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877 results found for "creditors rights"
- Fraudulent Inducement: Materiality, Scienter and Justifiable Reliance
affiliation beyond its June 30, 2016 termination, and that NBC never suggested to defendant that it might
- Contractual Disclaimers Did Not Preclude a Fraudulent Inducement Claim Because They Did Not Specifically Address the Subject of the Alleged Misrepresentation
it does not conclusively appear that a plaintiff had knowledge of facts from which the alleged fraud might itself against deception, it should not be denied recovery merely because hindsight suggests that it might
- OWNERS BEWARE: The First Department Expands The Boundaries Of “Construction Sites” To Bring More Cases Within The Scope Of Labor Law § 240
Thus, “under the lease had the right and ability to provide safer access to the construction workers owners and contractors should be mindful of the First Department’s willingness to expand a plaintiffs’ rights
- Cyan V. Beaver County Employees Retirement Fund: Supreme Court Affirms State Court Jurisdiction Over Securities Act Class Actions
To think Cyan right, we would have to believe that Congress upended that entrenched practice not by any The limitation imposed by that approach, however, might be prohibited by Section 14 of the 1933 Act.
- Lost Profit Damages: It Makes A Difference in Proof Whether the Damages Alleged Are General or Special
no metrics by which the parties could project future receivables and therefore on which lost profits might exceed various expenses before Morgan Stanley would owe Electron the type of profit payments Electron might
- Follow-up -- Out Of State Attorneys Admitted In New York, Cannot Rely On New York Virtual Offices If They Intend To Practice In New York
consider the ramifications of section 470 (such as the running of applicable statutes of limitations in light and attorneys who are considering working in states in which they are admitted, but do not reside, might
- Bad Faith Conduct Supports A Claim For Breach Of The Implied Covenant Of Good Faith And Fair Dealing
pledge that neither party shall do anything which will have the effect of destroying or injuring the right Greenestreet disputed Foscarini’s right to vacate the premises, to withdraw its cause of action, and that “ he lease does not place any express, stated conditions on Foscarini’s decision to exercise its right to renew, nor … does the lease provide that Foscarini’s exercise of its right to renew the lease is “Neither ha the right to undermine the other’s reasonable expectations, or to make performance more
- Fraud Complaint That Seeks Damages Different From Contract Found Not To be Duplicative of Contract Claim
potentially unnecessary injustice to dismiss a case at an early stage where any pleading deficiency might
- Court Finds Conflicting Inferences And Credibility Issues Too Great To Satisfy Summary Judgment Burden
The Court’s Ruling The Court found that denial of summary judgment was appropriate in light of the “In light of the defendants’ failure to meet their prima facie burden,” the Court “agree with the Supreme As a general matter, the courts view the evidence submitted in a light most favorable to the party opposing
- DOJ Announces Policy Change; Will Seek Dismissal Of Qui Tam Actions Lacking Merit
has the statutory authority to seek dismissal of qui tam actions, the DOJ has rarely exercised this right
- U.S. Supreme Court Rules That Tolling Principles Do Not Apply To Securities Act Statute Of Repose
using a procedural rule to toll a statute of repose would “necessarily enlarge or modify a substantive right 2072(b) (The Federal Rules of Civil Procedure “shall not abridge, enlarge or modify any substantive right As such, “those members stand to forfeit their constitutionally shielded right to opt out of the class See 28 U.S.C. § 1658(b) (A private right of action alleging fraud under the Exchange Act “may be brought out does not supersede the time limitation in a statute of repose; and that a defendant’s statutory right
- Enforcement News: Naked Short Selling, Reg. SHO and Securities Fraud
Regulation SHO was adopted to update short sale regulation in light of numerous market developments since
