New York Business Corporation Law (BCL) § 623 establishes a procedure for minority shareholders to dissent from certain corporate transactions and obtain a fair value buy-out of their interest in the company. This is typically the dissenting shareholder’s sole and exclusive remedy, but the procedure must be followed precisely. A […]
A defendant seeking to remove a state court case to federal court based on diversity jurisdiction bears the burden of proving two things: 1) diversity of citizenship and 2) an amount in controversy exceeding $75,000. Sometimes the amount in controversy is obvious: The plaintiff’s complaint seeks damages that clearly exceed […]
To function effectively, our litigation system requires cooperation, communication, and good faith among parties and counsel. When those do not occur, the Federal Rules of Civil Procedure give the courts broad discretion to impose sanctions under Rule 37. What sanctions are appropriate when an attorney tries to comply with his […]
Judge Briccetti Grants Plaintiff’s Motion to Dismiss Defendants’ Counterclaims in FLSA Case and Directs that Defendants Show Cause Why Sanctions Should Not be Imposed In Yong Biao Ji v. Aily Foot Relax Station, Inc., No. 19-cv-11881 (VSB), 2021 WL 431146 (S.D.N.Y. Feb. 8, 2021), the plaintiff brought a class and […]
In what began as a tweet and later developed into a law review article, Jack Metzler, a government appellate lawyer, proposed a new parenthetical to avoid the Bluebook’s complexity when quoting “language from an opinion that includes a quotation from another opinion.” Jack Metzler, Cleaning Up Quotations, 18 J. App. […]