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corporate dissolution

143 published works

  1. Defense Litigation Insider

    Free and Clear: Dissolved Delaware Corporation Deemed Not Liable for Asbestos-Related Liabilities More than 10 Years After Dissolution

    By Peter Faben, Brian Gross

    The Delaware Court of Chancery recently took a rare foray into the world of asbestos litigation after it was asked to appoint a receiver to distribute the remaining reserves from…

  2. Insurance Litigation & Regulatory Law Blog

    Recovery From Dissolved Corporation’s Liability Insurer Barred By Foreign Survival Statute

    By Hinshaw & Culbertson LLP

    The recent case of Greb v. Diamond International Corp. highlights the need for dissolved corporations and their insurers to consider the survival statute of their state of incorporation when defending…

  3. Delaware Corporate & Commercial Litigation Blog

    Chancery Addresses Two Methods for Dissolving Delaware Corporations; No Receiver Appointed 10 Years after Dissolution and No Claims Allowed after 10 Years

    By Francis Pileggi

    In the Matter of Krafft-Murphy Company, Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013). Issue Addressed This case addresses a question of first impression in Delaware: Whether a receiver should be…

  4. New York Business Divorce

    Dissolution Case Ensnares Buyer of Corporation’s Realty in Unauthorized Sale

    By Peter A. Mahler

    Someday, if and when the facts come out in discovery, we’ll learn what really happened in the curious case of Matter of Hu (Lowbet Realty Corp.), 2012 NY Slip Op 22314 (Sup…

  5. The Appellate Strategist

    Limits on Life after Death: Only Accrued Claims Are Viable Against Corporations Post-Dissolution

    By Kirk Jenkins

    According to the Illinois Business Corporation Act, the dissolution of a corporation “shall not take away nor impair any civil remedy available” to or against the corporation, its directors or…

  6. Delaware Corporate & Commercial Litigation Blog

    Conspiracy Theory of Personal Jurisdiction Over Director Survives Motion to Dismiss

    By Kevin F. Brady

    Hospitalists Of Delaware, LLC v. Lutz, C.A. No. 6221-VCP (Aug. 28, 2012).  In this derivative and direct action, the plaintiffs, two judgment creditors of defendant Cubit Medical Practice Solutions, Inc.,…

  7. New York Business Divorce

    Unclean Hands Defense Defeats Petitioner’s Shareholder Status in Corporate Dissolution Suit

    By Peter A. Mahler

    The doctrine of "unclean hands" played a decisive role in a recent decision by Justice Emily Pines in Kimelstein v. Kimelstein, in which the court dismissed a dissolution petition brought…

  8. Unfair Business Practices

    Virginia Clarifies Test for Judicial Dissolution of Corporations and Partnerships

    By w-michaelmikeholmunfairbusinesspractices-blogspot

    Last month the Virginia Supreme Court issued two significant opinions relating to the judicial dissolution of partnerships and closely held corporations. Both cases addressed issues of first impression. The opinion…

  9. New York Business Divorce

    Judicial Dissolution of the Not-For-Profit Corporation

    By Peter A. Mahler

    Did you know that not-for-profit corporations can also be the subject of judicial dissolution proceedings stemming from disputes among the members? A rare example recently made the news in the…

  10. Delaware Chancery Law Blog

    Delaware Court of Chancery Addresses Procedure for Pursuing Claims on Behalf of a Limited Liability Company After Its Dissolution and Cancellation

    By Sheldon Rennie

    The Delaware Court of Chancery in Matthew v. Laudamiel, C.A. No. 5957-VCN, (Del. Ch. Feb. 21, 2012) addressed, among other things, the issue of whether the dissolution and cancellation of…