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878 results found for "creditors rights"
- The New York Court Of Appeals Confirms The Constitutionality Of The Cplr’s Security For Costs Provisions
CPLR § 8501(a) , which permits a defendant to be awarded security for costs as of right, provides that amounts set forth in CPLR § 8503 may seem insignificant and, accordingly, moving for security for costs might assess whether nonresidents are given access on reasonable and adequate terms for the enforcing of any rights As to the second prong, “should the court determine that the plaintiff's exercise of a fundamental right reasons, we conclude that sections 8501 (a) and 8503 do not unduly burden nonresidents' fundamental right
- Post Cyan, New York State Court Dismisses Action Under the Securities Act of 1933
Section 11 of the 1933 Act provides securities purchasers a private right of action if any part of a a material fact or omit to state a material fact necessary in order to make the statements, in the light as a matter of law it cannot be said that any reasonable investor could consider them important in light Although bright-line numerical tests for materiality are inappropriate and have been rejected, courts to 2016, its gross margins had decreased and its annual net sales growth had halved; its customer “credit
- Push for Whistleblowers to Report Illegal Wildlife Trafficking
wildlife and seafood products driving iconic wildlife to extinction and responsible for countless human rights You can look at the page where the trafficker puts the item and right next to it, there are advertisements The Global Wildlife Whistleblower Program continues to fight against the illegal wildlife trafficking On the legislative front, the WCATA appears to be a step in the right direction. federal agencies responsible for the enforcement of wildlife trafficking to use whistleblowers in the fight
- United States Supreme Court Grants Certiorari in Tender Offer Case Over the Appropriate Standard of Conduct to Apply Under Section 14(e) of the Exchange Act
Section 14(e) of the Securities Exchange Act of 1934 <“exchange act”> supports an inferred private right This reasoning, explained Petitioners, is consistent with the courts that have “inferred a private right Noting that the Supreme Court had not “previously recognized a private right of action under Section However, Petitioners invited the high court to “reexamine” whether there is a private right of action Under the Court’s prior “precedents,” said the Chamber, “recognition of a private right under Section
- The Absence of a Single Statute of Limitations for Breach of Fiduciary Duty Claims
As readers might expect, the determination of whether a fiduciary duty claim is equitable or monetary According to plaintiff, the transaction needed to be approved by the NYCANNA shareholders within eight
- Second Department Finds Laches Defense Applicable in Building Permit Dispute between Neighbors
“The doctrine of laches is an equitable doctrine which bars the enforcement of a right where there has In light of plaintiff’s delay in seeking to safeguard interests and failure to offer any viable reason
- In A “Fact Posture” of First Impression in the Second Department, Court Finds That Defendant Waived The Protective Stay Provisions of CPLR 321(c)
Eight months later, however, defendant’s counsel was suspended from the practice of law. opportunity to obtain new counsel before further proceedings are taken and thereby avoid prejudice that might
- Family Disputes and the Shareholder Derivative Action
Under BCL § 720(a)(1), a shareholder’s right to bring a derivative action against directors for breach
- First Department Finds Fraud Claim Duplicative of Contract Claim Even Though Plaintiff Stated A Duty Independent of The Contract
Credit Suisse Sec. (USA) LLC , 165 A.D.3d 108, 114 (1st Dept. 2018); Mañas v. interest on or before December 17, 2019, in exchange for Salamone agreeing to forbear exercising his rights
- SECOND DEPARTMENT INVOKES ESTOPPEL TO PREVENT A MORTGAGE FORECLOSURE DEFENDANT FROM ARGUING THAT SHE WAS SERVED WITH PROCESS AT AN IMPROPER ADDRESS
An estoppel: "is imposed by law in the interest of fairness to prevent the enforcement of rights which
- Court Finds Promise of Future Performance and Anti-Reliance Provision in Merger Clause Preclude Fraudulent Inducement Affirmative Defense
breach of the KMI Agreement, and (4) breach of the Prescription Agreement – the agreement governing the rights Plaintiffs accepted the payment but expressly reserved “the right to seek an award of prejudgment interest held that the tender of payment after the litigation commenced did not defeat plaintiffs’ statutory right
- SECOND DEPARTMENT DETERMINES THAT POTENTIAL REAL ESTATE BUYER IS NOT ENTITLED TO SPECIFIC PERFORMANCE BECAUSE THERE WAS NO ENFORCABLE CONTRACT
Specific Performance is frequently used to enforce a party’s rights under real estate contracts. contract between the parties, it is important to consider the impact of the delay in exercising one’s rights
