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24 Jan 2014, 12:57 am by Kevin LaCroix
In many jurisdictions, corporate officials sued for their actions undertaken in their corporate capacity may be able to defend themselves in reliance on the “business judgment rule. [read post]
3 Jun 2015, 4:37 pm by Jeff Vandrew Jr
This is precisely because it’s so straightforward and applicable to everyday life. [read post]
16 Sep 2010, 7:06 pm by Dorothy
STANDARD CHARTERED BANK INTERNATIONAL (AMERICAS) LIMITED and STANCHART SECURITIES INTERNATIONAL, INC., Defendants. [read post]
3 Sep 2007, 1:22 pm
Nemo dat is the default rule for property transfers, but there is a competing commercial law paradigm: negotiability [as in Articles 2, 3, 7, and 8 of the UCC], and the law of real estate mortgages and titles. [read post]
30 Apr 2010, 6:47 am by admin
  The Court could prune the future meaning of ‘blight’ by considering a Kelo-like case where the issue is precisely what constitutes blight, and then laying down some serious smack. [read post]
5 Nov 2017, 6:02 am by Wolfgang Demino
., petitioners,v.Saliha MADDEN.No. 15-610.Supreme Court of United States.March 21, 2016.The Solicitor General is invited to file a brief in this case expressing the views of the United States.SECOND CIRCUIT OPINION IN MADDEN V MIDLAND FUNDING LLC786 F.3d 246 (2015)Saliha MADDEN, on behalf of herself and all others similarly situated, Plaintiff-Appellant,v.MIDLAND FUNDING, LLC, Midland Credit Management, Inc., Defendants-Appellees.No. 14-2131-cv.United States Court of Appeals, Second… [read post]
5 Nov 2017, 6:02 am by Wolfgang Demino
., petitioners,v.Saliha MADDEN.No. 15-610.Supreme Court of United States.March 21, 2016.The Solicitor General is invited to file a brief in this case expressing the views of the United States.SECOND CIRCUIT OPINION IN MADDEN V MIDLAND FUNDING LLC786 F.3d 246 (2015)Saliha MADDEN, on behalf of herself and all others similarly situated, Plaintiff-Appellant,v.MIDLAND FUNDING, LLC, Midland Credit Management, Inc., Defendants-Appellees.No. 14-2131-cv.United States Court of Appeals, Second… [read post]
6 Jul 2012, 4:57 am by Randy Barnett
Next, he applies this functional approach to the “penalty” in the ACA to show that this “penalty” COULD BE construed to function as a tax and NOT as a penalty because it does not compel conduct: The same analysis here suggests that the shared responsibility payment [ME: not the statute's own "individual responsibility requirement"] may for constitutional purposes be considered a tax, not a penalty [ME  Bingo]:  First, for most… [read post]
18 Jun 2008, 3:46 pm
The standard documents of ISDA (International Swaps and Derivatives Association, Inc.) is only one of hundreds of instances of clients coming together to simplify and standardize. [read post]
9 May 2014, 8:54 am by John Elwood
Galloway, has been on ice for precisely 364 days. [read post]
14 Feb 2009, 11:56 am
This post is by my colleagues Gail Lees, Andrew Tulumello, Chip Nierlich, Mark Whitburn and Chris Chorba. [read post]
24 Jan 2014, 12:57 am by Kevin LaCroix
In many jurisdictions, corporate officials sued for their actions undertaken in their corporate capacity may be able to defend themselves in reliance on the “business judgment rule. [read post]
5 Oct 2017, 5:20 pm by Wolfgang Demino
See precise figures for Trust 2007-1 in the table from the Prospectus below: Extent of undersecuritization of the securities issued by National Collegiate Trusts for several of themWhen Mr. [read post]
26 Jul 2018, 11:55 am by Christopher Walker
Mortgage Bankers Association, Justices Antonin Scalia, Clarence Thomas and Samuel Alito all questioned the wisdom and constitutionality of judicial deference to agency interpretations of their own regulations (Auer deference). [read post]
30 Mar 2009, 3:06 pm
In December 2008, after several failed attempts to serve a couple with court documents by email and text messaging their mobile phones, an Australian lawyer won the right to serve a default judgment by posting the terms of the judgment on the defendants’ Facebook “Wall”. [read post]