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12 Nov 2012, 2:00 am by Peter Mahler
“[T]he merits of the issue whether the LLC statute does–or does not–impose default fiduciary duties is one about which reasonable minds could differ. [read post]
4 Mar 2013, 3:30 am by Peter Mahler
Dec. 24, 2012), an appellate court held that the latter ground for dissociation does not require a showing that the member engaged in wrongful conduct. [read post]
26 Jun 2023, 3:29 am by cordiscosaistg
You can fully recover from a traumatic brain injury, but not everyone does. [read post]
11 Jul 2012, 12:19 pm
” Professed intentions notwithstanding, this development does not bode well for investors in The TNP 12 Percent Notes Program LLC. [read post]
14 Jul 2010, 10:22 am by Mary Todd
Further, the charging order does not limit a levy and sale under execution in the context of single-member LLCs because like the inapplicability of §608.443 of the LLC Act, the legislature did not intend for all provisions in the LLC Act to apply to single-member LLCs. [read post]
30 Aug 2021, 4:04 am by Peter Mahler
Maine: Authority to Appoint LLC Manager (Zelman v Zelman) Ask yourself, does the following provision in an LLC agreement — “The Manager has authority, without the vote or consent of the Members, to amend the Company Agreement to reflect the addition or substitution of Members or the Manager” — give the LLC’s manager the authority to appoint his or her replacement without member consent? [read post]
28 Dec 2015, 3:35 am by Peter Mahler
The Operating Agreement, which Petitioner concededly signed and whose contents Petitioner is presumed to know and assent to, provides that the Company is authorized to engage in a broad spectrum of activities and does not support Petitioner’s contention that it existed solely to own the Property. [read post]
25 Aug 2014, 3:31 am by Peter Mahler
The complaint asserted causes of action seeking a judicial declaration and specific performance dissolving the LLC pursuant to Sections 7 and/or 13 of the operating agreement and liquidating the LLC’s real property; judicial dissolution pursuant to LLC Law § 702; and for damages for breaches of the operating agreement. [read post]
14 Oct 2013, 3:32 am by Peter Mahler
Justice Schweitzer’s Ruling In his decision last August, Justice Schweitzer one-by-one rejected each of KFS’s arguments for dismissal: The appraisal proceeding and the injunction action are not duplicative and the former therefore does not preclude the latter (Decision pp. 3-6). [read post]
27 Apr 2020, 7:08 am by Woodrow Pollack
No.Blue Water Dynamics, LLC has sued Anthony Kalil for copyright infringement, but Blue Water is having difficulty serving Kalil. [read post]
10 Sep 2013, 5:46 am by David A. Beatty
The Court of Appeals has granted reargument in the recently decided insurance coverage case K2 Investment Group, LLC v. [read post]
10 Sep 2013, 5:46 am by David A. Beatty
The Court of Appeals has granted reargument in the recently decided insurance coverage case K2 Investment Group, LLC v. [read post]
24 Nov 2014, 3:22 am by Peter Mahler
 For example, LLC Law § 414, which authorizes members to remove a manager with or without cause by majority vote, does not specify the need for a meeting. [read post]