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the extent of the damage.”[6] Thus, if true, said the Court, plaintiffs demonstrated that defendants “might

“Therefore, the right of a stockholder to prosecute a derivative suit is limited to situations where board’s failure to act is “possibly the most difficult theory in corporation law upon which a plaintiff might

contract where there is no provision authorizing either of the parties to terminate as a matter of right

In fact, the Court was willing to allow that a promise might be inferred from communications or proven

that “if the plaintiff failed to appear at the closing, he would be in default and would forfeit all rights

Chemical Bank , 78 N.Y.2d 371, 377 (1991)), “ he burden of establishing a right to protection under these the loss and, on October 24, 2016, the Travelers Defendants sent Plaintiff a letter reserving their rights request for disclosure must be considered in the context of each case in which it is sought and in light

agency, the Department of Health and Human Services (HHS), made several decisions that undermined the rights including the Office of Special Counsel (OSC), an independent agency, which enforces the free speech rights This is important because very few federal employees are even aware of their whistleblower rights and protections, and the policies only add to influence them to believe that exercising their legal rights Not only are agencies restricting whistleblower rights, but in March reported that the Department of

ineffective where material terms are left for future negotiation or the writing expressly reserves the right provided that it was “for discussion purposes only and not constitute a binding commitment to provide credit

typically abrupt: promised payments cease, liquidity evaporates, and the underlying deception comes to light

In the absence of an operating agreement, the rights, duties and obligations of an LLC member are governed See , e.g. , Matter of Eight of Swords, LLC , 96 A.D.3d 839 (2d Dept. 2012); Matter of 1545 Ocean Ave E.g. , Matter of Eight of Swords, LLC , 96 A.D. 3d 839, 840 (2d Dept. 2012). to receive a fair return on their investment or whether it is reasonably necessary to protect their rights In the latter situation, an LLC member who holds co-equal management rights, but possesses a minority

“The purpose of equitable estoppel is to preclude a person from asserting a right after having led another to form the reasonable belief that the right would not be asserted, and loss or prejudice to the other would result if the right were asserted.” Courts apply the defense “to prevent someone from enforcing rights that would work injustice on the person

testamentary instruments that deprived it of a $100 million bequest from Himan Brown (“Brown”), the creator 142 (2017) (noting that a plaintiff cannot be compensated under a fraud cause of action “for what might Radio Drama of an ‘opportunity to participate actively in the ... objections, or ... to explore its rights Some courts have held that undue influence is not a cause of action or a claim in its own right, but the boundaries of the Surrogate Court’s subject matter jurisdiction – a discussion that many readers might