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878 results found for "creditors rights"
- Liquidated Damages Clause Found Not to Be Unconscionable
An unconscionable contract is one that “‘is so grossly unreasonable or unconscionable in the light of parties to a contract are basically free to make whatever agreement they wish, no matter how unwise it might
- Licorice Sticks and New York's General Business Law
under the circumstances.”[5] “Accordingly, “plaintiffs must do more than plausibly allege that a label might
- Statute of Limitations: Accrual for Breach of Fiduciary Duty Claims
to dismiss the proceeding should be denied, and the proceeding should go forward.”[11] As readers might
- Court Addresses Related Agreements with Forum Selection Clauses that Designate Different Venues for Dispute Resolution
which would amount to a ruling that Blackwell was terminated for Cause and thereby surrendered his rights the action should be dismissed under the doctrine of forum non conveniens (CPLR § 327(a)(4)), or in light
- Enforcement News: SEC Settles Accounting Fraud Charges with Chinese Company and Declines to Impose Civil Penalties Because of the Company’s Self-Reporting, Cooperation and Remediation
For decades, the SEC has credited cooperative behavior that assists the Commission in its mission to governance and compliance programs and their ability to detect potential violations before they come to light
- Dismissal of Securities Fraud Claim in Federal Court Has No Preclusive Effect on Common Law Fraud Claims Brought in State Court
2011 by former employees of GlaxoSmithKline PLC as a vehicle to obtain interests in the commercial rights of certain pharmaceutical products (the “Rights”), rebrand them, and sell them to other healthcare companies be paid below-market salaries, but in exchange, would receive interests in the appreciation of the Rights At December 31, 2014, MIP II exercised its call right for Plaintiffs’ vested Profits Interests. failed to receive any bids, which, if revealed, would have indicated to one Plaintiff that a sale of the Rights
- Statutory Requirement to Arbitrate Voids Parties’ Agreement to Litigate Disputes in Court
In light of this public policy, arbitration is encouraged “as a means of conserving the time and resources The court went on to say that “ ourts should be very hesitant … to impinge upon the rights and obligations
- The New York Court Of Appeals Addresses The Issue Of When A Mechanic’s Lien Can Be Placed On A Landlord’s Property By A Contractor Performing Work For A Tenant
of lien is the statutory method prescribed by which the party entitled thereto perfects his inchoate right electrical plans); revise design drawings “according to any proposed changes by , which it retained the right
- First Department Affirms Dismissal of Fraud Claim Because Damages Alleged Were Speculative
rule are intended to compensate plaintiffs for what they lost because of the fraud, not for what they might seeking punitive damages is to “not only … punish the defendant but to deter him, as well as others who might support a recovery, since a plaintiff cannot be compensated under a fraud cause of action ‘for what might damages rule, damages should compensate the plaintiff “for what lost because of the fraud,” not “what might plaintiff in Sapienza could only recover for what she lost because of the alleged fraud, not for what she might
- Scope of Court Proceedings Limited By Parties’ Agreement
reviewed and ‘ articular words should be considered, not as if isolated from the context, but in the light
- First Department Affirms Dismissal of Two Actions on Forum Non Conveniens Grounds
Background Kainer involved a dispute among purported heirs to Margaret Kainer’s estate over ownership rights First, the Court found that since “Plaintiffs’ rights as heirs to the painting arose in Germany and France
- UPDATE ON TEMPORARY NEW YORK STATE RESIDENTIAL AND COMMERCIAL FORECLOSURE PROTOCOLS
… informing them that they may be eligible for an extension of time to respond to the complaint in light
