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Judge Griesa disagreed, ordering discovery on all assets "reasonably calculated to lead to attachable property." [ 2 ] On Argentina's appeal the Second Circuit affirmed the discovery order. [ 16 ] Still refusing to comply, Argentina then petitioned for a writ of certiorari from the Supreme Court of the United States, and the petition was ...
Under the law of the United States, civil discovery is wide-ranging and may seek disclosure of information that is reasonably calculated to lead to the discovery of admissible evidence. [29] This is a much broader standard than relevance, because it contemplates the exploration of evidence which might be relevant, rather than evidence which is ...
No other country has adopted the U.S. standard of disclosure of information that is "reasonably calculated to lead to the discovery of admissible evidence." [ 2 ] [ 39 ] American reported cases are replete with plaintiffs whose counsel artfully exploited this standard to obtain so-called " smoking gun " evidence of product defects and made ...
An appropriate capitalization rate is applied to the excess return, resulting in the value of those intangible assets. That value is added to the value of the tangible assets and any non-operating assets, and the total is the value estimate for the business as a whole. See Clean surplus accounting, Residual income valuation.
The court rejected these arguments and held that the "in connection with" prong only requires a false or misleading statement be made "in a manner reasonably calculated to influence [investors]." [21] TGS's statement met this standard. [22] However, the court endorsed a good faith defense, which it had rejected for insider trading.
Jones v. Flowers, 547 U.S. 220 (2006), was a decision by the Supreme Court of the United States involving the due process requirement that a state give notice to an owner before selling his property to satisfy his unpaid taxes.
Case history; Prior: on writ of certiorari from the New York Court of Appeals; 299 N.Y. 697, 87 N.E.2d 73 (1949), reversed.: Holding; Notice of judicial proceedings must be reasonably calculated to reach those who are known to be affected by such proceedings.
Procedural: On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit: Holding; To meet its substantive obligation under the IDEA, a school must offer an Individualized Education Program (IEP) reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.