This Blog has written about judicial dissolution under Limited Liability Company Law (“LLCL”) § 702 many

Utah , 414 U.S. 538 (1974), the seminal case on equitable tolling and class action lawsuits. or file new lawsuits in their individual capacities, even if the statute of limitations had run. federal securities laws against the company and certain of its officers and directors, alleging, among The lawsuit was commenced a year and a half after the statute of limitations expired. noted that statutes of repose “are not ubiquitous” and that many claims under other state or federal laws

constituted fraud in fulfilling a prerequisite to receiving government funds,” it was material as a matter of law to the causation issue, Luce argued that the Supreme Court’s instruction in Escobar to apply common-law causation in Escobar , it nevertheless instructed the courts to interpret the FCA consistently with common-law At common law, a fraudulent misrepresentation is the legal cause of a monetary loss “only if the loss

, Inc. , 607 F.3d 905, 917 (2d Cir 2010) (“This Court has recognized many times that under New York law Veneto teaches that these fundamental principles remain well entrenched in New York law.

Thereafter, Rocheleau filed a whistleblower retaliation lawsuit in the United States District Court for statute, as she could not hold an objectively reasonable belief that Microsemi violated the securities laws possessed a reasonable belief that the information she was providing to Microsemi related to a securities law Many violations of the law go unreported because people who know about them are afraid of being disciplined sure that the conduct about which the whistleblower is complaining is actionable under the securities laws

requirement that out of state plaintiffs post security for costs has long been a part of New York’s laws

As noted by the court, in a prior lawsuit brought by PPG to recover the money that Plaintiff had stolen possess personal property, but only one has a superior right to that property, or where the property was lawfully

On March 21, 2019, Dragons commenced a lawsuit to enforce the Facility Agreement and the Guaranty Agreement

The Justice Department has joined a whistleblower lawsuit against United Healthcare Group, Inc. The original lawsuit was filed by James Swoben, a former employee of Senior Care Action Network (SCAN This lawsuit comes on the heels of another qui tam action the Justice Department joined in February The False Claims Act allows whistle-blowers to file lawsuits against companies on behalf of the government

Presently, Article 10 of New York’s Debtor and Creditor Law (the “DCL”) governs fraudulent transfers. In 2009, Capital One provided TFA with a $35 million revolving credit line to finance its business.  The credit line, which was guarantied by Levine and Corrigan, was increased to $80 million in 2012.  In another related action, Capital One moved for summary judgment in lieu of complaint against Corrigan The New York Legislature is presently considering repealing the existing fraudulent conveyance laws and

“It encompassed an obligation imposed by law on one to pay a sum of money or to deliver specific property Over time, assumpsit was divided into various categories, two of which lawyers know today as money had Money had and received is a common law claim in which the plaintiff seeks the return money from another The Law in New York A claim for money had and received requires a showing that: (1) the defendant received Takeaway Money had and received is a category within the common law cause of action of assumpsit.

arbitrate a certain matter (including arbitrability), courts generally . . . should apply ordinary state-law This approach reflects the “overarching principle of law ‘that arbitration is a matter of contract’”