Appellate Division Review: Fine-Tuning the Law in Business, Family, Government

more+
less-

Originally published in The New York Law Journal, October 19, 2012.

“I wear my reversals like badges of honor,” a trial judge once remarked when discussing his (largely positive) record on appeal. Based on our review of the Appellate Division’s decisions during the third quarter of 2012, New York’s intermediate appellate courts have been generously decorating trial judges. Some highlights of the past quarter in the four departments are noted below.

First Department Derivative Suits -

New York courts have traditionally decided whether shareholders’ claims are “derivative” or “direct” on a case-by-case basis. As a result, the distinction between derivative and direct lawsuits has been factdependent and difficult to pin down. In Yudell v. Gilbert, the First Department resolved that problem by adopting a Delaware test that provides a “clear and simple framework” for determining whether a shareholder’s claim is derivative or direct...

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Procedure Updates, General Business Updates, Family Law Updates, Securities Updates, Tax Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pillsbury Winthrop Shaw Pittman LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »