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877 results found for "creditors rights"
- COVID-19 and the SEC and FINRA: Adjusting and Fully Operational
said that it would re-evaluate the member’s ability to complete its annual regulatory obligation in light
- Breach of Contract, Duplication of Claims and the Statute of Frauds: An Interesting Mix
"> The Court found that the complaint “fail to include any specific allegations that these eight Defendants
- Court Finds Documentary Evidence Utterly Refutes Tenant’s Claim For Damages
reason, courts described the phrase as “fuzzy” because “what is documentary evidence for one purpose, might
- Court-Ordered and Statutory Deadlines are Not Optional, Says the First Department
However, most lawyers likely wake up in the middle of the night worrying about whether they can meet
- Can A Plaintiff Who Voluntarily Dismisses A Qui Tam Complaint Receive An Award From The Settlement Of A Later-Filed Government Action?
proceeding with the qui tam action itself, or declining to intervene, in which case the relator has the right , the FCA permits the government to pursue other available remedies, while preserving the relator’s right Specifically, Section 3730(c)(5) governs the relator’s rights when the government “elect to pursue its The court reasoned that the plaintiff could not “assert the rights of an original qui tam plaintiff . . . because she abandoned those rights when she voluntarily dismissed her suit.”
- The Financial Choice Act And The Pushback On Fiduciary Duties
Section 36(b) provides shareholders with a private right of action to enforce this obligation. Section 36(b) does not, however, give plaintiffs the right to sue for alleged breaches of general fiduciary The court’s function is to use “the range of fees that might result from arm’s-length bargaining as the
- Burned by a Margin Call? You May Have a Case of Margin Abuse
The advice that you might get from an investment firm or advisory firm is to buy on margin—because they
- Proving a Breach of Fiduciary Duty Claim
that: (a) the decision-making process was adequate (the reasonableness test), and (2) reasonable in light Wright , 150 AD 3d 714, 715 (2d Dep’t 2017).
- “No Reliance” Clause Precludes Fraudulent Inducement Claim Based on Extra-Contractual Representations
retired, he would be entitled to receive up to $150,000 per building made payable over the course of eight
- Extensions of Time to Serve Process Under CPLR 306-b
justice” standard is broader than that of “good cause” and is meant to “’accommodate late service that might
- Statute of Limitations, Justifiable Reliance, and Loss Causation: Court Denies Summary Dismissal of Fraud Action Due to Material Issues Fact
it does not conclusively appear that a plaintiff had knowledge of facts from which the alleged fraud might linked to the alleged fraud, which Plaintiff contends led it to assume a certain level of performance, credit Weber’s testimony might be fodder for cross-examination, it is insufficient to establish a loss causation
- Is The Dol Fiduciary Rule Dead Or Alive?
advanced by the plaintiffs; namely, that the DOL did not exceed its authority, did not create a private right