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BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"directors" and "officers" - "directors" and "officers"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
SOUTHERN UNION COMPANY v. U.S., 11-94 (U.S. 6-21-2012)
No. 11-94
Argued March 19, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
As I have said, the dissenters thought that the Sixth Amendment did not require a jury to find any of these sentencing facts. Why, asked the dissenters, should Congress' or a State's desire for greater sentencing uniformity achieved through statutes seeking more uniform treatment (of similar offenders committing similar offenses in similar ways) suddenly produce new Sixth Amendment jury trial requirements? Those requirements would work against greater sentencing fairness. To treat all sentencing facts (where so specified in a statute or rule) as if they were elements of the offense could lead Congress simply to set high maximum ranges for each crime, thereby avoiding Apprendi's jury trial requirement. Alternatively, Congress might enact statutes that more...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EATONI ERGONOMICS v. RESEARCH IN MOTION CORP., 11-5328-cv (2nd Cir. 6-21-2012)
No. 11-5328-cv.
June 21, 2012.
Plaintiff Eatoni Ergonomics, Inc. ("Eatoni") appeals from (1) the confirmation of a June 8, 2010 arbitration award for defendants Research in Motion Corp. and Research in Motion Ltd. (collectively, "RIM") on Eatoni's claims that RIM breached its obligations under an agreement settling litigation in the United States District Court for the Northern District of Texas relating to RIM's alleged infringement of Eatoni's patent for "reduced QWERTY" keyboard technology for cellular telephones; and (2) the ...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
BGC PARTNERS, INC. v. REFCO SECURITIES, LLC, 6624 (1st Dept 6-21-2012)
6624, 6625
Decided on June 21, 2012
Pursuant to the parties' "Master Software License, Maintenance and Service Agreement," defendant had the right to the use of certain software and equipment and to maintenance and support services, in exchange for the payment to plaintiff of an annual licensing fee and a monthly maintenance fee (the Fixed Fees). Defendant also agreed to share with plaintiff portions of any commissions it received as a result of trading activity by its clients. The Fixed Fees were required to be paid through the six-year ... Approximately four years into the term of the agreement, defendant ceased doing business, and ceased paying the Fixed Fees. Plaintiff negotiated new commission contracts, which did not include payment of the Fixed Fees, with former clients of defendant. After plaintiff...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"directors" and "officers" - "directors" and "officers"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"directors" and "officers" - "directors" and "officers"
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
"securities and exchange commission" - "securities and exchange commission"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EVANS v. YONKERS CONTRACTING COMPANY, INC., 107866/09 (6-14-2012)
107866/09
June 14, 2012
On or about June 6, 2007, plaintiff was working at the worksite and was given the responsibility of assisting in the direction of a crane, transporting materials around the worksite, carrying steel rebar and preparing areas and material for the crane that was at the worksite. Plaintiff alleges that immediately before his accident, he was assisting his co-worker, Dennis Moore, in transporting a steel rebar piece. Mr. Moore was unable to reach the rebar piece as he was 10-20 feet away. Mr. Moore then ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
DEFRANCESCO v. METRO-NORTH RAILROAD, 113453/2009 (6-18-2012)
113453/2009
June 18, 2012
Plaintiff became employed by defendant Metro-North Railroad ("Metro-North") as an assistant conductor on June 28, 1999 and worked In that capacity until she was terminated from employment on November 16, 2009. Until 2008, Metro-North had a manual ticket punching system. In mid-2008, Metro-North implemented a pilot program using an electronic "Ticket Issuing Machine" ("TIM"). A TIM is 6 to 8 inches long and is worn in a holster directly on the body. It transmits a signal to Metro-North's accounting ... Plaintiff was provided with a TIM in August 2008 but she refused to use it because she was planning on getting pregnant and was concerned about the device's safety. By the end of 2008, however, the pilot program became an established, formalized system-wide policy and in its On-Board Revenue Notice...
"securities and exchange commission" - "securities and exchange commission"
TSC INDUSTRIES, INC. v. NORTHWAY, INC., 426 U.S. 438 (U.S. 6-14-1976)
No. 74-1471
Argued March 3, 1976, Decided June 14, 1976 OCTOBER TERM, 1975
Rule 14a-9, promulgated under § 14 (a) of the Securities Exchange Act of 1934, provides that no proxy solicitation shall be made "which . . . is false or misleading with respect to any material fact, or which omits to state any material fact necessary in order to make the statements therein not false or misleading." The dispute in this case centers on the acquisition of petitioner TSC Industries (TSC) by petitioner National Industries (National). National purchased 34% of TSC's voting securities from ...
"directors" and "officers" - "directors" and "officers"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012)
No. 10-3005-cv
Decided: June 25, 2012
Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
STATE v. SHINNECOCK INDIAN NATION, 08-1194-cv (2nd Cir. 6-25-2012)
Nos. 08-1194-cv(L), 08-1195-cv(CON)
Decided: June 25, 2012
The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a Page 3 judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State and the Town of Southampton. The Shinnecock object to a number of the ...
"directors" and "officers" - "directors" and "officers"
OXBOW CALCINING USA INC. v. AMERICAN INDUSTRIAL PARTNERS, 6031 (1st Dept 6-26-2012)
6031, 6032
Decided on June 26, 2012
Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 3, 2011, which denied defendants' motion to the extent that it sought to compel arbitration and dismiss the fraud and fraudulent concealment causes of action or, in the alternative, to stay the action pending a simultaneously commenced Texas arbitration, and which granted the motion to dismiss with respect to the breach of fiduciary duty causes of action, unanimously modified, on the law, to the extent of reinstating ... The calcining process emits large amounts of waste heat, which can be converted to steam. Adjacent to the calcining plant is a steam plant that Dynergy Power Corp. (Dynergy) owned and operated until sometime in 2000. Pursuant to an agreement between GLC and Dynergy, waste...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"directors" and "officers" - "directors" and "officers"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
SOUTHERN UNION COMPANY v. U.S., 11-94 (U.S. 6-21-2012)
No. 11-94
Argued March 19, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
As I have said, the dissenters thought that the Sixth Amendment did not require a jury to find any of these sentencing facts. Why, asked the dissenters, should Congress' or a State's desire for greater sentencing uniformity achieved through statutes seeking more uniform treatment (of similar offenders committing similar offenses in similar ways) suddenly produce new Sixth Amendment jury trial requirements? Those requirements would work against greater sentencing fairness. To treat all sentencing facts (where so specified in a statute or rule) as if they were elements of the offense could lead Congress simply to set high maximum ranges for each crime, thereby avoiding Apprendi's jury trial requirement. Alternatively, Congress might enact statutes that more...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EATONI ERGONOMICS v. RESEARCH IN MOTION CORP., 11-5328-cv (2nd Cir. 6-21-2012)
No. 11-5328-cv.
June 21, 2012.
Plaintiff Eatoni Ergonomics, Inc. ("Eatoni") appeals from (1) the confirmation of a June 8, 2010 arbitration award for defendants Research in Motion Corp. and Research in Motion Ltd. (collectively, "RIM") on Eatoni's claims that RIM breached its obligations under an agreement settling litigation in the United States District Court for the Northern District of Texas relating to RIM's alleged infringement of Eatoni's patent for "reduced QWERTY" keyboard technology for cellular telephones; and (2) the ...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
BGC PARTNERS, INC. v. REFCO SECURITIES, LLC, 6624 (1st Dept 6-21-2012)
6624, 6625
Decided on June 21, 2012
Pursuant to the parties' "Master Software License, Maintenance and Service Agreement," defendant had the right to the use of certain software and equipment and to maintenance and support services, in exchange for the payment to plaintiff of an annual licensing fee and a monthly maintenance fee (the Fixed Fees). Defendant also agreed to share with plaintiff portions of any commissions it received as a result of trading activity by its clients. The Fixed Fees were required to be paid through the six-year ... Approximately four years into the term of the agreement, defendant ceased doing business, and ceased paying the Fixed Fees. Plaintiff negotiated new commission contracts, which did not include payment of the Fixed Fees, with former clients of defendant. After plaintiff...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"directors" and "officers" - "directors" and "officers"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"directors" and "officers" - "directors" and "officers"
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
"securities and exchange commission" - "securities and exchange commission"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EVANS v. YONKERS CONTRACTING COMPANY, INC., 107866/09 (6-14-2012)
107866/09
June 14, 2012
On or about June 6, 2007, plaintiff was working at the worksite and was given the responsibility of assisting in the direction of a crane, transporting materials around the worksite, carrying steel rebar and preparing areas and material for the crane that was at the worksite. Plaintiff alleges that immediately before his accident, he was assisting his co-worker, Dennis Moore, in transporting a steel rebar piece. Mr. Moore was unable to reach the rebar piece as he was 10-20 feet away. Mr. Moore then ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
DEFRANCESCO v. METRO-NORTH RAILROAD, 113453/2009 (6-18-2012)
113453/2009
June 18, 2012
Plaintiff became employed by defendant Metro-North Railroad ("Metro-North") as an assistant conductor on June 28, 1999 and worked In that capacity until she was terminated from employment on November 16, 2009. Until 2008, Metro-North had a manual ticket punching system. In mid-2008, Metro-North implemented a pilot program using an electronic "Ticket Issuing Machine" ("TIM"). A TIM is 6 to 8 inches long and is worn in a holster directly on the body. It transmits a signal to Metro-North's accounting ... Plaintiff was provided with a TIM in August 2008 but she refused to use it because she was planning on getting pregnant and was concerned about the device's safety. By the end of 2008, however, the pilot program became an established, formalized system-wide policy and in its On-Board Revenue Notice...
"securities and exchange commission" - "securities and exchange commission"
TSC INDUSTRIES, INC. v. NORTHWAY, INC., 426 U.S. 438 (U.S. 6-14-1976)
No. 74-1471
Argued March 3, 1976, Decided June 14, 1976 OCTOBER TERM, 1975
Rule 14a-9, promulgated under § 14 (a) of the Securities Exchange Act of 1934, provides that no proxy solicitation shall be made "which . . . is false or misleading with respect to any material fact, or which omits to state any material fact necessary in order to make the statements therein not false or misleading." The dispute in this case centers on the acquisition of petitioner TSC Industries (TSC) by petitioner National Industries (National). National purchased 34% of TSC's voting securities from ...
"directors" and "officers" - "directors" and "officers"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012)
No. 10-3005-cv
Decided: June 25, 2012
Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
STATE v. SHINNECOCK INDIAN NATION, 08-1194-cv (2nd Cir. 6-25-2012)
Nos. 08-1194-cv(L), 08-1195-cv(CON)
Decided: June 25, 2012
The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a Page 3 judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State and the Town of Southampton. The Shinnecock object to a number of the ...
"directors" and "officers" - "directors" and "officers"
OXBOW CALCINING USA INC. v. AMERICAN INDUSTRIAL PARTNERS, 6031 (1st Dept 6-26-2012)
6031, 6032
Decided on June 26, 2012
Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 3, 2011, which denied defendants' motion to the extent that it sought to compel arbitration and dismiss the fraud and fraudulent concealment causes of action or, in the alternative, to stay the action pending a simultaneously commenced Texas arbitration, and which granted the motion to dismiss with respect to the breach of fiduciary duty causes of action, unanimously modified, on the law, to the extent of reinstating ... The calcining process emits large amounts of waste heat, which can be converted to steam. Adjacent to the calcining plant is a steam plant that Dynergy Power Corp. (Dynergy) owned and operated until sometime in 2000. Pursuant to an agreement between GLC and Dynergy, waste...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"directors" and "officers" - "directors" and "officers"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
SOUTHERN UNION COMPANY v. U.S., 11-94 (U.S. 6-21-2012)
No. 11-94
Argued March 19, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
As I have said, the dissenters thought that the Sixth Amendment did not require a jury to find any of these sentencing facts. Why, asked the dissenters, should Congress' or a State's desire for greater sentencing uniformity achieved through statutes seeking more uniform treatment (of similar offenders committing similar offenses in similar ways) suddenly produce new Sixth Amendment jury trial requirements? Those requirements would work against greater sentencing fairness. To treat all sentencing facts (where so specified in a statute or rule) as if they were elements of the offense could lead Congress simply to set high maximum ranges for each crime, thereby avoiding Apprendi's jury trial requirement. Alternatively, Congress might enact statutes that more...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EATONI ERGONOMICS v. RESEARCH IN MOTION CORP., 11-5328-cv (2nd Cir. 6-21-2012)
No. 11-5328-cv.
June 21, 2012.
Plaintiff Eatoni Ergonomics, Inc. ("Eatoni") appeals from (1) the confirmation of a June 8, 2010 arbitration award for defendants Research in Motion Corp. and Research in Motion Ltd. (collectively, "RIM") on Eatoni's claims that RIM breached its obligations under an agreement settling litigation in the United States District Court for the Northern District of Texas relating to RIM's alleged infringement of Eatoni's patent for "reduced QWERTY" keyboard technology for cellular telephones; and (2) the ...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
BGC PARTNERS, INC. v. REFCO SECURITIES, LLC, 6624 (1st Dept 6-21-2012)
6624, 6625
Decided on June 21, 2012
Pursuant to the parties' "Master Software License, Maintenance and Service Agreement," defendant had the right to the use of certain software and equipment and to maintenance and support services, in exchange for the payment to plaintiff of an annual licensing fee and a monthly maintenance fee (the Fixed Fees). Defendant also agreed to share with plaintiff portions of any commissions it received as a result of trading activity by its clients. The Fixed Fees were required to be paid through the six-year ... Approximately four years into the term of the agreement, defendant ceased doing business, and ceased paying the Fixed Fees. Plaintiff negotiated new commission contracts, which did not include payment of the Fixed Fees, with former clients of defendant. After plaintiff...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"directors" and "officers" - "directors" and "officers"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"directors" and "officers" - "directors" and "officers"
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
"securities and exchange commission" - "securities and exchange commission"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EVANS v. YONKERS CONTRACTING COMPANY, INC., 107866/09 (6-14-2012)
107866/09
June 14, 2012
On or about June 6, 2007, plaintiff was working at the worksite and was given the responsibility of assisting in the direction of a crane, transporting materials around the worksite, carrying steel rebar and preparing areas and material for the crane that was at the worksite. Plaintiff alleges that immediately before his accident, he was assisting his co-worker, Dennis Moore, in transporting a steel rebar piece. Mr. Moore was unable to reach the rebar piece as he was 10-20 feet away. Mr. Moore then ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
DEFRANCESCO v. METRO-NORTH RAILROAD, 113453/2009 (6-18-2012)
113453/2009
June 18, 2012
Plaintiff became employed by defendant Metro-North Railroad ("Metro-North") as an assistant conductor on June 28, 1999 and worked In that capacity until she was terminated from employment on November 16, 2009. Until 2008, Metro-North had a manual ticket punching system. In mid-2008, Metro-North implemented a pilot program using an electronic "Ticket Issuing Machine" ("TIM"). A TIM is 6 to 8 inches long and is worn in a holster directly on the body. It transmits a signal to Metro-North's accounting ... Plaintiff was provided with a TIM in August 2008 but she refused to use it because she was planning on getting pregnant and was concerned about the device's safety. By the end of 2008, however, the pilot program became an established, formalized system-wide policy and in its On-Board Revenue Notice...
"securities and exchange commission" - "securities and exchange commission"
TSC INDUSTRIES, INC. v. NORTHWAY, INC., 426 U.S. 438 (U.S. 6-14-1976)
No. 74-1471
Argued March 3, 1976, Decided June 14, 1976 OCTOBER TERM, 1975
Rule 14a-9, promulgated under § 14 (a) of the Securities Exchange Act of 1934, provides that no proxy solicitation shall be made "which . . . is false or misleading with respect to any material fact, or which omits to state any material fact necessary in order to make the statements therein not false or misleading." The dispute in this case centers on the acquisition of petitioner TSC Industries (TSC) by petitioner National Industries (National). National purchased 34% of TSC's voting securities from ...
"directors" and "officers" - "directors" and "officers"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012)
No. 10-3005-cv
Decided: June 25, 2012
Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
STATE v. SHINNECOCK INDIAN NATION, 08-1194-cv (2nd Cir. 6-25-2012)
Nos. 08-1194-cv(L), 08-1195-cv(CON)
Decided: June 25, 2012
The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a Page 3 judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State and the Town of Southampton. The Shinnecock object to a number of the ...
"directors" and "officers" - "directors" and "officers"
OXBOW CALCINING USA INC. v. AMERICAN INDUSTRIAL PARTNERS, 6031 (1st Dept 6-26-2012)
6031, 6032
Decided on June 26, 2012
Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 3, 2011, which denied defendants' motion to the extent that it sought to compel arbitration and dismiss the fraud and fraudulent concealment causes of action or, in the alternative, to stay the action pending a simultaneously commenced Texas arbitration, and which granted the motion to dismiss with respect to the breach of fiduciary duty causes of action, unanimously modified, on the law, to the extent of reinstating ... The calcining process emits large amounts of waste heat, which can be converted to steam. Adjacent to the calcining plant is a steam plant that Dynergy Power Corp. (Dynergy) owned and operated until sometime in 2000. Pursuant to an agreement between GLC and Dynergy, waste...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"directors" and "officers" - "directors" and "officers"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
SOUTHERN UNION COMPANY v. U.S., 11-94 (U.S. 6-21-2012)
No. 11-94
Argued March 19, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
As I have said, the dissenters thought that the Sixth Amendment did not require a jury to find any of these sentencing facts. Why, asked the dissenters, should Congress' or a State's desire for greater sentencing uniformity achieved through statutes seeking more uniform treatment (of similar offenders committing similar offenses in similar ways) suddenly produce new Sixth Amendment jury trial requirements? Those requirements would work against greater sentencing fairness. To treat all sentencing facts (where so specified in a statute or rule) as if they were elements of the offense could lead Congress simply to set high maximum ranges for each crime, thereby avoiding Apprendi's jury trial requirement. Alternatively, Congress might enact statutes that more...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EATONI ERGONOMICS v. RESEARCH IN MOTION CORP., 11-5328-cv (2nd Cir. 6-21-2012)
No. 11-5328-cv.
June 21, 2012.
Plaintiff Eatoni Ergonomics, Inc. ("Eatoni") appeals from (1) the confirmation of a June 8, 2010 arbitration award for defendants Research in Motion Corp. and Research in Motion Ltd. (collectively, "RIM") on Eatoni's claims that RIM breached its obligations under an agreement settling litigation in the United States District Court for the Northern District of Texas relating to RIM's alleged infringement of Eatoni's patent for "reduced QWERTY" keyboard technology for cellular telephones; and (2) the ...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
BGC PARTNERS, INC. v. REFCO SECURITIES, LLC, 6624 (1st Dept 6-21-2012)
6624, 6625
Decided on June 21, 2012
Pursuant to the parties' "Master Software License, Maintenance and Service Agreement," defendant had the right to the use of certain software and equipment and to maintenance and support services, in exchange for the payment to plaintiff of an annual licensing fee and a monthly maintenance fee (the Fixed Fees). Defendant also agreed to share with plaintiff portions of any commissions it received as a result of trading activity by its clients. The Fixed Fees were required to be paid through the six-year ... Approximately four years into the term of the agreement, defendant ceased doing business, and ceased paying the Fixed Fees. Plaintiff negotiated new commission contracts, which did not include payment of the Fixed Fees, with former clients of defendant. After plaintiff...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"directors" and "officers" - "directors" and "officers"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"directors" and "officers" - "directors" and "officers"
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
"securities and exchange commission" - "securities and exchange commission"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EVANS v. YONKERS CONTRACTING COMPANY, INC., 107866/09 (6-14-2012)
107866/09
June 14, 2012
On or about June 6, 2007, plaintiff was working at the worksite and was given the responsibility of assisting in the direction of a crane, transporting materials around the worksite, carrying steel rebar and preparing areas and material for the crane that was at the worksite. Plaintiff alleges that immediately before his accident, he was assisting his co-worker, Dennis Moore, in transporting a steel rebar piece. Mr. Moore was unable to reach the rebar piece as he was 10-20 feet away. Mr. Moore then ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
DEFRANCESCO v. METRO-NORTH RAILROAD, 113453/2009 (6-18-2012)
113453/2009
June 18, 2012
Plaintiff became employed by defendant Metro-North Railroad ("Metro-North") as an assistant conductor on June 28, 1999 and worked In that capacity until she was terminated from employment on November 16, 2009. Until 2008, Metro-North had a manual ticket punching system. In mid-2008, Metro-North implemented a pilot program using an electronic "Ticket Issuing Machine" ("TIM"). A TIM is 6 to 8 inches long and is worn in a holster directly on the body. It transmits a signal to Metro-North's accounting ... Plaintiff was provided with a TIM in August 2008 but she refused to use it because she was planning on getting pregnant and was concerned about the device's safety. By the end of 2008, however, the pilot program became an established, formalized system-wide policy and in its On-Board Revenue Notice...
"securities and exchange commission" - "securities and exchange commission"
TSC INDUSTRIES, INC. v. NORTHWAY, INC., 426 U.S. 438 (U.S. 6-14-1976)
No. 74-1471
Argued March 3, 1976, Decided June 14, 1976 OCTOBER TERM, 1975
Rule 14a-9, promulgated under § 14 (a) of the Securities Exchange Act of 1934, provides that no proxy solicitation shall be made "which . . . is false or misleading with respect to any material fact, or which omits to state any material fact necessary in order to make the statements therein not false or misleading." The dispute in this case centers on the acquisition of petitioner TSC Industries (TSC) by petitioner National Industries (National). National purchased 34% of TSC's voting securities from ...
"directors" and "officers" - "directors" and "officers"
ARIZONA v. U.S., 11-182 (U.S. 6-25-2012)
No. 11-182
Argued April 25, 2012, Decided June 25, 2012 OCTOBER TERM, 2011
In any event, it is hard to see how state and local officers could proceed in conformity with the Federal Government's enforcement priorities without making an inquiry into a suspected alien's immigration status. For example, one of the Federal Government's highest priorities is the apprehension and removal of aliens who have failed to comply with a final order of removal. See App. 108. How can an officer identify those persons without first inquiring about their status? The United States' attack on § 2(B) is quite remarkable. The United States suggests that a state law may be preempted, not because it conflicts with a federal statute or regulation, but because it is inconsistent with a federal agency's current enforcement priorities. Those priorities, however, are not ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012)
No. 10-3005-cv
Decided: June 25, 2012
Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
STATE v. SHINNECOCK INDIAN NATION, 08-1194-cv (2nd Cir. 6-25-2012)
Nos. 08-1194-cv(L), 08-1195-cv(CON)
Decided: June 25, 2012
The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a Page 3 judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State and the Town of Southampton. The Shinnecock object to a number of the ...
"directors" and "officers" - "directors" and "officers"
OXBOW CALCINING USA INC. v. AMERICAN INDUSTRIAL PARTNERS, 6031 (1st Dept 6-26-2012)
6031, 6032
Decided on June 26, 2012
Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 3, 2011, which denied defendants' motion to the extent that it sought to compel arbitration and dismiss the fraud and fraudulent concealment causes of action or, in the alternative, to stay the action pending a simultaneously commenced Texas arbitration, and which granted the motion to dismiss with respect to the breach of fiduciary duty causes of action, unanimously modified, on the law, to the extent of reinstating ... The calcining process emits large amounts of waste heat, which can be converted to steam. Adjacent to the calcining plant is a steam plant that Dynergy Power Corp. (Dynergy) owned and operated until sometime in 2000. Pursuant to an agreement between GLC and Dynergy, waste...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"directors" and "officers" - "directors" and "officers"
BRIDGE STREET HOMEOWNERS ASSOCIATION v. BRICK CONDOMINIUM DEVELOPERS, 26507/06 (1-23-2007)
26507/06
January 23, 2007
Upon the foregoing papers in this action by Bridge Street Homeowners Association (BSHA) and 37 individual residential unit owners of the Bridge No. 50 Condominium (Bridge Street Condominium) (collectively, plaintiffs) alleging 11 causes of action, 223 Water Street, LLC and Joshua Guttman a/k/a Joshua Gutman (Guttman) cross-move for an order: (1) pursuant to CPLR 3211 (a) (1), (3), and (7), and General Business Law § 352-e (1) (b), dismissing plaintiffs' complaint as against them, and (2) correcting ... -FACTS- In September 2003, 223 Water Street, LLC, the owner of a building located at 50 Bridge Street, in Brooklyn, New York, entered into a contract with Brick, pursuant to which Brick purchased the fourth, fifth, sixth, and penthouse floors of the building for...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
SOUTHERN UNION COMPANY v. U.S., 11-94 (U.S. 6-21-2012)
No. 11-94
Argued March 19, 2012, Decided June 21, 2012 OCTOBER TERM, 2011
As I have said, the dissenters thought that the Sixth Amendment did not require a jury to find any of these sentencing facts. Why, asked the dissenters, should Congress' or a State's desire for greater sentencing uniformity achieved through statutes seeking more uniform treatment (of similar offenders committing similar offenses in similar ways) suddenly produce new Sixth Amendment jury trial requirements? Those requirements would work against greater sentencing fairness. To treat all sentencing facts (where so specified in a statute or rule) as if they were elements of the offense could lead Congress simply to set high maximum ranges for each crime, thereby avoiding Apprendi's jury trial requirement. Alternatively, Congress might enact statutes that more...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
FEDERAL COMMUNICATIONS COMMISSION v. FOX TELEVISION STATIONS, 10-1293 (U.S. 6-21-2012)
No. 10-1293
Argued January 10, 2012, Decided June 21, 2012[fn*] OCTOBER TERM, 2011
Title 18 U. S. C. § 1464 bans the broadcast of "any obscene, indecent, or profane language." The Federal Communications Commission (Commission) began enforcing § 1464 in the 1970's. In FCC v. Pacifica Foundation, 438 U. S. 726, this Court found that the Commission's order banning George Carlin's "Filthy Words" monologue passed First Amendment scrutiny, but did not decide whether "an occasional expletive . . . would justify any sanction," id., at 750. In the ensuing years, the Commission went from ... B It was against this regulatory background that the three incidents of alleged indecency at issue here took place. First, in the 2002 Billboard Music Awards, broadcast by respondent Fox Television Stations, Inc., the...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EATONI ERGONOMICS v. RESEARCH IN MOTION CORP., 11-5328-cv (2nd Cir. 6-21-2012)
No. 11-5328-cv.
June 21, 2012.
Plaintiff Eatoni Ergonomics, Inc. ("Eatoni") appeals from (1) the confirmation of a June 8, 2010 arbitration award for defendants Research in Motion Corp. and Research in Motion Ltd. (collectively, "RIM") on Eatoni's claims that RIM breached its obligations under an agreement settling litigation in the United States District Court for the Northern District of Texas relating to RIM's alleged infringement of Eatoni's patent for "reduced QWERTY" keyboard technology for cellular telephones; and (2) the ...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
BGC PARTNERS, INC. v. REFCO SECURITIES, LLC, 6624 (1st Dept 6-21-2012)
6624, 6625
Decided on June 21, 2012
Pursuant to the parties' "Master Software License, Maintenance and Service Agreement," defendant had the right to the use of certain software and equipment and to maintenance and support services, in exchange for the payment to plaintiff of an annual licensing fee and a monthly maintenance fee (the Fixed Fees). Defendant also agreed to share with plaintiff portions of any commissions it received as a result of trading activity by its clients. The Fixed Fees were required to be paid through the six-year ... Approximately four years into the term of the agreement, defendant ceased doing business, and ceased paying the Fixed Fees. Plaintiff negotiated new commission contracts, which did not include payment of the Fixed Fees, with former clients of defendant. After plaintiff...
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"business corporation law" or "limited liability company law" - "business corporation law" or "limited liability company law"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"directors" and "officers" - "directors" and "officers"
WHITE v. FEE, 57828/11 (6-7-2012)
57828/11
Decided on June 7, 2012
Defendants Frank J. Fee, III ("Frank"), Kevin Fee ("Kevin") and Michael Fee ("Michael") and Frank in his role as Trustee of the Marital Deduction Trust and Residuary Trust (the "Fee Defendants") move pursuant to CPLR 3211(a)(7) and CPLR 3016(b) to dismiss the Verified Complaint ("Complaint") or, alternatively, to dismiss based on a prior action pending pursuant to CPLR 3211(a)(4) (Motion Seq. No.2). Defendant The Reliable Automatic Sprinkler Co., Inc. ("Reliable") joins in the Fee Defendants' motion (... With regard to Defendants' egregious conduct, Plaintiffs pose the rhetorical question ? "How much more egregious does it get then manipulating a dividend policy by eliminating it under the guise of hiring' your mother, then eliminating dividends to her and entirely to all other non-voting shareholders?"
"directors" and "officers" - "directors" and "officers"
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
"securities and exchange commission" - "securities and exchange commission"
KAHN v. RAN, 601288-11 (6-12-2012)
No. 601288-11
June 12, 2012
This matter is before the court on the motion filed by Defendants Assaf Ran, Mark Alhadeff, Phillip Michaels,[fn1] Michael Jackson, Eran Goldshmid, Lyron Bentovim and Manhattan Page 2 Bridge Capital, Inc. ("Defendants") on January 31, 2012 and submitted on May 4, 2012, following oral argument before the Court. For the reasons set forth below, the Court determines that the Complaint does not allege with adequate particularity the futility of a demand on the Board of Directors, but the Court will permit ... The Complaint alleges that on August 9, 2010, MBC filed a Schedule 14A with the Securities and Exchange Commission ("SEC") disclosing Defendants' authorization and recommendation to grant 1,000,000 restricted shares of MBC common stock to Defendant Assaf Ran ("Ran"), MBC's President and Chief Executive Officer ("CEO"),...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
EVANS v. YONKERS CONTRACTING COMPANY, INC., 107866/09 (6-14-2012)
107866/09
June 14, 2012
On or about June 6, 2007, plaintiff was working at the worksite and was given the responsibility of assisting in the direction of a crane, transporting materials around the worksite, carrying steel rebar and preparing areas and material for the crane that was at the worksite. Plaintiff alleges that immediately before his accident, he was assisting his co-worker, Dennis Moore, in transporting a steel rebar piece. Mr. Moore was unable to reach the rebar piece as he was 10-20 feet away. Mr. Moore then ...
"antitrust" or "patent" or "OSHA" or "EEOC" - "antitrust" or "patent" or "OSHA" or "EEOC"
DEFRANCESCO v. METRO-NORTH RAILROAD, 113453/2009 (6-18-2012)
113453/2009
June 18, 2012
Plaintiff became employed by defendant Metro-North Railroad ("Metro-North") as an assistant conductor on June 28, 1999 and worked In that capacity until she was terminated from employment on November 16, 2009. Until 2008, Metro-North had a manual ticket punching system. In mid-2008, Metro-North implemented a pilot program using an electronic "Ticket Issuing Machine" ("TIM"). A TIM is 6 to 8 inches long and is worn in a holster directly on the body. It transmits a signal to Metro-North's accounting ... Plaintiff was provided with a TIM in August 2008 but she refused to use it because she was planning on getting pregnant and was concerned about the device's safety. By the end of 2008, however, the pilot program became an established, formalized system-wide policy and in its On-Board Revenue Notice...
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