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3 Sep 2021, 9:30 pm by ernst
 In the Atlantic, Mary Ziegler (Florida State University), "The Justices Are Telling Us What They Think About Roe v. [read post]
19 Apr 2021, 4:03 am by Peter Mahler
New York continues to buck the nationwide trend toward harmonization of close corporation and LLC law governing judicial dissolution, as made clear in cases such as Doyle v Icon and Barone v Sowers explicitly holding that New York’s LLC Law § 702 neither mentions nor otherwise accommodates oppression as a basis for seeking judicial dissolution. [read post]
20 Feb 2019, 2:37 pm by admin
Introduction In going all the way to the United States Supreme Court, Kelo v. [read post]
20 Feb 2019, 2:37 pm by admin
Introduction In going all the way to the United States Supreme Court, Kelo v. [read post]
5 Dec 2016, 3:20 am by Peter Mahler
The hard lesson learned by the petitioner in Matter of Norvell v Guchi’s Idea LLC, 2016 NY Slip Op 32307(U) [Sup Ct Kings County Nov. 18, 2016], has been taught before, starting most prominently with the First Department’s 2013 decision in Doyle v Icon, LLC and reinforced by that court two years later in Barone v Sowers, holding that minority member claims of oppressive majority conduct including systematic exclusion from the LLC’s… [read post]
16 Jul 2016, 10:39 am by Bill Marler
The Centers for Disease Control and Prevention (CDC) estimated in 1999 that 73,000 cases of E. coli O157:H7 occur each year in the United States. [read post]
28 Mar 2016, 3:28 am by Peter Mahler
The petitioner’s allegations, if true, would not establish that “the management of the entity is unable or unwilling to reasonably permit or promote the stated purpose of the entity to be realized or achieved, or [that] continuing the entity is financially unfeasible” (Matter of 1545 Ocean Ave., LLC, 72 AD3d 121, 131; see Barone v Sowers, 128 AD3d 484; Doyle v Icon, LLC, 103 AD3d 440). [read post]
28 Mar 2016, 3:28 am by Peter Mahler
The petitioner’s allegations, if true, would not establish that “the management of the entity is unable or unwilling to reasonably permit or promote the stated purpose of the entity to be realized or achieved, or [that] continuing the entity is financially unfeasible” (Matter of 1545 Ocean Ave., LLC, 72 AD3d 121, 131; see Barone v Sowers, 128 AD3d 484; Doyle v Icon, LLC, 103 AD3d 440). [read post]
28 Mar 2016, 3:28 am by Peter Mahler
The petitioner’s allegations, if true, would not establish that “the management of the entity is unable or unwilling to reasonably permit or promote the stated purpose of the entity to be realized or achieved, or [that] continuing the entity is financially unfeasible” (Matter of 1545 Ocean Ave., LLC, 72 AD3d 121, 131; see Barone v Sowers, 128 AD3d 484; Doyle v Icon, LLC, 103 AD3d 440). [read post]
21 Jun 2015, 4:08 pm by INFORRM
  The District Court awarded Mr Sower €5,000 damages. [read post]
1 Jun 2015, 3:27 am by Peter Mahler
Under LLC Law § 702’s standard for dissolution as pronounced by the Second Department in the 1545 Ocean Avenue case, and under First Department case law (Doyle v Icon and more recently, Barone v Sowers) holding that a non-controlling member’s exclusion from management by itself does not constitute a valid claim for LLC dissolution, it’s difficult to see how the sparse allegations in the Koch petition could survive a motion to dismiss. [read post]
18 May 2015, 3:48 am by Peter Mahler
As I’ve pointed out before, the more broadly stated the LLC’s purpose clause, the more difficult it is for a non-controlling member to state a claim for dissolution under the first prong. [read post]