the plaintiff must show that the domination was used to commit a fraud, injustice, or other wrongful act The Governing Law It is well settled that a corporation only acts through its officers, directors and Plaintiffs’ proffered evidence,” said the Court, “demonstrated that Eck was a licensed contractor who acted on behalf of the corporate defendants” and “‘by definition, a corporation acts through its officers or acted in ‘bad faith’ while representing the corporation”). [7] See 501 Fifth Ave.

the party requiring access can seek court ordered access pursuant to section 881 of the Real Property Actions The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result This is the “American Rule” on recovery of legal fees.  [Eds. Note: this Blog recently discussed the recovery of attorney’s fees and the “American Rule” < here =">

The motion court concluded that the arbitrator acted within his authority and followed the AAA rules, The Applicable Law Under Section 10(a) of the Federal Arbitration Act (“FAA”), a court will vacate an On November 9, 2020, Mohawk filed a class arbitration claim with the American Arbitration Association Mohawk maintained that the agreement with LNW allowed its claims to be brought in arbitration as a class action

that involve the conveyance of legal advice offered by the nonlawyer, except when the nonlawyer is acting The co-defendant was at the time acting as an interpreter between the defendant and his attorney. that the positions of separately-represented clients will be aligned such that the attorney for one acts Product Doctrine The attorney work product doctrine protects those materials prepared by an attorney, acting those communications were privileged because: (1) there was no evidence in the record that Richard was acting

Federal Law Under the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) American Express Co. v. arbitration agreements but also to effectuate the intent of the signatory parties to protect individuals acting The reason, explained the dissent, was because it was unclear whether Schwartz was acting as Revis’ attorney contract negotiations,” did “not clearly and unmistakenly apply to disputes with individuals who may be acting

Defendant moved to compel arbitration and to stay the action pending arbitration. Accordingly, the Court held that the motion “court properly stayed th action in its entirety pending parties clearly and unambiguously delegate questions of arbitrability to an arbitral form, such as the American

In 2017, plaintiff purchased Bank of America’s interest in the loan agreement. of action accrued.” “‘ cause of action accrues at the time and in the place of the injury.’” Thus, said the Court, “since the cause of action accrued in 2013 when Bank of America held the loan agreement , North Carolina’s three-year statute of limitations for breach of contract actions applie to this action Plaintiff commenced the action in 2019, more than three years after Bank of America accelerated the loan

“Firms acting as dealers in opaque markets like those for CMBS and RMBS must take steps to prevent misleading The SEC alleged that AR Capital, Schorsch, and Block, acting in breach of the relevant proxy disclosures charged AR Capital and Block with violating the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(b) promulgated thereunder with negligently violating the antifraud provisions of Sections 17(a)(2) and (3) of the Securities Act

Haber The Currency and Foreign Transactions Reporting Act, also known as the “BSA,” enacted in 1970, In 1986, Congress enacted the Money Laundering Control Act to ensure compliance with the BSA. Among other things, the act requires banks to establish and maintain procedures reasonably designed to by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, commonly known as the “USA PATRIOT Act”, required financial institutions to establish AML programs, including, at a

motion court’s ruling, emphasizing that the condition precedent was never met and defendants did not act the “Agreement”) that, among other things, set forth the terms and conditions under which plaintiff, acting In that regard, Plaintiff asserted three causes of action: breach of contract; breach of the implied “A condition precedent is an act or event, other than a lapse of time, which, unless the condition is Such abandonment may be established by affirmative conduct or by failure to act so as to evince an intent

Haber “A” brings an action against “B”. Only “when the spouse is acting as [the other spouse’s] agent while committing the tort, or when the Plaintiff maintained that there was unity in interest because Leah acted as Shloime’s agent while the relationship, said the Court, was “sufficient to impose vicarious liability on defendant for codefendant’s acts 1998) (vicarious liability related back where husband and wife owned property together and husband acted

Among other things, the AOA required the parties to arbitrate all disputes before the American Arbitration Plaintiff filed several counterclaims against defendant, the most relevant to the action were: (1) breach addition, the Arbitrator awarded plaintiff legal and arbitration fees and costs but deferred deciding the actual