© Copyright 2012, vLex. All Rights Reserved.
- Language
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
cause of action
9 similar searches for cause of action
More than 10.000 documents for cause of action
-
The controversial doctrine of deepening insolvency permits a bankrupt entity or its representatives or creditors to recover damages from those who misrepresented the entity's financial condition and, thereby, allowed the entity to artificially prolong its existence and during that time accumulate additional debt to the detriment of creditors and other third parties. Some courts recognized the doctrine as more than a means of measuring damages under another theory of liability (e.g., malpractice claim), but treated deepening insolvency as an independent cause of action. The dispute presented in CitX Corp Inc is the product of a dot-com era Ponzi scheme that busted when the Internet stock bubble burst. The CitX Court concluded by addressing the deepening-insolvency claim. In the CitX Cour...
-
Discrimination against transgender individuals in housing is pervasive. Nonetheless, American jurisprudence has not explicitly addressed whether there are legal protections available to transgender individuals who are the targets of housing discrimination. This Note argues that courts should utilize a broad and literal understanding of the Fair Housing Act's prohibition against discrimination on the basis of "sex," thereby recognizing that animus towards an individual's sex and his or her expression thereof, is, by its very terms, discrimination on account of "sex." In so doing, courts will find that transgender housing discrimination constitutes actionable "sex" discrimination within the meaning of the Fair Housing Act.
-
In the past decade, the theory of "deepening insolvency" has generated intense legal and academic debate over its meaning, scope, and contentious existence. At its most basic level, deepening insolvency occurs when a corporation takes on additional debts past the point of insolvency. Federal court recognition of deepening insolvency created widespread fear that courts were dramatically altering state corporate law governing the fiduciary duties owed to a corporation. Whether deepening insolvency constitutes a valid theory of corporate damage or an independent tort depends upon the underlying state law. Despite the recent trend against deepening insolvency, it is likely to continue to appear in bankruptcy proceedings. Several Third Circuit cases recognizing deepening insolvency as a viab...
-
Parker discusses the refusal of the Tennessee Supreme Court to adopt a cause of action for loss of parental consortium in personal injury cases. In Taylor v. Beard, the court held that such a cause of action should be left to the legislature.
