Preliminary injunctions are a powerful tool in the business divorce litigator’s toolbox, and they often involve a race to the courthouse. This week’s post offers a reminder that sometimes, that race is critical; courts will be more inclined to preserve the status quo with a preliminary injunction than to undo action with one.
Continue Reading Too Little, Too Late: Court Sides with Ousted Member, but Denies Preliminary Injunction Undoing Termination
Removal
For Want of a Penny: Business Divorce Case Almost Makes it Into Federal Court
By Peter A. Mahler on
Posted in Federal vs. State Court, LLCs
There are many hurdles to bringing a business divorce case in federal court based on diversity of citizenship. This week’s New York Business Divorce examines one case in which the would-be federal litigant almost – but not quite – made it through the door of a federal courthouse.
Continue Reading For Want of a Penny: Business Divorce Case Almost Makes it Into Federal Court
Federal Court No Mecca for Business Divorce Litigants
By Franklin C. McRoberts on
The barriers to a federal court forum in corporate dissolution cases is high indeed, as the litigants learned in the case examined in this week’s New York Business Divorce.
Continue Reading Federal Court No Mecca for Business Divorce Litigants
The Court’s Equitable Power to Remove and Replace a Limited Partnership’s General Partner
By Peter A. Mahler on
Posted in Expulsion and Removal, Partnerships
Equitable remedy trumps pick-your-partner, is one way to describe the outcome in Garber v. Stevens, decided last month by Justice Eileen Bransten, who granted a motion by limited partners to remove the wrongdoing general partners of a real estate limited partnership and replace them with an LLC wholly owned by the limited partners. Read more about this unusual case in this week’s New York Business Divorce.
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Continue Reading The Court’s Equitable Power to Remove and Replace a Limited Partnership’s General Partner