Claim derivatives. Medical search. Frequent questions

The derivative plaintiffs have Saxena White. (law.com)
Defendants moved to dismiss, arguing that the claims were derivative and that plaintiffs' standing to prosecute derivative claims was extinguished by the merger. (harvard.edu)
Plaintiffs, each a limited partner in a Delaware limited partnership which invested in a related fund that, in turn, heavily invested in Bernie Madoff's now-infamous Ponzi scheme, asserted numerous direct and derivative claims against the limited partnership, its general partner and numerous current and former officers, directors and managers of the parent entities. (rlf.com)
Applying the Tooley standard, the Court concluded that plaintiffs' breach of fiduciary duty and unjust enrichment claims were derivative, as the harm alleged-the limited partnership's diminution in value following discovery of the Ponzi scheme-was suffered by the limited partnership and not by the limited partners individually. (rlf.com)
Plaintiffs argued that the nature of their claims was altered by their decision to opt out of the Settlement. (rlf.com)
The Court rejected this argument because plaintiffs' breach of fiduciary duty and unjust enrichment claims were derivative in nature at the time of the Settlement and plaintiffs had no right under Delaware or federal law to opt out of a derivative suit. (rlf.com)
Accordingly, plaintiffs' decision to opt out of the Settlement could not serve as a basis to convert their derivative claims into direct causes of action, and their derivative claims were barred by the Settlement under principles of res judicata and release. (rlf.com)
In contrast, plaintiffs' Caremark claims are based on defendants' alleged failure to properly monitor Citigroup's business risk, specifically its exposure to the subprime mortgage market. (wikipedia.org)

Where a plaintiff minority shareholder has alleged that the defendant majority shareholder engaged in self-dealing by spending corporate funds on personal expenses, the defendant's liability, if any, is to the corporation, not to the plaintiff individually, so evidence of alleged misallocation of corporate funds by the defendant to himself does not support the plaintiff's direct claim for damages arising from his alleged breach of fiduciary duty to her. (masslawyersweekly.com)
Wettemann, a minority shareholder in NRI, could have pursued a derivative claim on behalf of NRI alleging that Campbell, the majority shareholder, engaged in self-dealing in violation of his fiduciary duties by spending corporate funds on personal expenses. (masslawyersweekly.com)
A claim that a corporate officer over-distributed to himself through personal expenses belongs to the company, not to a minority shareholder. (masslawyersweekly.com)
In re Citigroup Inc Shareholder Derivative Litigation, 964 A 2d 106 (Del Ch 2009) is a US corporate law case, concerning the standard under Delaware law for the duty of loyalty among directors' duties. (wikipedia.org)
The central inquiry in determining whether a claim is direct or derivative is whether the complained-of injury was an injury to the individual shareholder directly, or to the entity as a whole. (kilegal.com)
2] Further, direct claims are based on legal rights that belong to the individual shareholder. (kilegal.com)
While seemingly straightforward, direct claims are rarer than derivative action because it is often difficult for a shareholder to demonstrate that she has suffered a specific harm as a result of actions by the officers or directors. (kilegal.com)
In comparison to a direct claim, a derivative action belongs to the corporation, not the shareholder. (kilegal.com)
As a representative of the company, derivative actions allow the individual shareholder to bring suit against wrongdoers on behalf of the entity and to force liable parties to compensate the entity for injuries so caused. (kilegal.com)
7] Thus, while the shareholder is the named plaintiff in a derivative action and the corporation is named as a nominal defendant, the corporation is the true plaintiff, and the shareholder as the representative of the plaintiff owes fiduciary duties to the corporation and to the shareholders collectively in conducting the lawsuit. (kilegal.com)
The case was touted as a " world-first " of a shareholder using a derivative action to hold the directors of a listed company to account for allegedly failing to manage climate change risks. (shlegal.com)
that is a claim brought by a shareholder on behalf of a company. (shlegal.com)
The origin of the case was a derivative claim by a Merrill Lynch shareholder before Merrill Lynch was purchased by Bank of America (BofA). (delawarelitigation.com)
W]here a shareholder has lost standing to maintain a standard derivative action by reason of an acquisition of the corporation in a stock-for-stock merger, may that shareholder, in his new capacity as a shareholder of the acquiring corporation, assert the claim double derivatively and, if so, what requirements must the plaintiff satisfy? (delawarelitigation.com)
The Court explained that many Delaware cases uphold the right to a double derivative action as a means for a shareholder to seek a remedy. (delawarelitigation.com)

Shareholders of Citigroup claimed that the directors had breached their duty of care by (1) failing to monitor the bank's risk profile and (2) failing to control risk taking by the bank. (wikipedia.org)
Shareholders, by virtue, own a portion or "share" of the company, and by owning these shares, they hold the power to bring claims against the company. (kilegal.com)
The two main types of claims shareholders can bring against a company are direct claims and derivative claims. (kilegal.com)
Thus, direct claims are more often used by shareholders in small corporations, particularly with minority shareholders who are alleging unfair treatment at the hands of the majority shareholders. (kilegal.com)
As such, derivative actions provide shareholders an opportunity to prevent abuses of power by those in charge of the entity. (kilegal.com)
The plaintiff, a pension fund for a Cleveland union, is represented by Grant & Eisenhofer and claims the board failed to meet its duty to shareholders by selecting Bezos' company, Blue Origin, without properly considering less expensive and more reliable rocket launching companies that could send Project Kuiper satellites into space to provide internet access. (legal-mag.com)
Shareholders bringing derivative claims need to prove they are acting in good faith. (shlegal.com)
Even if shareholders have an honest belief that the claim is in the best interests of the company, the good faith test may not be met if the primary purpose of bringing the claim is to pursue the shareholders' own policy agenda. (shlegal.com)
Derivative claims are often brought by shareholders against directors or against majority shareholders who wrongfully prevent the company from proceeding with the claim itself. (shlegal.com)

In ClientEarth v Shell Plc & Ors (Re Prima Facie Case) [2023] EWHC 1137 (Ch) , the High Court rejected ClientEarth's application for permission to bring a derivative claim against Shell's directors. (shlegal.com)
However, the High Court has now dismissed ClientEarth's claim, following its unsuccessful application for the decision to be reconsidered at an oral hearing ( Clientearth v Shell Plc & Ors [2023] EWHC 1897 (Ch) ). Further, the Court of Appeal has also rejected an appeal by academics seeking permission to bring a derivative claim against the directors of a university pension scheme for its alleged failure to divest from fossil fuels 1 . (shlegal.com)

The defendants then moved to dismiss the derivative claims on the grounds that the plaintiff did not plead demand futility with respect to the purported new board. (morrisjames.com)

It can be calculated in terms of the partial derivatives with respect to the independent variables. (wikipedia.org)

If the bank defendants are correct as to any of them, their resolution by the [2nd U.S. Circuit Court of Appeals] would result in the dismissal of a large number of the remaining claims and would substantially narrow discovery. (law.com)
After the plaintiff filed his direct and derivative claims in April 2021, the defendants - the company and its controller - circulated in June 2021 a written consent purporting to change the composition of the company's board of managers as of January 2021. (morrisjames.com)
The structure of the opinion was to reject defendants arguments about requirements for a double derivative suit (that the Court determined not to exist). (delawarelitigation.com)

Campbell claimed in his deposition that he never saw the UPA until discovery in this litigation. (masslawyersweekly.com)
Ch. Dec. 20, 2012), Vice Chancellor Parsons of the Court of Chancery further clarified Delaware law with respect to the distinction between direct and derivative claims in litigation involving Delaware limited partnerships. (rlf.com)
He repeated the In re Caremark International Inc. Derivative Litigation standard of 'utter failure' establishing a lack of good faith, which was approved further in Stone v. Ritter. (wikipedia.org)
The claim reflects an anticipated trend of litigation brought by NGOs and activist investors, as businesses move toward the goal of net zero. (shlegal.com)

Within two weeks of Judge P. Kevin Castel's 140-page ruling on Bank of America's motion to dismiss a securities class action and derivative cases arising from BofA's 2008 merger with Merrill Lynch, the bank's lawyers at Wachtell and Cleary Gottlieb moved for leave to appeal the decision or, in the alternative, for reconsideration. (law.com)
At the end of August, you'll recall, Manhattan federal District Judge P. Kevin Castel produced a monumental, 140-page ruling on Bank of America's motion to dismiss the securities class action and derivative cases arising from the 2008 Merrill merger. (law.com)

Because it was reasonable to infer that the change was made in anticipation of the plaintiff's derivative claims and to thwart them, and the plaintiff properly pleaded demand futility with respect to the board of which he had notice, the Court allowed those claims to proceed. (morrisjames.com)

Instead, Aaron filed a new Complaint on March 24, 2021, asserting the same claims against Ortega and the Firm both individually and derivatively on behalf of the LLC. (norrismclaughlin.com)

Wettemann thus does not have a direct claim against Campbell, but rather only standing to bring a derivative claim on behalf of the company in which any recovery would flow to NRI, not Wettemann. (masslawyersweekly.com)
At the same time, it appears that the French regulatory authorities intervened on behalf of the French banks SocGen and Calyon by claiming (speciously) to the Fed that those bank directors would face prison time if they accepted anything less than a 100% bailout. (nakedcapitalism.com)
That is, it explained what is necessary when the claim is being pursued on behalf of a subsidiary that is wholly owned by a parent corporation. (delawarelitigation.com)
Aaron's amended complaint, in addition to the claims against Ortega and the Firm, asserted derivative claims against them on behalf of the LLC. (norrismclaughlin.com)

The Central Bank of Ireland has added its weight to calls for the European Union-US Transatlantic Trade and Investment Partnership (TTIP) to tackle the thorny problem of cross-border harmonisation of regulation affecting derivatives. (risk.net)
Legislation by Representative Barney Frank to tighten derivatives regulation contains an exemption that may let most financial firms escape new collateral and disclosure rules, the head of the Commodity Futures Trading Commission said. (economicpopulist.org)

Accordingly, evidence of alleged misallocation of corporate funds by Campbell to himself does not support Wettemann's direct claim for damages arising from his alleged breach of fiduciary duty to her. (masslawyersweekly.com)

In seeking leave to appeal parts of a ruling that permits securities claims arising from BofA's star-crossed merger with Merrill Lynch to proceed, the bank appears to have exasperated the judge overseeing those claims. (law.com)

The derivatives market is enormous - standing at over $500 trillion globally. (harriman-house.com)
As President Barack Obama vowed in a Sept. 14 speech in New York's Federal Hall to correct "reckless behavior and unchecked excess" on Wall Street, Mike McMahon and Barney Frank sat in the audience discussing how to ease proposed rules for the $592 trillion over-the-counter derivatives market. (economicpopulist.org)
But bank credit also drives financial activities, its long-term expansion having driven bond yields down, equities up, and expanding derivative markets to a $700 trillion monster. (kingworldnews.com)

This article empirically investigates how the statutory derivative procedure is being applied de facto in comparison with the equitable procedure. (kent.ac.uk)

The process of finding a derivative is called differentiation . (wikipedia.org)

But the Appellate Division went further and explored two aspects of Aaron's claims that it felt warranted a full judicial assessment: first, the scope of the accountant's liability to third parties, and second, the nature of a derivative suit and the technical requirements necessary to assert one. (norrismclaughlin.com)
The verb claim originally meant "to assert a legal right, to make a demand for something that is one's due. (dictionary.com)

Castel's decision, which kept alive some claims against the bank and certain former BofA and Merrill executives but dismissed others, was so comprehensive that, as The D&O Diary noted at the time , its table of contents alone was five pages long. (law.com)

The large number of complex derivatives used to swindle non-profit organizations and municipalities across America by the likes of Merrill Lynch and JPMorgan Chase shows how criminality and fraud have become an integral part of Wall Street business practice. (wsws.org)

they have first claim on the assets of the trust. (encyclopedia.com)
Underneath the first 4 subheadings (direct investment, portfolio investment, financial derivatives, and other investment) fall assets and liabilities. (abs.gov.au)

5-Aminosalicylic acid derivatives inhibit prostaglandin synthesis and reduce the inflammatory response to tissue injury. (medscape.com)

Thus, any breach by Campbell would be a claim by the company, and any damages - recovery to the company of any company funds improperly distributed by Campbell to himself - is not what Wettemann seeks, which is further loss to the company in the form of a further distribution to her. (masslawyersweekly.com)
Typical derivative suits allege improper actions by those in charge of the entity including, self-dealing, breach of fiduciary duties, unjust enrichment, insider training, false or misleading financial statements, corporate waste, and fraud. (kilegal.com)
Indemnification: Licensee agrees to indemnify and hold WHO harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from your unauthorized use of the Licensed Materials supplied to Licensee by WHO or for your breach of any of the terms of this Agreement. (who.int)

In order to obviate to said drawback, compounds more stable than hyperforin, such as the salts disclosed in WO 99/41220 and the hydroxy-functionalized derivatives (WO 99/64388) cited above, have recently been prepared. (justia.com)
To date, the USPTO has issued seven NoAs for patent applications claiming compounds in the EVM201 and EVM301 Series. (businesswire.com)

A bystander liability claim is a type of civil lawsuit in which a bystander who witnessed an accident has the right to hold a defendant liable for causing his or her injuries. (sweeneymerrigan.com)
The direct claim could be a car accident lawsuit by an injured pedestrian, for example, while the derivative claim is that of the pedestrian's sister who witnessed the accident and suffered emotional distress. (sweeneymerrigan.com)
If the direct claim against the defendant succeeds, however, the bystander could use this as evidence to support his or her derivative lawsuit. (sweeneymerrigan.com)

In a carefully reasoned decision, the Delaware Supreme Court this week overruled a 15-year precedent that had permitted minority stockholders to pursue classically derivative dilution claims directly against controlling stockholders. (harvard.edu)
The reasoning is that the parent owns post-merger the rights of the subsidiary to pursue the subsidiary's pre-merger claims. (delawarelitigation.com)

Sections 261, 262 and 264 of the Companies Act 2006 contain provisions about disclosing a prima facie case in applications to continue a derivative claim. (justice.gov.uk)
An "on paper" application, where a prima facie case for permission to continue with the claim must be shown. (shlegal.com)

In mathematics , the derivative shows the sensitivity of change of a function 's output with respect to the input. (wikipedia.org)

In the Amended Verified Complaint, Wettemann alleges facts regarding the potential basis for a derivative action …, but failed to commence a 'derivative proceeding' under G.L.c. 156D, §7.42(2). (masslawyersweekly.com)
Furthermore, options, warrants, or other rights to purchase or receive stock typically do not confer standing to bring a derivative action. (kilegal.com)

In most cases, however, this bystander must have a personal relationship with the victim to have grounds for a claim. (sweeneymerrigan.com)

Public service organizations also experienced losses from derivatives transactions. (wsws.org)

The Court of Chancery recognized that such "overpayment" claims are generally considered derivative, but nevertheless sustained the complaint on the basis of a 2006 decision that had concluded such claims were both derivative and direct where the transaction allegedly benefitted a controlling stockholder at the expense of the minority. (harvard.edu)

Ester derivatives, mainly padimate O or octyl dimethyl PABA, became more popular, with greater compatibility in a variety of cosmetic vehicles and a lower potential for staining and adverse reactions. (medscape.com)

The right attorney may be able to obtain financial compensation for the bystander by proving all the necessary requirements, establishing proof of negligence and using a successful direct claim as evidence. (sweeneymerrigan.com)
Supported by simple spreadsheet examples and illustrations, Derivatives in a Day is perfect for anyone who wants to quickly get a practical grasp of this important financial market. (harriman-house.com)
The global derivatives market is vast and infinitely complex, and the number of corporations, financial institutions, and asset managers turning to these financial instruments to better manage risk and increase returns continues to grow. (osgoodepd.ca)
An examination of the complex financial derivatives sold to hospitals, universities and local governments sheds light on the operations of Wall Street. (wsws.org)
A credit contraction undermines financial asset values and associated derivative markets. (kingworldnews.com)
We also work with approximation of prices and hedging portfolios for financial derivatives. (lu.se)
This especially includes the ability to use, derive and understand the Black-Scholes formula as well as the ability of extending it to similar contracts, · use Monte Carlo methods to price financial derivatives. (lu.se)

Consequently, the reports of toxicologic and pharmacologic effects of crude extracts or synthetic derivatives of cannabis published before 1968 lack precision and uniformity and preclude any quantitative correlation between physiological effects and chemical composition. (unodc.org)
S -Adenosyl-L-methionine (SAMe) is a derivative of methionine and a cofactor for multiple synthetic pathways, particularly as a methyl group donor. (msdmanuals.com)

Separately, continuing claims fell 77k to 1.756 million (the lowest level since December 1973) for the week ended April 21st, beating the consensus estimate of 1.835 million. (derivativepath.com)

Both types of claims, however, could lead to compensation for the injured bystander. (sweeneymerrigan.com)
to claim for additional compensation. (dictionary.com)
We filed a claim for compensation from the company. (dictionary.com)

Derivative claims are subject to strict rules which are largely contained within s260(3) of the CA 2006 (there is a narrower common law procedure based on fraud and wrongdoer control). (shlegal.com)

Derivatives are a fundamental tool of calculus . (wikipedia.org)

Recognizing that the "[c]lassification of a particular claim as derivative or direct can be difficult" generally, the Court held that its 2006 opinion had "led to doctrinal confusion. (harvard.edu)
The Court went on to hold that "there is no principled reason to allow dilution/overpayment claims to proceed directly against controllers when the law rightly refuses to permit such claims to proceed directly in non-controller dilution cases. (harvard.edu)
The Court began its analysis by reiterating that "[t]he determination of whether a claim is derivative or direct in nature is substantially the same for corporate cases as it is for limited partnership cases. (rlf.com)
the court had denied their claims to asylum. (encyclopedia.com)
Moreover, it is important to note that derivative suits proceed differently depending on the state of incorporation and whether suit is brought in state or federal court. (kilegal.com)
A newly unsealed derivative case in the Court of Chancery accuses Amazon's board of signing off on multi-billion-dollar deals involving Jeff Bezos' rocket company after only minutes of consideration. (legal-mag.com)
Aug. 27, 2010), read opinion here , the Delaware Supreme Court explained the requirements for pursuing a double derivative suit. (delawarelitigation.com)
The Court discussed in great detail the relevant Delaware cases that touch on the issue though it acknowledged that Delaware's High Court had never addressed all of the requirements for a double derivative suit. (delawarelitigation.com)
The Trial Court also held that Aaron could not bring what was (according to the Appellate Division) "essentially third-party professional negligence claims against Ortega" when Aaron was not a client of Ortega or the Firm because of the Accountant Act. (norrismclaughlin.com)
Undeterred by the Trial Court's repeated rejection of his claims, Aaron appealed that decision to the Appellate Division of the New Jersey Superior Court. (norrismclaughlin.com)
The Appellate Division reviewed the procedural shortcomings identified by the Trial Court and concurred in the Trial Court's disposition of Aaron's claims. (norrismclaughlin.com)

1] A direct claim seeks redress for harm to that particular individual and not as a consequence of damage to the entity that the individual holds an ownership interest in. (kilegal.com)

This paper provides a road map for building a contingent claims theory of limit order markets grounded in a simple observation: limit orders are equivalent to a portfolio of cash-or-nothing and asset-or-nothing digital options on market order flow. (ssrn.com)
Lehmann, Bruce, Notes for a Contingent Claims Theory of Limit Order Markets (August 2005). (ssrn.com)
ISDA fosters safe and efficient derivatives markets to facilitate effective risk management for all users of derivative products. (isda.org)

Richard Gill reviews #Derivatives in a Day, a book which provides #investors and #finance professionals with an introduction into what can often be seen as a complicated #market. (harriman-house.com)
Costly margin requirements indicate they buy derivatives that not only insure against the market moving against them but can put them at risk of having to pay out in the opposite case. (economicpopulist.org)
Learn about the key principles and documentation requirements, including emerging trends for today's complex and dynamic derivatives market. (osgoodepd.ca)
Strengthen your hold on the key principles, best practices, and documentation requirements necessary to confidently address the issues that arise in navigating the derivatives market and its rules and regulations. (osgoodepd.ca)

Third, a bystander who files a claim must prove certain elements to be more likely true than not true about his or her case. (sweeneymerrigan.com)
We prove the Black Scholes partial differential equation and how that leads to the Black-Scholes formula as well as how to create a replicating portfolio for a derivative contract. (lu.se)

In this case, whether the sister wins her bystander claim could depend on whether the courts ruled in favor of the victim during the direct pedestrian accident claim. (sweeneymerrigan.com)
As the case progresses, the therapist begins listening more carefully to derivative communications in the patient's material in order to understand better the sources of his puzzlement, yet with only partial success. (brownpapertickets.com)
4. Participants will be able to demonstrate the use of derivative communication clinically by examining its use and value in a specific clinical case. (brownpapertickets.com)

A nutrient content claim is a word or phrase on a food package that makes a comment about the level of a particular nutrient in the food. (medlineplus.gov)

Expands its intellectual property portfolio with composition of matter claims governing lead clinical candidate, EB-373, a psilocin prodrug being developed for the treatment of depression and anxiety disorders. (businesswire.com)

The focus in this opinion was what prerequisites must be satisfied for a double-derivative suit. (delawarelitigation.com)

A bystander could bring a negligent infliction of emotional distress claim in Massachusetts against a defendant even if the bystander was not the person directly injured. (sweeneymerrigan.com)
If the bystander did suffer a physical injury, he or she could bring a direct claim against the defendant instead of a bystander claim. (sweeneymerrigan.com)

In Massachusetts, it may be possible for a bystander who witnessed an accident to file a claim for his or her damages. (sweeneymerrigan.com)
A stranger who does not know the victim of an accident will generally not have the right to file a claim for emotional damages in the state. (sweeneymerrigan.com)

More important, it rejects the suggestion that the mere involvement of a controlling stockholder should allow stockholders to prosecute claims directly that properly belong to the corporation. (harvard.edu)
At a point about halfway into treatment, the patient recalls some important childhood and adolescent experiences, which underline why these specific frame issues were so important and what the derivative communications were indicating. (brownpapertickets.com)
Derivatives in a Day is an ideal book for those who want to enter this important area of finance, as it's a thorough, introductory guide, priming readers to further build their knowledge. (harriman-house.com)

The acute oral toxicity of the cannabis derivatives used as intoxicants (marihuana, kif, hashish) is low. (unodc.org)

A derivative claim is one with an outcome that will most likely rely on the outcome of the related direct claim. (sweeneymerrigan.com)

Valued at trillions of dollars, derivative trading underpins the global economy, yet most people have a vague understanding of the mechanics of how these products and the underpinning laws and regulations work. (osgoodepd.ca)

The situation is more complex when it comes to patents that in some way claim genes isolated, extracted or derived from viruses and related genetic information, or that claim potentially new uses or applications of genes or genetic information. (who.int)

what derivatives are - how you can alter the characteristics of a portfolio using derivatives - how you can protect a portfolio using derivatives - how you can increase the returns to a portfolio using derivatives. (harriman-house.com)

For this reason, the derivative is often described as the "instantaneous rate of change", the ratio of the instantaneous change in the dependent variable to that of the independent variable. (wikipedia.org)

4 The order under rule 19.20 may be appropriate where any future proposal to discontinue or settle might not come to the attention of members who might have an interest in taking over the claim. (justice.gov.uk)
also mining claim ) a piece of land allotted to or taken by someone in order to be mined. (encyclopedia.com)

claimed to have found the first cases of in vitro Plasmodium falciparum resistance to ACs ( 5 ). (cdc.gov)

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