 2018, 4:00 am by Public Employment Law Press
In the words of the court, the teacher’s “bald assertion of non-receipt is insufficient to overcome the presumption that properly sent mail is received. [read post]
6 Jul 2018, 3:22 am
"According to Professor McCarthy's commentary:[U]nlike all other courts in the nation, the Federal Circuit and the TTAB usually use the word “fame” instead of “strength. [read post]
27 Jun 2018, 1:06 pm by Public Employment Law Press
The United States Supreme Court held that the State’s extraction of agency fees from nonconsenting public-sector employees violated the First Amendment, overruling its earlier decision in Abood v Detroit Board of Education, 431 U. [read post]
26 Jun 2018, 11:18 am by Hilary Hurd, Yishai Schwartz
The Supreme Court's decision Tuesday in Trump v. [read post]