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877 results found for "creditors rights"
- Court Denies Stay of Parallel State Court Action involving Similar, Though Not Identical, Securities Laws Violations
the merits; (6) whether the state court proceedings are inadequate to protect the federal litigant's rights
- In Focus: Class Action Lawsuits
lawsuit had to adequately represent the interests of persons who were absent from the action but whose rights The notice includes information about the lawsuit and informs class members that their rights may be If class members remain in the class, they give up their right to sue the defendants individually on
- Dismissal of Complaint With Prejudice Due To Violation of BCL § 1312 Modified To Allow Unregistered Foreign Corporation To Register With The State
Breitenstein , 52 A.D.2d 1049, 1050 (4th Dept. 1976); see also National Lighting Co. v. failure of the plaintiff to register with the State may be cured prior to the resolution of the action); Credit
- The Partnership That Wasn’t and The Motion to Compel Arbitration
The Court held that in light of the state policy encouraging the arbitration of disputes, the broad arbitration
- First Department Unanimously Affirms Denial of Motion to Compel Arbitration and Motion to Dismiss Fraud Claims
Bahamas to appoint a receiver to marshal the assets of Baha Mar and its subsidiaries, pursuant to a Credit Facility Agreement (“CFA”) between Baha Mar and China Exim Bank, and exercised its rights under the
- Court Finds That Sophisticated Plaintiff Unable to Demonstrate Justifiable Reliance on Alleged Misrepresentation and Omission
itself against deception, it should not be denied recovery merely because hindsight suggests that it might
- Court Declines to Stay 1933 Act State Action In Favor of Parallel Federal Action Alleging Claims Under the 1933 Act and the Exchange Act
asserted new claims under Sections 11 and 15 of the 1933 Act and named the Underwriter Defendants and eight differences between the parties named, remedies sought and standards of review, the plaintiff and the class might
- Third Department Gives No Break to Pro Se Litigant Attempting to Vacate a Default Judgment
While some might expect leniency from a court when a default judgment for failure to appear is entered
- Courts Holds, as a Matter of Public Policy, Pre-Filing Release of Claims Does Not Bar Suit Under the False Claims Act
However, “ f the release will be enforced, a party will have no right or reason to file a qui tam claim
- Sometimes The Facts Are Just Not On Your Side
and exclusive duty to accurately identify Denise as his legally married spouse – which he could not rightly
- Is The Commencement Of An Action, Particularly One Seeking Rescission, Itself An Anticipatory Breach? The New York Court Of Appeals Says No
referred to as “mitigating damages” and generally means that the non-breaching party cannot sit on his/her rights In light of the additional time and cost required, APB advised Princes Point that it intended to exercise the right to terminate the agreement unless Princes Point agreed to amend it. The proposition is a rational one, because a declaratory judgment action merely seeks to define the rights constitute an anticipatory breach . . . because a declaratory judgment action merely seeks to define the rights
- Service on an Unregistered Foreign Corporation
approximately four months after sending a copy of the summons with notice to PLS by registered mail and roughly eight interest of justice standard, however, is more lenient, allowing courts to accommodate late service that might