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Liberally reading the first cause of action, as we must, Wilson alleges several bases on which he claims that defendants owed him a fiduciary duty. One allegation is that OEP and Dantas, who were majority shareholders, officers and directors, owed Mr. Wilson a fiduciary duty in his capacity as a minority shareholder. That proposition is true under New York law: "Because the power to manage the affairs of a corporation is vested in the directors and majority shareholders, they are cast in the fiduciary role of 'guardians of the corporate welfare' (Leibert v Clapp, 13 NY2d 313, 317; see Case v New York Cent.
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As a matter of law, the fact that an agreement between two parties specifies who will be responsible for what payments does not make the recipients of the payments third-party beneficiaries with standing to sue for breaches of the agreed-upon allocation of liability between the two contracting parties. Under Cayman law, "a third party may in his own right enforce a term of the contract if (a) he is expressly identified in the contract by name, as a member of a class or as answering a particular description, which includes a person nominated or otherwise identified pursuant to the terms of the contract but the third party need not be in existence when the contract is entered into; and (b) the contract expressly provides in writing that he may" (Rights of third party to enforce contractual term.
On April 18, 20 MST members presently occupying Espirito Santo farm went to the forest to get firewood and wooden poles to reinforce the tarp shelters that the families are living in. The MSY reported, “The security guards arrived armed and threatened the MST. Rural worker Dialme Ferreira Silva was obliged to lie down on the ground, while the others ran away.
These grassroots policies and practices fly in the face of Dantas’ plans for click here the region. With his financial business in shambles, his pending legal battles, and the country’s agro-industrial boom, expansion of large-scale farming appears as a highly attractive business venture. check here With the expansion of production for bio-fuels and commodity export, lands in Pará stand to be converted from cattle ranching to the more lucrative production of soybeans or sugarcane, pushing the cattle-grazing deeper into the forest.
El sello presidencial retocado con crÃticas a Trump frente al de que el presidente dio un discurso Un escudo presidencial estadounidense fue cambiado y en su lugar se mostró una curiosa versión de que hacÃa referencia a dos motivos por los qual el mandatario ha sido criticado.
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Brazil’s explosive growth in its cattle population has overwhelmingly occurred in the Amazon, and Pará has the here second largest herd in the country.
Defendants website move to dismiss the complaint on the grounds that the alleged oral agreement between Wilson and Dantas, if any, was merely an agreement to agree and was superceded by subsequent written agreements, including the shareholders agreement which contains a specific merger clause and governs the parties' relationship and compensation. Defendants argue that the remaining tort and equitable claims are duplicative of the flawed contract claims. In opposition and in support of his own motion for partial summary judgment as to liability on its joint venture/breach of fiduciary duty claim, Wilson maintains that the recent filing by defendants of a multi-billion dollar lawsuit in the Southern District of New York against Citibank (2017 Opportunity SDNY action) supports his theory of recovery premised upon a fiduciary relationship among the parties.
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This paper investigates the implications of government deficits in an overlapping generations consumption loan model with longterm assets. The only asset in the economy is a real consol issued by the government and serviced by lumpsum taxes on the young. We explore here the time path of short and longterm interest rates following the announcement of a future,transitory budget deficit under two alternative assumptions.
Here, Wilson takes inconsistent positions as to both the enforceability and scope of the written agreements. On the one hand, he does not challenge the applicability or enforceability of the agreements, and seeks contractual remedies.