Thus, the Court held that: Our case law is clear that a party’s termination is ineffective where the

“essentially involve[] a bargained-for exchange between the parties” and “ bsent some violation of law contractual provision is “an enforceable liquidation of damages or an unenforceable penalty is a question of law

Although the industry is regulated by state and federal law, such as the Investment Company Act of 1940

burden of showing that the relied upon documentary evidence ‘resolves all factual issues as a matter of law utterly refutes plaintiff’s factual allegations, conclusively establishing a defense as a matter of law Statute of Frauds Under General Obligations Law § 5-701(a) (1), “ very agreement, promise or undertaking Although the law permits the courts to piece together writings (such as emails) to determine whether

Failure to Uncover Fraudulent Activity The doctrine of in pari delicto has been a part of the common law Therefore, the law will not extend its aid to either of the parties or listen to their complaints against Agency Law and the Principle of Imputation “Traditional agency principles play an important role in Thus, the law “presumes imputation even where the agent acts less than admirably, exhibits poor business In every case, the law presumes that agents “communicate information to their principals.” Id .

The Federal Rules of Civil Procedure and the Civil Practice Law and Rules set forth the grounds upon Carter accepted the offer but did so “without waiver to any of her rights at law, including her right

commence a special proceeding for a license so to enter pursuant to article four of the civil practice law

Chancery Court has issued a series of rulings in which disclosure-only settlements in merger objection lawsuits 2016) ( here ), Chancellor Bouchard rejected a proposed disclosure-only settlement of a shareholder lawsuit parties, the judgment of counsel, the presence of bargaining in good faith, the nature of the issues of law The February 8, 2018 Opinion After discussing the choice of law, Judge Kornreich turned to the change a close call that the supplemental information is material as that term is defined under Delaware law

Following months of unsuccessful negotiations, Beckman filed a lawsuit for declaratory judgment, injunctive Law Off. of Howard R. Birnbach , 82 A.D.3d 1077, 1078-1079 (2d Dept. 2011).

Such provisions are common in promissory notes and mortgages – an area of the law frequently covered

They failed to establish as a matter of law that any of the five agencies in the list, including Hispanic

157 (1990), the Court noted that “the issue of whether or not a writing is ambiguous is a question of law