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1208 results found for "lien law"
- Facts Learned From Deposition Insufficient to Support Motion to Renew
Haber It goes without saying that lawyers do not win every motion they make. When that happens, a lawyer can appeal the order or avail himself/herself of the two options afforded § 2221: he/she can make: (1) a motion to reargue, or (2) a motion to renew. 1 In either case, the lawyer the order and written notice of its entry. 2 A motion to reargue is “based upon matters of fact or law to make his/her original decision. 4 The motion cannot include any matters of fact or principles of law
- Enforcement News: SEC Charges Film Producer, Rapper, and Others for Promoting Allegedly Fraudulent Initial Coin Offerings
advising that digital tokens or coins may be securities, and thus, subject to the federal securities laws autonomous organization known as “The DAO” were securities and therefore subject to the federal securities laws those participating in unregistered offerings could also be liable for violations of the securities laws “The federal securities laws provide the same protections to investors in digital asset securities as with violating registration, antifraud, and anti-manipulation provisions of the federal securities laws
- Family Disputes and the Shareholder Derivative Action
Adam maintained that Libra colluded with Lawrence Flynn, who had been appointed as the property guardian intentionally with full knowledge that their action constituted misconduct in knowing violation of the law The motion court found that such an argument was without basis in law or logic. themselves from liability for actions that do not rise to the level of bad faith, a knowing violation of the law “The business judgment rule is a common-law doctrine by which courts exercise restraint and defer to
- Disclosure as Defense: When Written Offering Materials Negate Claims of Fraudulent Misrepresentation
dollar‑denominated subordinated notes pursuant to an indenture and offering memorandum (“OM”) governed by New York law
- Landlords Can Waive Goodbye to Their Lease Rights by Accepting Rent Payments With Knowledge of the Tenant’s Defaults
Court stated: Here, the plaintiff established its prima facie entitlement to judgment as a matter of law
- The Importance of Sharing Profits and Losses When Claiming Breach of an Oral Partnership and Pleading Fraud with Particularity
"> Footnotes Partnership Law § 10. Partnership Law § 40(7). Fasolo v. Supp. 2d 144, 166 (E.D.N.Y., 2010) (“a fiduciary relationship embraces not only those the law has long
- Remote Work Sufficed to Invoke Personal Jurisdiction
of the privilege of conducting activities within , thus invoking the benefits and protections of its laws (quoting Best Van Lines, Inc. v.
- Gatekeepers of Arbitrability: Fraud, Mistake, and the Absence of Consideration
to arbitrate a certain matter (including arbitrability), courts generally . . . apply ordinary state-law In addition to the arbitration clause, each franchise agreement contained a choice of law provision, (“FAA”), and … that the FAA preempt[] any state law restrictions (including the site of the arbitration arbitrability to the arbitrator, the courts construe the arbitration agreement under “relevant state law genesis, scope and nature of the claims; whether the parties could obtain judicial review of errors of law
- Out-of-pocket Fraud Damages: Proof Required to Determine the Value of Restricted Securities
court denied the motion, finding that the case was not one “where damages incapable as a matter of law The Appellate Division, First Department, unanimously reversed, on the law, and granted Defendants’ motion
- When An Arbitration Provision Governs, Should a Court Sua Sponte Direct The Parties To Arbitrate? The Second Department Says No
private person will resolve any legal disputes between them, instead of a judge or jury in a court of law The law firm defendants, as well as nonparty Watts Guerra, LLP (“Watts Guerra”), represented Eureka in raising the same contentions as those raised in opposition to PSF’s motion for summary judgment in lieu moved to add an additional defendant to the action and made a second motion for summary judgment in lieu seek protective relief and to preserve the status quo pending arbitration. 22 While acknowledging the law
- “Missed it by That Much” – CPLR 205-A and FAPA
new action would have been timely commenced within the applicable limitations period prescribed by law
- Did You Unintentionally Enter Into A Settlement Agreement By Email?
This is because “settlement agreements are subject to the principles of contract law.” action “to recover on an instrument for the payment of money only by motion for summary judgment in lieu Accordingly, the Supreme Court properly granted the plaintiffs' motion for summary judgment in lieu of

