Search Results
877 results found for "creditors rights"
- The Failure to Plead Fraud with Particularity Results in the Dismissal of a Fraudulent Inducement Claim
potentially unnecessary injustice to dismiss a case at an early stage where any pleading deficiency might
- Publicly Available Information Undermines Plaintiff’s Claim of Justifiable Reliance on Alleged Misrepresentation
other representations about the expertise of Tall Tower and its executives were false or misleading in light
- Fraud Notes: Accounting Fraud, Scienter, Justifiable Reliance and the Statute of Limitations – A Potpourri of Fraud Allegations
Plaintiffs sued CohnReznick, LLP, the independent auditor of Platinum Partners Credit Opportunities Fund The Court explained that plaintiffs did “not seek ‘recovery for the loss of the value that might have
- First Department Affirms Dismissal of Fraud Claim Because The Plaintiff Had The Wherewithal to Protect Herself But Failed To Do So
potentially unnecessary injustice to dismiss a case at an early stage where any pleading deficiency might
- Court Holds Text Message Inadmissible Evidence to Support Breach of Contract Claim
clear but is susceptible to different meanings; or although the language is clear, taken literally, it might agreement, Castle LLC agreed to furnish Castaldi with a monthly report of all payments and other items credited
- A Hint of Falsity Requires a Heightened Degree of Diligence by The Party to Whom the Misrepresentation Was Made Says the Second Department
ISS alleged that “ n light of the representations made by . . . that the services being performed by
- Ninth Circuit Joins The Second Circuit To Apply Dodd-Frank Anti-Retaliation Protections To Whistleblowers Who Report Wrongdoing Internally
The Dodd-Frank Act creates a private right of action for employees who have suffered retaliation “because Importantly, Congress did not limit the private right of action to employees. This is especially so in light of the implications of extending the DFA anti-retaliation protections
- The New York Court Of Appeals To Review Partner Dissolution Case
the Supreme Court’s holding, the Court found that the lower court’s reliance on cases concerning the rights discount, the court stated: In this case, the remaining partners chose to exercise their statutory right Second Department concluded that since the partnership was a going concern and Malfitano did not have a right liquidation value: Here, as in Anastos , the partnership remains a going concern, and the defendant has no right including sales of comparable interests and provisions in the partnership agreement restricting the rights
- Failure to Demonstrate that Foreign Company Had Engaged in Systemic and Regular Activity in New York Results in Denial of Dismissal Motion Under BCL § 1312(a)
Breitenstein , 52 A.D.2d 1049, 1050 (4th Dept. 1976); see also National Lighting Co. v. to obtain a certificate pursuant to BCL 1312 may be cured prior to the resolution of the action.); Credit
- Justifiable Reliance and the Counterclaim That Wasn’t
It might be suggested that Shulman accepted the risk of not knowing what the sales figures were for 2015
- Email Correspondence Concerning The Sale Of Real Estate Not Enough To Satisfy The Statute Of Frauds
among other things, a deposit or down payment, closing date, quality of title, escrow, risk of loss, right
- Court Upholds Forum Selection Clause Finding Enforcement Would Not Be Unconscionable
In light this holding, Justice Emerson “consider the defendant’s motion as having been made under CPLR