Search Results
522 results found for "loss-causation"
- Merger Clauses, Disclaimer Clauses and Derivative Standing
A] plaintiff who ceases to be a shareholder, whether by reason of a merger or for any other reason, loses Plaintiffs alleged that because of defendants’ mismanagement and intentional misrepresentations they lost
- Vacating a Judgment by Confession Due to Fraud
Capital Funding, LLC, which purported to sell $554,850 of Oakshire’s future receipts for $411,000, less
- How Short is Too Short?
contended that FOIL requests made to DASNY revealed that DASNY paid the total amount of the Project cost “less held, which Defendants contended DiGesare understood as its last invoice was for “payment in full, less provided for plaintiff to receive monthly progress payments while work on the project was ongoing, less a shortened limitations period encourages vigilance by the parties to a contract, thereby making it less
- Factoring, Commercial Financing Services and Claims That Range from Replevin to Fraud
alleged that the Kraiem defendants transferred certain property relevant to the factoring agreement for less transfer constituted an unreasonably small capital,” and that “ he Crush Apparel Transfers were made for less
- Second Department Holds That Envelopes Containing Pre-Foreclosure Notices to Borrowers Pursuant to RPAPL 1304 Cannot Contain Any Other Notices or Information
information about additional protections and foreclosure prevention opportunities to homeowners at risk of losing
- Vacatur Under the FAA – It Isn’t Easy
Street Assocs. , supra , that it regards the doctrine of manifest disregard of the law as “a judicial gloss
- Great News For Attorneys and Lenders: Second Department Awards Foreclosure Counsel $71,451.11 in Attorney’s Fees -- EVERYTHING Counsel Requested
described his experience, and stated that his discounted billing rate of $175 per hour "is actually less
- Failure To Plead Demand Futility Warrants Dismissal Of Derivative Complaint
is against a corporation, the shareholder does not have an individual claim, even if the shareholder loses Here, Glaubach’s claim for damages based on the lost value of his shares is derivative. “The lost value of an investment in a corporation is quintessentially a derivative claim by a shareholder Because Glaubach’s alleged damage for lost share value is not any different from the losses suffered one because of the damage to his reputation “as a pioneer in the health services industry” and for lost
- A Spike in Federal Class Action Securities Fraud Cases in 2017
Finally, the report highlights a number of key trends: Disclosure dollar loss or DDL (which measures historical semiannual average); Mega filings declined to 24 percent of DDL and 43 percent of Mega Dollar Loss
- Email Correspondence Concerning The Sale Of Real Estate Not Enough To Satisfy The Statute Of Frauds
payment, the required financing, the closing date, the quality of title to be conveyed, the risk of loss contract, such as a down payment, the closing date, the quality of title to be conveyed, the risk of loss include, among other things, a deposit or down payment, closing date, quality of title, escrow, risk of loss
- The Difficulty Distinguishing Between Direct and Derivative Claims Revisited
The shareholder does not have an individual claim, even if the shareholder loses the value of his/her is “confused with or embedded” within the harm to the corporation, then it must be dismissed. 8 “The lost
- Preliminary Injunction Improperly Granted Where Primary Relief Sought Is Money Damages
The purpose of the undertaking therefore is to secure for the non-movant the actual losses and costs – not theoretical losses, “if it is later finally determined that the preliminary injunction was erroneously Mere conclusory assertions of potential monetary loss are insufficient to justify anything more than

