Topic
Judicial Dissolution
73 published works
Corporate & Financial Weekly Digest
Delaware Chancery Court Grants Request to Dismiss Judicial Dissolution Proceeding
The Delaware Chancery Court exercised its discretion to dismiss a judicial dissolution proceeding in deference to a prior pending action in New Jersey, the latter of which involved issues that…
New York Health Law
Physician Shareholders Take Notice: New York Court Upholds Complaint for Common Law Dissolution
Physicians with a controlling interest in a New York professional corporation should be mindful of a minority shareholder’s common law right to judicial dissolution. In a recent posting on our New…
New York Business Divorce
Court Upholds Complaint Seeking Common Law Dissolution of Family-Owned Business
In New York, the common law right to judicial dissolution of a closely held corporation has existed for about 50 years, but there have few reported cases on the subject,…
New York Business Divorce
There’s No Need for Publication Notice of LLC Judicial Dissolution Proceedings
The statute governing LLC dissolution proceedings, unlike the one for corporations, does not require publication notice at the start of the case. So why do we still see LLC dissolution…
New York Business Divorce
Judicial Estoppel + Dead-Man’s Statute = No Standing to Seek Judicial Dissolution of Close Corporation
This week's New York Business Divorce tells a cautionary tale of a business partnership between a lawyer and his client turned sour, as revealed in a recent decision by Nassau…
New York Business Divorce
Court Sends Everyone Home Empty Handed in Bitter Business Breakup
This week's New York Business Divorce features an interesting decision by Commercial Division Justice Emily Pines in Nastasi v. Carlino, where she sent both sides home empty handed in a…
New York Business Divorce
Court Decision Weds Business Divorce with Matrimonial Divorce
In a rare intersection of matrimonial and business divorce, last week the Appellate Division, Third Department, upheld the dismissal of an LLC dissolution proceeding brought by one spouse on the…
Delaware Corporate & Commercial Litigation Blog
Chancery Addresses Theories of Personal Jurisdiction in Dissolution Proceeding
Gould v. Gould, C.A. No. 3332-VCP (Del. Ch. Jan. 7, 2011), read opinion here. Issue Addressed The issue addressed in this dissolution proceeding was whether to grant a motion to amend…
New York Business Divorce
Contract Trumps Shareholder Expectations in Recent Case Denying Judicial Dissolution of Close Corporation
Suffolk County Commercial Division Justice Emily Pines recently denied a judicial dissolution petition brought by a minority shareholder after he voluntarily left the company to take employment elsewhere, and where…
New York Business Divorce
Court Requires Demand Upon Receiver for Derivative Action in Dissolution Case
When the court appoints a receiver in a corporate dissolution proceeding, must a shareholder who thereafter seeks to bring a derivative action on the corporation's behalf make a formal demand…