Search for: "U. S. v. Kemp"
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16 Nov 2015, 3:26 am
I’ve pretty much just described the circumstances present in Matter of Digeser v Flach, 2015 NY Slip Op 51609(U) [Sup Ct Albany County Nov. 5, 2015], a post-trial decision handed down earlier this month by Albany County Commercial Division Justice Richard M. [read post]
23 Apr 2009, 9:00 pm
California, 395 U. [read post]
19 Feb 2018, 3:22 am
The Second Department reversed, holding that “[u]nder the facts of this case,” the lower court “should have granted, in effect, the plaintiff’s application for an order authorizing him to purchase the defendant’s interest in the LLC upon its dissolution. [read post]
5 Nov 2018, 3:21 am
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]
4 Feb 2019, 3:18 am
” Advanced 23, LLC v Chambers House Partners, LLC, 2019 NY Slip Op 30173(U) [Sup Ct NY County Jan. 22, 2019]. [read post]
11 Jul 2014, 5:00 am
However, these plaintiffs wisely did not dispute that PMA preemption applies to recalled products.As is usual in lead litigation (see, e.g., Kemp v. [read post]
20 Feb 2017, 3:33 am
An earlier post on this blog, examining a post-trial decision in Matter of Digeser v Flach, 2015 NY Slip Op 51609(U) [Sup Ct Albany County Nov. 5, 2015], described the minority shareholder’s dissolution claim under Section 1104-a of the Business Corporation Law as a “classic case of minority shareholder oppression. [read post]
8 Nov 2011, 2:44 pm
Kemp. [read post]
25 Jun 2012, 3:00 am
Justice Scheinkman's thorough, 26-page decision in White v. [read post]
24 Mar 2014, 3:44 am
Is the controller’s denial of the petitioner’s shareholder status, by itself, enough to establish oppressive conduct under Kemp‘s reasonable-expectations standard? [read post]
6 Feb 2017, 3:26 am
” Parties’ Conflicting Submissions Warrant Evidentiary Hearing of Minority Shareholder’s Dissolution Petition Kocak v Dargin, 2017 NY Slip Op 30051(U) [Sup Ct NY County Jan. 4, 2017]. [read post]
28 Mar 2015, 9:24 am
Perhaps more than his predecessor ever displayed, Judge Johnson recently demonstrated his aptitude for facts and data in serving as a gatekeeper of scientific evidence, as required by the New Jersey Supreme Court, in Kemp v. [read post]
11 Jan 2023, 3:55 am
S. 28, 476 U. [read post]
10 Jun 2012, 2:45 pm
Joseph Sanders (University of Houston): Milward v. [read post]
28 Nov 2010, 12:08 am
State v. [read post]
26 Oct 2009, 4:00 am
This principle is vividly on display in a recently decided case called Ambar v. [read post]
22 Nov 2010, 3:00 am
In the seminal Gardstein v. [read post]
24 Nov 2011, 9:51 am
Kemp, supra, at 328-329; Crumbley v. [read post]
9 Apr 2018, 3:49 am
” See Kemp and Beatley, 64 N.Y.2d at 69, 72. [read post]
13 Feb 2023, 4:55 am
“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]