Search for: "Clapp v. Clapp" Results 1 - 20 of 59
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13 Apr 2024, 3:33 pm by admin
Prelude to Litigation Phenylpropanolamine (PPA) was a widely used direct α-adrenergic agonist used as a medication to control cold symptoms and to suppress appetite for weight loss.[1] In 1972, an over-the-counter (OTC) Advisory Review Panel considered the safety and efficacy of PPA-containing nasal decongestant medications, leading, in 1976, to a recommendation that the agency label these medications as “generally recognized as safe and effective. [read post]
10 Feb 2023, 4:44 am by admin
Putting aside the idiosyncratic chapter by the late Professor Berger, most of the third edition of the Reference Manual presented guidance on many important issues. [read post]
28 Jun 2022, 6:40 am by Erik W. Weibust
Indeed, where that occurs the covenant may not be enforceable, as the Fifth Circuit held earlier this year in Rouses Enterprises, LLC v. [read post]
19 Jun 2022, 5:05 pm by admin
In a seminal discrimination case, Casteneda v. [read post]
24 Mar 2022, 7:41 am by Justin K. Beyer
In its recent unpublished decision of Rouses Enterprises, L.L.C. v. [read post]
24 May 2021, 3:56 am by Peter Mahler
Under the case law, common-law dissolution requires the minority shareholder to show, as articulated by the Court of Appeals in Leibert v Clapp, that “the directors and majority shareholders . . . so palpably breached the fiduciary duty they owe to the minority shareholders that they are disqualified from exercising the exclusive discretion and the dissolution power given to them by statute. [read post]
5 Apr 2021, 3:48 am by Peter Mahler
One is New York’s common-law dissolution doctrine as ratified by the Court of Appeals’ 1963 ruling in Leibert v Clapp, authorizing courts to adjudicate a minority shareholder’s non-statutory cause of action for judicial dissolution where the majority shareholders “have so palpably breached the fiduciary duty they owe to the minority shareholders that they are disqualified from exercising the exclusive discretion and the dissolution power given to them by… [read post]
12 Feb 2021, 12:59 pm by admin
Carl Cranor pays me the dubious honor of quoting my assessment of weight of the evidence (WOE) pseudo-methodology as used by lawsuit industry expert witnesses, in one of his recent publications: “Take all the evidence, throw it into the hopper, close your eyes, open your heart, and guess the weight. [read post]
19 Oct 2020, 4:19 am by Franklin C. McRoberts
The Doctrine of Common-Law Dissolution The doctrine of common-law dissolution dates back to a series of lower court opinions culminating in the Court of Appeals’ decision in Liebert v Clapp, 13 NY 2d 313 [1963]). [read post]
28 May 2020, 5:29 am by Schachtman
Another vacuous response to a methodological challenge under Rule 702 is to label the challenge as “going to the weight, not the admissibility” of the challenged expert witness’s testimony. [read post]
26 May 2020, 6:22 am by Schachtman
  Although Clapp used a study design known to be inaccurate and biased, Bailar touted Clapp’s research over that sponsored by members of the industry. [read post]
13 Jan 2020, 4:06 am by Peter Mahler
Busher v Barry The question of first impression was addressed by S.D.N.Y. [read post]
11 Nov 2018, 7:18 am by Schachtman
The published case report by Ratner helps demonstrate that Allen v. [read post]
4 Nov 2018, 10:56 am by Schachtman
Clapp’s methodology and conclusions to be deemed sufficiently reliable to be admissible under Rule 702. [read post]