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16 Jul 2012, 3:00 am by Peter A. Mahler
Defendants unsuccessfully appealed the decision, which was affirmed by the Appellate Division, First Department, in April 2012 (read here). [read post]
9 Jul 2012, 3:00 am by Peter A. Mahler
Her legal analysis cites the Court of Appeals' 1984 ruling in Matter of Kemp & Beatley, Inc., 64 NY2d 63, for the general proposition, that where oppression is established courts should evaluate if any remedy short of dissolution is appropriate. [read post]
9 Jul 2012, 3:00 am by Peter A. Mahler
Her legal analysis cites the Court of Appeals' 1984 ruling in Matter of Kemp & Beatley, Inc., 64 NY2d 63, for the general proposition, that where oppression is established courts should evaluate if any remedy short of dissolution is appropriate. [read post]
29 Jun 2012, 8:25 am by emagraken
In 2010 the BC Court of Appeal released reasons for judgement seeking to clarify the law of causation in negligence lawsuits. [read post]
28 Jun 2012, 5:03 am by Silverberg Zalantis LLP
"In making its initial determination, the agency will study many of the same concerns that must be assessed in an EIS, including both long- and short-term environmental effects" (Farrell, 100 NY2d at 190). [read post]
12 Jun 2012, 2:50 pm by INFORRM
The University appealed against this latter finding, and appealed also on the question whether the Charter applied to its disciplinary proceedings. [read post]
11 Jun 2012, 3:00 am by Peter A. Mahler
The appellate court's discussion of the central issue in the appeal consists entirely of the following passage: In [read post]
2 Jun 2012, 11:41 am
Its Courts of Appeal deal exclusively with criminal cases, and that structure leaves only its Supreme Court to deal with civil appeals. [read post]
21 May 2012, 3:00 am by Peter A. Mahler
Three years ago I posted about one of the earlier cases in which Ferrara obtained a preliminary injunction, later affirmed on appeal, restraining the Pattons from enforcing a capital call directed against Ferrara alone in violation of the operating agreement's provision for pro rata contributions (read here). [read post]
21 May 2012, 3:00 am by Peter A. Mahler
 Three years ago I posted about one of the earlier cases in which Ferrara obtained a preliminary injunction, later affirmed on appeal, restraining the Pattons from enforcing a capital call directed against Ferrara alone in violation of the operating agreement's provision for pro rata contributions (read here). [read post]
14 May 2012, 3:00 am by Peter A. Mahler
The cringe-worthy phrase, "legal equivalent of a proctology exam," gained notoriety about ten years ago when its use by an attorney in a pre-litigation demand letter was cited by a federal judge as partial justification for a $50,000 sanction award which was later reversed on appeal. [read post]
14 May 2012, 3:00 am by Peter A. Mahler
The cringe-worthy phrase, "legal equivalent of a proctology exam," gained notoriety about ten years ago when its use by an attorney in a pre-litigation demand letter was cited by a federal judge as partial justification for a $50,000 sanction award which was later reversed on appeal. [read post]
30 Apr 2012, 3:00 am by Peter A. Mahler
Wolff, 10 NY3d 100 (2008), in which the New York Court of Appeals recognized a common law right of an LLC member to sue derivatively. [read post]
30 Apr 2012, 3:00 am by Peter A. Mahler
Wolff, 10 NY3d 100 (2008), in which the New York Court of Appeals recognized a common law right of an LLC member to sue derivatively. [read post]