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obtain for itself intangible assets such as good will, trademarks, patents, customer lists and the right Pursuant to the agreement, Ovation has the “exclusive right to solicit and offer customers insurance will of the business as a going concern, which included but not limited to any and all transferable rights In light of the reasoning used to deny the motion to dismiss, the Court granted the cross-motion to amend

“Indeed,” noted the motion court, “by stating that it might be difficult for holders of MMTLP to find buyers for their shares should they desire to sell them, it implicitly recognized that the shares might

Under that section, a court may vacate an award if the rights of the movant were prejudiced by: (1) corruption

it does not conclusively appear that a plaintiff had knowledge of facts from which the alleged fraud might However, after Macquarie placed a credit bid for $73.5 million (reflecting the loan principal plus interest On May 21, 2018, the KKR Defendants filed an amended answer in which they asserted eight counterclaims determination of whether reliance is justified is a fact sensitive one, ignoring facts that are in plain sight she was defrauded, the courthouse doors will, nevertheless, close on the litigant who sits on his/her rights

A shareholder’s derivative action is a lawsuit “brought in the right of a … corporation to procure a Under the Limited Liability Company Law, a “ embership interest” means “a member’s aggregate rights in a limited liability company, including, without limitation: (i) the member’s right to a share of the profits and losses of the limited liability company; (ii) the member’s right to receive distributions the company’s rights and obtain a judgment on its behalf.

As one might think, the answer to the question depends upon the facts and circumstances of each case. Liberty Mutual joined issue by denying the allegations of the Complaint and asserting eight affirmative Takeaway Contractually shortened statutes of limitation limit a plaintiff’s right of action because

character as an instrument for the payment of money only and, accordingly, is immaterial to plaintiff’s right

The MTA ultimately awarded the right to purchase the Mineola Property to the plaintiffs and the Yeroushalmi Defendants, with the parties agreeing to assign their rights to a third party. Wright , 150 A.D.3d 714, 715 (2d Dept. 2017).

On July 12, 2017, Drone, Bannon, and TCA Global Credit Master Fund, LP (“TCA”), a hedge fund that provided Pursuant to the Agreement, IP Holdings, which owned all right, title and interest in and to the trademark the Third Amendment, effective June 1, 2018, IP Holdings assigned the Agreement, as amended, and all rights and remedies thereunder, including the exclusive right to enforce the Agreement and its terms against

constructive eviction from their apartment, violated the warranty of habitability and denied them their right defendants refused to abate their rent for the two months at issue and reported their rent default to credit damages, as well as a judgment directing defendants to remove any adverse information from plaintiffs’ credit report and enjoining them from further damaging plaintiffs’ credit rating, abating their rent, and awarding

about to do, or is doing or procuring or suffering to be done, an act in violation of the plaintiff's rights advised that defendant had still not met its sales goals and, accordingly, that it was exercising its right

Sterling succeeded Hudson by reason of a merger in May 2015 and assumed Hudson’s contractual rights and Sterling had no option to terminate the 2015 EULA as a matter of right prior to October 1, 2017 – a point contracts would be reduced to writing and signed by both parties, so that courts could determine the rights