0 results for 'Ashby Geddes'
Litigation demand not futile where directors who would give plaintiff a majority lacked any personal or professional connection to the interested controller sufficient to call the directors' independence into question.
Original tenant could not be held liable under assigned lease which was amended by the landlord and assignee without the original tenant's knowledge or consent.
Although defendant prevailed on some claims asserted by plaintiff, plaintiff was the prevailing party in the overall litigation as the central issue in the case was the validity and enforceability of the parties' contracts, and thus plaintiff was entitled to legal fees and costs under the contractual fee-shifting provisions.
Communications threating litigation at some indefinite time in the future without identifying claimants or requesting monetary relief were insufficient to constitute a "claim for damages" that would trigger or bar liability insurance coverage.
Court imposed sanctions in the form of a factual presumption on a key issue, which defendants could only rebut with clear and convincing evidence, after defendants admittedly took no action to preserve electronically stored information in response to litigation hold notices.
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State common law claims arising from fossil fuel companies' operations which harmed the environment were largely preempted by the Clean Air Act, which regulated the use of fossil fuels and emissions standards.
Court denied stockholder's motion for a preliminary injunction to require company to allow stockholder's nominees to stand for election to the board and to grant the stockholder's request for exemption from a rights plan, where stockholder failed to present sufficient evidence to demonstrate its likelihood of prevailing on its breach of fiduciary duty claims against the board.
Although plaintiffs failed to identify a contractual provision expressly requiring defendants to operate their aviation-related businesses through the parties' LLC, plaintiffs sufficiently alleged breaches of fiduciary duties by claiming that defendants usurped that business opportunity and caused the LLC to instead engage in marginally profitable interested transactions.
Court denied entry of partial judgment on issue that the court entered summary judgment for plaintiffs, where plaintiffs would not be unduly prejudiced by the delay in being able to appeal and where partial judgment could lead to piecemeal litigation and appeals as the resolved issue was not a predicate issue for the rest of the case.
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