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Republicans disapprove of Biden’s partial restoration of the pre-Trump status quo on policy grounds, but more importantly they think highlighting Biden’s actions will help them in 2024. [read post]

Just Security - https://www.justsecurity.org/

First District Reverses Judgment In Controversial “People’s Park” CEQA Case, Holds UC Regents’ Program/Project EIR For Long Range Development Plan And Site-Specific Student Housing Project At The Park Failed To Adequately Analyze Alternative Housing Sites, Noise And Displacement Impacts

3 Mar 2023, 10:24 am by Arthur F. Coon

(Citing Save Berkeley’s Neighborhoods v. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Who Died and Made You a Member? Second Department Resurrects LLC Dissolution Petition Brought by Deceased Member’s Estate.

27 Feb 2023, 4:34 am by Peter J. Sluka

We previously covered the cases of Budis v Skoutelas, Short Form Order, Index No. 702060/13 [Sup Ct, Queens County July 16, 2014] and Pappas v 38-40 LLC, 2018 NY Slip Op 30329(U) [Sup Ct NY County Feb. 22, 2018], in which the court held that the estate of a deceased LLC member had no standing to assert derivative claims on the LLC’s behalf. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

Replevin Actions Against Spouses and Other Exes In Illinois

25 Feb 2023, 12:06 pm by Russell Knight

“[U]ntil a final determination is made by the trial court regarding the division of the disputed personal property pursuant to the petition for dissolution of marriage, [a party to a divorce] can claim no clear, ascertainable legal right to the exclusive possession of that property. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/

[Josh Blackman] Justice Kagan Double-Helixes Justices Gorsuch and Kavanaugh

24 Feb 2023, 7:56 pm by Josh Blackman

" 29 U. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Justice Sotomayor: Summary Reversal on the "Shadow Docket" Caused A "Significant Change" In Federal Law

23 Feb 2023, 9:16 pm by Josh Blackman

Arizona, 578 U. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Jonathan H. Adler] Another Dissent from Denial of Certiorari from Justice Jackson

22 Feb 2023, 6:58 am by Jonathan H. Adler

The District Court concluded that Davis's allegations in his 28 U. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Eugene Volokh] Public University Committee Members' Names Aren't Protected by the Right of Expressive Association

17 Feb 2023, 2:16 pm by Eugene Volokh

U. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Worst of Both Worlds: Untimely Buyout Election Yields Full Merits Hearing and Huge Bond

13 Feb 2023, 4:55 am by Franklin C. McRoberts

“Failing to pay tax liabilities is corporate mismanagement,” ruled the Court in Fernandes v Matrix Model Staffing, Inc. (2022 NY Slip Op 31317(U) [Sup Ct, NY County 2022]), “which defeats a petitioner’s reasonable expectations sufficient to constitute oppression” under Section 1104-a of the Business Corporation Law (the “BCL”). [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

Resurrecting the Dead: Sanofi Aventis v. HHS

7 Feb 2023, 12:00 pm by Bernard Bell

This post explores the Third Circuit’s decision, Sanofi Adventis v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Dueling Dissolution Petitions Beget Dissolution Without Consideration of Alternate Remedies

6 Feb 2023, 4:31 am by Peter J. Sluka

In BCL 1104-a cases, the Court does have the power to compel a buyout, even between 50/50 shareholders (see Zulkofske v Zulkofske, 2012 NY Slip Op 51210(U) [Suffolk Co. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

Decision of the Month selected for January 2023: Compeling disclosure of records pursuant the New York State's Freedom of Information Law

3 Feb 2023, 9:30 pm by Public Employment Law Press

FootnotesFootnote 1: To the extent that petitioner now challenges the denial of his original request for all trooper disciplinary records statewide, that claim is unpreserved as it was not raised in the petition (see Matter of Urena v Mulligan, 201 AD3d 1215, 1218 [3d Dept 2022]; Marshall v City of Albany, 184 AD3d 1043, 1044 [3d Dept 2020]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Decision of the Month selected for January 2023: Compeling disclosure of records pursuant the New York State's Freedom of Information Law

3 Feb 2023, 9:30 pm by Public Employment Law Press

FootnotesFootnote 1: To the extent that petitioner now challenges the denial of his original request for all trooper disciplinary records statewide, that claim is unpreserved as it was not raised in the petition (see Matter of Urena v Mulligan, 201 AD3d 1215, 1218 [3d Dept 2022]; Marshall v City of Albany, 184 AD3d 1043, 1044 [3d Dept 2020]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

This week’s podcast episode: How the U.S. Supreme Court will decide the threat to the CFPB’s funding and structure: Part II, with Adam J. White, a renowned expert on Separation of Powers and the Appropriations Clause and a close follower of the Supreme Court

26 Jan 2023, 6:45 am by Barbara S. Mishkin

The eyes of the consumer finance world are now on the Supreme Court as it decides whether to grant the CFPB’s certiorari petition in Consumer Financial Services Association Ltd. v. [read post]

CFPB Monitor - http://www.cfpbmonitor.com