Swish-e home page Search Rutgers Law Library N.J. Court Opinions


Limit search to:
Sort by:
Limit to:
    through    
 Results for ("N.J.S.A. 14a:12-7")   1 to 15 of 72 results. Run time: 0.867 seconds | Search time: 0.860 seconds    
 Page:1 2 3 4 5 Next 15
1 RobertSipko v. Koger, Inc. -- rank: 1000
... did not find that Robert was an oppressed shareholder under N.J.S.A. 14A:12-7(1)(c), however, it did not order a buyout of ... Robert is not an oppressed shareholder within the meaning of N.J.S.A. 14A:12-7(1)(c) remains in effect, other remedies may be available ... dissolution or the forced sale of his interests, pursuant to N.J.S.A. 14A:12-7, as an oppressed minority shareholder (Counts Five and Six), and ... that he was an oppressed shareholder within the meaning of N.J.S.A. 14A:12-7. In addition to compensatory and punitive damages, Robert sought injunctive ... to rule that Robert was an oppressed shareholder, pursuant to N.J.S.A. 14A:12-7(1)(c), and accordingly, did not order the buyout of ... not an oppressed shareholder of Koger within the meaning of N.J.S.A. 14A:12-7(1), and the Appellate Division’s affirmance of that ...
docket: A-102-11
court: NJ Supreme Court
decided: 2013-07-02
status:
citation: 214 N.J. 364 70 A.3d 512
Document Size: 79088
2 RobertSipko v. Koger, Inc. -- rank: 1000
... did not find that Robert was an oppressed shareholder under N.J.S.A. 14A:12-7(1)(c), however, it did not order a buyout of ... Robert is not an oppressed shareholder within the meaning of N.J.S.A. 14A:12-7(1)(c) remains in effect, other remedies may be available ... dissolution or the forced sale of his interests, pursuant to N.J.S.A. 14A:12-7, as an oppressed minority shareholder (Counts Five and Six), and ... that he was an oppressed shareholder within the meaning of N.J.S.A. 14A:12-7. In addition to compensatory and punitive damages, Robert sought injunctive ... to rule that Robert was an oppressed shareholder, pursuant to N.J.S.A. 14A:12-7(1)(c), and accordingly, did not order the buyout of ... not an oppressed shareholder of Koger within the meaning of N.J.S.A. 14A:12-7(1), and the Appellate Division’s affirmance of that ...
docket: A-38-11
court: NJ Supreme Court
decided: 2013-07-02
status:
citation:
Document Size: 78930
3 ROMAN TUTUNIKOV v. MICHAEL MARKOV -- rank: 977
... and alleged in three counts that: 1) defendants had violated N.J.S.A. 14A:12-7; 2) breached fiduciary and contractual obligations to plaintiffs "as managing ... shareholders in their capacities as shareholders, directors, officers, or employees. [ N.J.S.A. 14A:12-7(1)(c).] "If the court finds that the action was maintainable under [ N.J.S.A. ]14A:12-7(1)(c), the court in its discretion may award to ... counsel and of any experts, including accountants, employed by them." N.J.S.A. 14A:12-7(8)(d). Additionally, "[i]f the court determines that any ... N.J. 502 (2008), we expressly rejected a claim that N.J.S.A. 14A:12-7(8)(a), the BCA's provision permitting the court to ... interest represented by the treasury shares amounted to oppression under N.J.S.A. 14A:12-7. If it did, then we must consider whether that ...
docket: a1827-10
court: NJ Superior Court Appellate Division
decided: 2013-08-01
status: unpublished
citation:
Document Size: 90297
4 BRENNER V. BERKOWITZ -- rank: 974
... J. This appeal concerns the interpretation of two provisions of N.J.S.A. 14A:12-7. Specifically, we address the rights and remedies of a minority ... within a corporation, as well as powerless to leave. See N.J.S.A. 14A:12-7 (West 1968); Comment on 1972 Amendments. The limited bases for ... fact that the plaintiff had not instituted the action under N.J.S.A. 14A:12-7, but that violation alone most likely would not warrant the ... intervene and provide relief to shareholders. IX. With regard to N.J.S.A. 14A:12-7(1)(c), we hold that (1) the statute is written ... against society's interest in maintaining functioning corporations. Cases involving N.J.S.A. 14A:12-7(1)(c) are very fact sensitive, and thus any hard ... reconsider whether plaintiff should receive attorney's fees pursuant to N.J.S.A. 14A:12-7(c). That provision provides: If the court determines that ...
docket: a-13-93
court: njsupreme
decided: 1993-12-29
status:
citation: 134 N.J. 488
Document Size: 52166
5 /usr/local/share/www/libweb/collections/courts/appellate/a4142-12.opn.html -- rank: 964
... plaintiff Joyce Morocha MacDonald pursuant to the Oppressed Shareholder Statute, N.J.S.A. 14A:12-7. The trial judge initially awarded plaintiff $27,500 rather than ... good faith, she was entitled to $35,809 pursuant to N.J.S.A. 14A:12-7(8)(d) and (10). Alternatively, plaintiff seeks reinstatement of the ... improper conduct. As to RLI, she sought relief pursuant to N.J.S.A. 14A:12-7 as an oppressed minority shareholder. Leonard, Emily and Norman filed ... was not an oppressed shareholder entitled to relief pursuant to N.J.S.A. 14A:12-7. The parties subsequently agreed to sell the property and liquor ... claim for attorney's fees and costs, plaintiff relied on N.J.S.A. 14A:12-7(8)(d), which provides, in pertinent part, that "[i]f the court finds that the action was maintainable under [ N.J.S.A. ] 14A:12-7(1)(c),[ 4 ] the court in its discretion may ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 24533
6 /usr/local/share/www/libweb/collections/courts/appellate/a-74-20.opn.html -- rank: 961
... or another “date deemed equitable by the court.” N.J.S.A. 14A:12-7(8). Whether the corporation’s fair value should be reduced ... to the value of the dissenting shareholders’ stock. In fact, N.J.S.A. 14A:12-7(8) expressly authorizes a court to judicially order a sale ... oppression does not necessarily deprive him of a remedy” because N.J.S.A. 14A:12-7(1)(c) “does not limit the equitable power of ... not meet the standard of an oppressed shareholder pursuant to N.J.S.A. 14A:12-7. Sipko, 214 N.J. at 382. We nevertheless held that ... oppression does not necessarily deprive him of a remedy” because N.J.S.A. 14A:12-7(1)(c) “does not limit the equitable power of ... himself to be an oppressed shareholder, we nevertheless look to N.J.S.A. 14A:12-7(1)(c) and our jurisprudence regarding the formulation of ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 77790
7 /usr/local/share/www/libweb/collections/courts/supreme/a-74-20.opn.html -- rank: 961
... or another “date deemed equitable by the court.” N.J.S.A. 14A:12-7(8). Whether the corporation’s fair value should be reduced ... to the value of the dissenting shareholders’ stock. In fact, N.J.S.A. 14A:12-7(8) expressly authorizes a court to judicially order a sale ... oppression does not necessarily deprive him of a remedy” because N.J.S.A. 14A:12-7(1)(c) “does not limit the equitable power of ... not meet the standard of an oppressed shareholder pursuant to N.J.S.A. 14A:12-7. Sipko, 214 N.J. at 382. We nevertheless held that ... oppression does not necessarily deprive him of a remedy” because N.J.S.A. 14A:12-7(1)(c) “does not limit the equitable power of ... himself to be an oppressed shareholder, we nevertheless look to N.J.S.A. 14A:12-7(1)(c) and our jurisprudence regarding the formulation of ...
docket:
court: New Jersey Supreme Court
decided:
status:
citation:
Document Size: 77683
8 ANNETTE BIVIANO v. ROBERT AVELLA -- rank: 938
... The Estate's complaint sought the Corporations' involuntary dissolution under N.J.S.A. 14A:12-7, automatic dissolution under N.J.S.A. 14A:12-1 ...
docket: a1778-15
court: NJ Superior Court Appellate Division
decided: 2018-05-15
status: unpublished
citation:
Document Size: 82873
9 PATRICIA WISNIEWSKI v. FRANCIS J. WALSH, JR -- rank: 935
... him an oppressed shareholder entitled to the remedies outlined in N.J.S.A. 14A:12-7; Patricia filed a counterclaim, seeking similar relief. These actions were ... in the first proceeding that Norbert never challenged on appeal. N.J.S.A. 14A:12-7(8) authorizes a court, within its sound discretion, to order ... plus or minus any adjustments deemed equitable by the court." N.J.S.A. 14A:12-7(8)(a). That is, the suit's commencement date is ... explicitly permits such a change in the interest of equity. N.J.S.A. 14A:12-7(8)(a). Indeed, in Torres v. Schripps, Inc. , 342 N ... shareholder, at defendants' expense. When a buy-out is ordered, N.J.S.A. 14A:12-7(8)(e) authorizes a court to order payment "by the ... may be awarded, will be paid when due and payable." N.J.S.A. 14A:12-7(8)(f) (emphasis added). Once valuation was determined, the ...
docket: a0825-10
court: NJ Superior Court Appellate Division
decided: 2013-04-02
status: unpublished
citation:
Document Size: 105583
10 PATRICIA WISNIEWSKI v. FRANCIS J. WALSH, JR -- rank: 935
... him an oppressed shareholder entitled to the remedies outlined in N.J.S.A. 14A:12-7; Patricia filed a counterclaim, seeking similar relief. These actions were ... in the first proceeding that Norbert never challenged on appeal. N.J.S.A. 14A:12-7(8) authorizes a court, within its sound discretion, to order ... plus or minus any adjustments deemed equitable by the court." N.J.S.A. 14A:12-7(8)(a). That is, the suit's commencement date is ... explicitly permits such a change in the interest of equity. N.J.S.A. 14A:12-7(8)(a). Indeed, in Torres v. Schripps, Inc. , 342 N ... shareholder, at defendants' expense. When a buy-out is ordered, N.J.S.A. 14A:12-7(8)(e) authorizes a court to order payment "by the ... may be awarded, will be paid when due and payable." N.J.S.A. 14A:12-7(8)(f) (emphasis added). Once valuation was determined, the ...
docket: a826-10
court: NJ Superior Court Appellate Division
decided: 2013-04-02
status: unpublished
citation:
Document Size: 105579
11 /usr/local/share/www/libweb/collections/courts/appellate/a0495-16.opn.html -- rank: 922
... deprive him of a remedy[,]' because the oppressed shareholder statute, N.J.S.A. 14A:12-7(1)(c), 'does not limit the equitable power of the ... our judgment and the Court's decision. 11 Koger cites N.J.S.A. 14A:12-7(1)(c), which provides for the court-ordered sale of ... to Brenner. We disagree. In Brenner, the Court held that N.J.S.A. 14A:12-7 provides remedies for corporate misconduct that does not rise to ... caution[.]' Id. at 510–11. The Court held that while N.J.S.A. 14A:12-7(8) only authorized a voluntary stock buy out, 'in appropriate ... clarified that the prejudgment interest award was not predicated upon N.J.S.A. 14A:12-7(8)(d), which permits, in a voluntary stock buyback, that ... abused its discretion. The chosen valuation date is consistent with N.J.S.A. 14A:12-7(8)(a), governing voluntary court-ordered purchases of stock, ...
docket:
court:
decided:
status:
citation:
Document Size: 88873
12 GARY MATUSOW, D.O v. JAMES IZANEC, M.D -- rank: 919
... 3) award 'all expenses and attorney's fees pursuant to N.J.S.A. 14A:12-7;' and (4) award compensatory and punitive damages. Defendants filed a ... of Dr. Matusow's shares'; (2) claim for relief under N.J.S.A. 14A:12-7, specifically seeking the sale of Matusow's shares 'to the ... to counsel fees on their minority shareholder oppression claim under N.J.S.A. 14A:12-7(10). She requested counsel to submit a certification of services ... The judge noted the application for fees was authorized under N.J.S.A. 14A:12-7(10) but any award was discretionary and the court had ... a claim under the statute. In an action brought under N.J.S.A. 14A:12-7, the claimant must show: In the case of a corporation ... shareholders in their capacities as shareholders, directors, officers, or employees. [N.J.S.A. 14A:12-7(1)(c).] 'In determining whether a particular course of ...
docket: a1796-19
court: NJ Superior Court Appellate Division
decided: 2021-08-05
status: Unpublished
citation:
Document Size: 109993
13 Balsamides v. Protameen Chemicals -- rank: 919
... 1995, Balsamides sought relief as an oppressed minority shareholder under N.J.S.A. 14A:12-7. He filed a verified complaint and order to show cause ... petitioned the court for dissolution of the corporation, pursuant to N.J.S.A. 14A:12-7, the "Oppressed Shareholder Statute." The court ordered Perle to sell ... 1995, Balsamides sought relief as an oppressed minority shareholder under N.J.S.A. 14A:12-7. He filed a Verified Complaint, and Order to Show Cause ... trial court found that Balsamides was an oppressed shareholder under N.J.S.A. 14A:12-7 and was entitled to buy-out Perle's interest in ... affirmed, that Balsamides was an oppressed shareholder, as defined by N.J.S.A. 14A:12-7. That statute provides in pertinent part: (1) The Superior Court ... 11-11 shall be followed insofar as they are applicable. [ N.J.S.A. 14A:12-7 (emphasis added)] 65 N.J. 474, 484 (1974). However, ...
docket: a-27-98
court: njsupreme
decided: 1999-07-14
status:
citation: 160 N.J. 352
Document Size: 74247
14 MUELLENBERG v. BIKON CORPORATION -- rank: 909
... whose rights have been oppressed by the majority. Pursuant to N.J.S.A. 14A:12-7, Burg had proven a triggering event that would authorize a ... were: (1) Had defendant Burg proven a triggering event under N.J.S.A. 14A:12-7 authorizing a buy-out of shares or dissolution, and (2 ... arguing that the Appellate Division incorrectly limited the scope of N.J.S.A. 14A:12-7, improperly invoked a majoritarian principle of corporate governance with respect ... to leave." Brenner , supra , 134 N.J. at 506 (citing N.J.S.A. 14A:12-7 (West 1968) Comment on 1972 Amendments). The first New Jersey ...
docket: a-17-95
court: njsupreme
decided: 1996-01-18
status:
citation: 142 N.J. 448
Document Size: 32689
15 JOHN M. HAMMER v. HAIR SYSTEMS INC. -- rank: 887
... his termination was improperly orchestrated by the majority shareholders. See N.J.S.A. 14A:12-7(1)(c). We include in the discussion defendants' contention that ... the report he prepared for HSI before his employment began. N.J.S.A. 14A:12-7(1)(c) provides that minority shareholders of a corporation with ... of a minority shareholder's employment may constitute oppression under N.J.S.A. 14A:12-7(1)(c), because a person who acquires a minority share ... HSI's directors, after Hammer was hired, constituted oppression under N.J.S.A. 14A:12-7(1)(c), including their use of corporate money to pay ... and costs under the OMS statute's fee-shifting provision. N.J.S.A. 14A:12-7(8)(d) provides that if, as here, the court finds that an action was maintainable under N.J.S.A. 14A:12-7(1)(c), it may award reasonable fees and expenses ...
docket: a1475-14
court: NJ Superior Court Appellate Division
decided: 2017-04-05
status: unpublished
citation:
Document Size: 76150
 Page:1 2 3 4 5 Next 15
Powered by Swish-e swish-e.org

Valid HTML 4.01!