Appeals, Standing, Limited Liability Company (LLC)

Is There A Contemporaneous Membership Requirement For LLC Inspections?

Allen Matkins on 5/28/2025

The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more

Questions of Fact Exist as to Plaintiff’s Standing to Commence Action Where Form of Company Changed From Corporation to LLC

Freiberger Haber LLP on 9/24/2024

This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation. In prior BLOG articles we have explained that in order to prosecute a lawsuit, the plaintiff must...more

Bending the Rules of Standing: The De Facto Merger Doctrine

Farrell Fritz, P.C. on 2/18/2020

Business Divorce 101: To be entitled to an accounting of a closely-held business, the plaintiff or petitioner must demonstrate the existence of a fiduciary relationship giving rise to a duty to account....more

When Filing Suit in Federal Court, Don’t Forget the Key to the Courtroom Door

Jackson Walker on 7/16/2019

Formalism matters in federal court. One cannot obtain access to the courtroom without presenting the jurisdictional key to the courtroom door. A fundamental principle of subject matter jurisdiction is that parties asserting...more

Top Ten Business Divorce Cases of 2018

Farrell Fritz, P.C. on 12/31/2018

I’m very pleased to present my 11th annual list of this past year’s ten most significant business divorce cases. This year’s list includes four important appellate decisions, including one likely to stand as a landmark...more

Impact of Check-the-Box Conformity on State Tax Appeal Procedures – Who’s the Real Taxpayer Here? - SALT Alert: Alabama Edition

Bradley Arant Boult Cummings LLP on 9/14/2018

In a case of first impression by an Alabama appellate court, the Alabama Court of Civil Appeals recently considered the appeal of the Alabama Department of Revenue (ADOR) of an adverse circuit court ruling involving whether...more

Speak Now? The Ninth Circuit Weighs in on Appellate Standing

Patterson Belknap Webb & Tyler LLP on 6/22/2018

A recent decision from the Ninth Circuit Court of Appeals highlights an existing circuit split regarding appellate standing. Courts in the Fourth and Seventh Circuits have disagreed whether objection and attendance at a...more

Lack of Standing Is Fatal To Challenge

Farrell Fritz, P.C. on 4/23/2018

Standing is a threshold issue in challenges to administrative decisions. Prior blog posts have dealt with standing in cases involving challenges to local land use and zoning decisions. ...more

Second Department Affirms Commercial Division Decisions Leaving Withdrawing LLC Members Without Compensation for Their Membership...

Patterson Belknap Webb & Tyler LLP on 1/8/2018

In Matter of Jacobs v. Cartalemi, No. 2016-05041, 2017 BL 435890 (2d Dep’t Dec. 6, 2017) (“Jacobs I”), a unanimous Appellate Division, Second Department panel affirmed an order by Westchester County Commercial Division...more

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