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797 results found for "park doctrine"
- U.S. District Court for The Eastern District of New York Issues a Preliminary Injunction Against One of Mitsubishi’s Former Dealers
dealerships that are authorized to “sell and provide services relating to…Mitsubishi motor vehicles, parts (Citations and some internal quotation marks omitted.) (Citations and some internal quotation marks omitted.) (Citations and some internal quotation marks omitted.) (Emphasis in original; citations and some internal quotation marks omitted.)
- SEC Enforcement News: Elon Musk, Retail Brokers and Investment Advisors
” < ed. note : to this blog’s knowledge, the sec action against musk marks the first enforcement action complaint underscores this point.> ed. note: to this blog’s knowledge, the sec action against musk marks minimal number of held orders – orders that must be executed immediately at the current market price – in dark As part of the settlement, COR agreed to exit a key penny stock clearing business by significantly limiting In addition, in its Forms ADV and Forms ADV Part 2A, Goldsky stated that it had over $100 million in
- Court Upholds Fraudulent Inducement Claim on Particularity Grounds
Northern Leasing, Sys., Inc. , 10 N.Y.3d 486, 491 (2008) (internal quotation marks and citations omitted Id . at 491-92 (internal quotation marks and citations omitted). See also CPC Intl. v.
- Court Holds Text Message Inadmissible Evidence to Support Breach of Contract Claim
Co. of Pittsburgh, Pa. , 25 N.Y.3d 675, 680 (2015) (citation and internal quotation marks omitted). (citation and quotation marks omitted). Under the consulting agreement, Castaldi agreed to perform consulting services on a part-time basis.
- Second Department Affirms Denial of Summary Judgment Motion Finding Issues of Fact Surrounding Fraud and Fraudulent Conveyance Claims
Northern Leasing, Sys., Inc. , 10 N.Y.3d 486, 491 (2008) (internal quotation marks and citations omitted Id . at 491-92 (internal quotation marks and citations omitted). See also CPC Intl. v. Brodsky , 257 A.D.2d 526, 529 (1st Dept. 1999) (internal quotation marks and citations omitted). to hinder, delay, and defraud plaintiffs from collecting the indebtedness owed by Richard, and were part
- Court Dismisses Complaint Charging Misappropriation of Intellectual Property on Summary Judgment
proliferate, the risk that a company’s trade secrets and ideas will be misappropriated has become a part Supp. 3d at 270 (internal quotation marks and citation omitted) (“It is ... well-established that information Haley , 183 A.D.2d 44, 53 (2d Dept. 1992) (internal quotation marks and citations omitted) (“an idea Id . at 52 (internal quotation marks and citation omitted).
- Securities Act Claims Dismissed as Time-Barred and Otherwise Insufficient
The prospectus is included as part of the registration statement. 2 Section 11 of the Securities Act provides securities purchasers a private right of action if any part Agency , 873 F.3d at 154 (alterations and internal quotation marks omitted). Akerman v.
- Some Pitfalls of Moving for Summary Judgment in Lieu of Complaint
Electron Power, Inc ., 37 N.Y.2d 151, 154 (1975) (citations and internal quotation marks omitted).
- Court Finds Minority Shareholder Lacks Standing to Seek Deadlock Dissolution Under the BCL
(a), par (1)) or where “the property or assets of the corporation are being looted, wasted or diverted (a), par (2). Dissolution under this section is discretionary. Gimpel v. Park Sheraton Pharmacy , 107 Misc. 2d 25, 28 (Sup. Ct., N.Y. County Oct. 24, 1980)).
- How Short is Too Short?
Co. , 22 N.Y.3d 511, 519 (2014) (internal quotation marks and citation omitted). (internal quotation marks and citation omitted). the Labor and Material Payment Bond required by State Finance Law §137, which promised, in relevant part had asserted that its work had been delayed by design defects and other errors and omissions on the part
- The New York Court Of Appeals, Answering A Certified Question From The United States Court Of Appeals For The Second Circuit, Rules On The Appropriate Measure Of Damages In New York Trade Secret, U...
(Citations and internal quotation marks omitted.) they “exploit the skill, expenditures and labors of a competitor” (citations and internal quotation marks advantage that the plaintiff achieved through honest labor (citations, brackets and internal quotation marks (Emphasis in original, citations and internal quotation marks omitted.)
- Lost Profit Damages: It Makes A Difference in Proof Whether the Damages Alleged Are General or Special
Ireland, Ltd. , 22 N.Y.3d 799, 805-806 (2014) (internal quotation marks and citation omitted). (internal quotation marks and citation to briefing omitted).