46 Cited authorities

  1. Lingle v. Norge Division of Magic Chef, Inc.

    486 U.S. 399 (1988)   Cited 1,888 times   3 Legal Analyses
    Holding that a retaliatory discharge claim was not preempted because the elements of the state tort did not necessitate interpretation of a labor contract
  2. Geron ex rel. Estate of Thelen LLP v. Seyfarth Shaw LLP (In re Thelen LLP)

    736 F.3d 213 (2d Cir. 2013)   Cited 192 times
    Holding that partnership's status as a registered California entity did not alter conclusion that New York law should apply to fraudulent transfer claims
  3. Niesig v. Team I

    76 N.Y.2d 363 (N.Y. 1990)   Cited 165 times
    Finding a prohibition againstex parte employee interviews unnecessary to protect the corporation's interests, including its interest in protecting privileged communications
  4. Santalucia v. Sebright Transp., Inc.

    232 F.3d 293 (2d Cir. 2000)   Cited 82 times
    Finding waiver when adjudicating fee dispute after the settlement of an underlying suit
  5. New York v. O'Neill

    359 U.S. 1 (1959)   Cited 87 times
    Finding that Florida courts had immediate personal jurisdiction over a nonresident by virtue of his presence within the state
  6. Greenspan v. Orrick, Herrington & Sutcliffe LLP (In re Brobeck, Phleger & Harrison LLP)

    408 B.R. 318 (Bankr. N.D. Cal. 2009)   Cited 55 times
    Holding that debtor law firm's waiver of potential profits from unfinished legal work constituted a transfer of the law firm's property within meaning of fraudulent transfer statutes
  7. Beckman v. Farmer

    579 A.2d 618 (D.C. 1990)   Cited 68 times
    Holding that “pending contingent fee cases are partnership property and, therefore, assets subject to distribution on dissolution”
  8. Jewel v. Boxer

    156 Cal.App.3d 171 (Cal. Ct. App. 1984)   Cited 74 times   4 Legal Analyses
    Holding income generated through the winding up of unfinished cases is allocated to the former partners and the right of the client to select an attorney of one's choice is irrelevant to the rights and duties between the parties
  9. Ueland v. U.S.

    291 F.3d 993 (7th Cir. 2002)   Cited 34 times
    Holding that judge should have admitted at trial a "deposition[] taken by the United States in a separate lawsuit" because the deponent was incarcerated more than 100 miles from the place of trial and thus fit into the exception for use of depositions now found in Rule 32(B)
  10. Rosenfeld, Meyer Susman v. Cohen

    146 Cal.App.3d 200 (Cal. Ct. App. 1983)   Cited 63 times

    Docket No. 62372. August 18, 1983. Appeal from Superior Court of Los Angeles County, No. C140450, Campbell M. Lucas and Alexander R. Early III, Judges. COUNSEL Harney Moore, Rosenfeld, Meyer Susman, Gary A. Schlessinger, Sondra Berchin, Clifford W. Gilbert, Horvitz Greines, Irving H. Greines and Alan G. Martin for Plaintiff and Appellant. Peter R. Cohen, in pro. per., William I. Chertok and Belcher, Henzie, Biegenzahn, Chertok Walker for Defendants and Appellants. OPINION NEBRON, J.[fn*] [fn*] Assigned

  11. Section 40 - Rules determining rights and duties of partners

    N.Y. Partnership Law § 40   Cited 102 times   2 Legal Analyses

    The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules: 1. Each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and except as provided in subdivision (b) of section twenty-six of this chapter, each partner must contribute

  12. Section 43 - Partner accountable as a fiduciary

    N.Y. Partnership Law § 43   Cited 53 times

    1. Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property. 2. This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner. N.Y. Partnership

  13. Section 73 - Rights of retiring or estate of deceased partner when the business is continued

    N.Y. Partnership Law § 73   Cited 44 times

    When any partner retires or dies, and the business is continued under any of the conditions set forth in section seventy-two, subdivisions one, two, three, five and six, or section sixty-nine, paragraph (b) of subdivision two, without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such persons or partnership may have the value of his interest at the date of dissolution

  14. Section 4 - Rules of construction

    N.Y. Partnership Law § 4   Cited 21 times

    1. The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. 2. The law of estoppel shall apply under this chapter. 3. The law of agency shall apply under this chapter. 4. This chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it. 5. This chapter shall not be construed so as to impair the obligations of any contract existing when the chapter goes into

  15. Section 2 - General definitions

    N.Y. Partnership Law § 2   Cited 20 times
    Defining "person" to include "individuals, partnerships, corporations, and other associations"
  16. Section 165 - Commission on uniform state laws; object; membership; term of office; expenses

    N.Y. Exec. Law § 165   Cited 2 times

    The commission on uniform state laws is continued. It shall be the object of the commission to examine various statutes and fields of law and to consult and cooperate with similar commissions in other states with a view to promoting uniform legislation throughout the United States whenever practicable. The commission may recommend such legislation as may accomplish its objective. It shall consist of five members appointed by the governor. The members shall hold office and may be removed at the pleasure

  17. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation