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17 Oct 2018, 11:31 am by Rebecca Tushnet
  Plus, the allegations of fraud weren’t specific enough to satisfy Rule 9(b). [read post]
5 Nov 2021, 5:48 am by Richard Hunt
The Court can consider a Rule 12(b) motion as a motion for summary judgment,³ but counting on that isn’t a good idea. [read post]
5 Apr 2017, 2:01 pm by Heidi A. Nadel
" As the Court explained, the drafters made clear that inspection rights extend to votes or actions on relevant matters, not to reports, discussion or decisions not to act.Second, the Court ruled that the trial court erred in using the Delaware standard to determine if the shareholder had a proper purpose because Delaware's statute allows for inspection of "books and records" generally and, therefore, of a greater scope of records than the Massachusetts statute.The… [read post]
5 Apr 2017, 2:01 pm by Heidi A. Nadel
" As the Court explained, the drafters made clear that inspection rights extend to votes or actions on relevant matters, not to reports, discussion or decisions not to act.Second, the Court ruled that the trial court erred in using the Delaware standard to determine if the shareholder had a proper purpose because Delaware's statute allows for inspection of "books and records" generally and, therefore, of a greater scope of records than the Massachusetts statute.The Court… [read post]
5 Apr 2017, 2:01 pm by Heidi A. Nadel
" As the Court explained, the drafters made clear that inspection rights extend to votes or actions on relevant matters, not to reports, discussion or decisions not to act.Second, the Court ruled that the trial court erred in using the Delaware standard to determine if the shareholder had a proper purpose because Delaware's statute allows for inspection of "books and records" generally and, therefore, of a greater scope of records than the Massachusetts statute.The Court… [read post]
19 Mar 2010, 2:11 pm by Eugene Volokh
Here’s the proposed constitutional amendment, to be submitted to the voters if the Senate agrees: B. [read post]
2 Apr 2014, 4:00 am by The Public Employment Law Press
In response, the employer initiated an action in Supreme Court seeking a stay of arbitration pursuant to CPLR §7503(b). [read post]
30 Apr 2016, 9:27 am by Rebecca Tushnet
  Distinction b/t hate speech and harassment may be important. [read post]
19 Mar 2012, 8:21 am by Molly Foley-Healy
Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure; ? [read post]
22 Dec 2010, 12:05 pm by South Florida Lawyers
I write only to remark that we tread on dangerous ground when we opine on matters not before us, and express my belief it is as likely as not in this case that Crombie has been, at least to some extent, the author of her own undoing.Hey, I was with Judge S through the "we tread on dangerous grounds when we opine on matters not before us" but correct me if I'm wrong, isn't the rest of the sentence -- "my belief it is as likely as not in this case… [read post]
27 Feb 2012, 5:37 am by Andrew Perlman
[3] Questions of effectiveness and taste in advertising are matters of speculation and subjective judgment. [read post]
  If A and B previously found it necessary to communicate with each other about children or household finances, B will commit a criminal offense if they communicate about those matters (or anything else) now. [read post]
3 May 2016, 2:41 pm by Rebecca Tushnet
  We have so many now b/c the system doesn’t work. [read post]