Search for: "U. S. v. Kemp" Results 1 - 20 of 49
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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]
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]
13 Jun 2022, 10:03 pm by Josh Blackman
Third, Justice Thomas wrote the majority opinion in Kemp v. [read post]
5 Oct 2020, 5:40 am by Peter J. Sluka
That’s precisely the issue that the Court considered in the recent case of Hammad v Jamal Kamal Corp, 2020 N.Y. [read post]
9 Jun 2020, 10:51 pm by Jamie Markham
Kemp, 481 U.S. 279 (1987), and to create a new claim for relief not otherwise available. [read post]
4 Feb 2019, 3:18 am by Peter Mahler
” Advanced 23, LLC v Chambers House Partners, LLC, 2019 NY Slip Op 30173(U) [Sup Ct NY County Jan. 22, 2019]. [read post]
22 Jan 2019, 3:45 am by Franklin C. McRoberts
” A recent decision by a Manhattan-based appeals court, Campbell v McCall’s Bronxwood Funeral Home, Inc., 2019 NY Slip Op 00182 [1st Dept Jan. 10, 2019], presents a number of interesting questions about how courts should apply Kemp & Beatley’s pronouncement that courts must consider an “adequate, alternative remedy” to dissolution in the face of a written shareholder’s agreement that provides a… [read post]
5 Nov 2018, 3:21 am by Peter Mahler
In Sobol v Les Pieds Nickels, Inc., the Appellate Division, First Department, affirmed the lower court’s denial of the respondent shareholder’s request for permission to file an untimely election made eight years after the dissolution proceeding’s commencement. [read post]
8 Aug 2018, 10:59 am by Schachtman
Judge Johnson had conducted a pretrial hearing, sometimes called a Kemp hearing in New Jersey, after the New Jersey Supreme Court’s opinion in Kemp v. [read post]