Tag Archives: Constructive

Texas Court Finds Payment of Personal Expenses By LLC Constituted Constructive Fraud in Divorce Case

By Francesca Blackard Property owned by a limited liability company belongs to the company and is generally not considered either separate or community property subject to distribution in a Texas divorce case.  The limited liability company’s owners, known as “members,” … Continue reading

Posted in Divorce Law | Tagged , , , , , , , , , , | Leave a comment

The Constructive Submission Doctrine — Not Much of a Club Against States or EPA

Earlier this week, the D.C. Circuit Court of Appeals reversed a District Court opinion and held that West Virginia had not “constructively submitted” no TMDLs for waters affected by ionic toxicity.  (And, yes, that sentence is difficult to parse.) The … Continue reading

Posted in Environmental Law | Tagged , , , , , , | Leave a comment

Employee's claim of constructive dismissal as a result of taking FMLA leave dismissed

Noting that the Doctrine of Constructive Discharge "is hard to prove," the court explained that the employee must show that  his or her working conditions were objectively intolerable and that his or her employer deliberately created those conditions in hopes … Continue reading

Posted in Administrative law | Tagged , , , , , , , , | Leave a comment

Constructive Dividends and the Substance Over Form Doctrine

Jack Townsend has an excellent post today (all of his posts are excellent) about C corporation constructive dividends. In United States v. Ellefsen, ___ F.3d ___, 2011 U.S. App. LEXIS 18684 (8th Cir. 2011), the appeals court addressed the issue … Continue reading

Posted in Tax Law | Tagged , , , , , | Leave a comment

Discipline or constructive criticism?

Discipline or constructive criticism? Source: E-mail received by NYPPL referencing an item posted on the Internet at http://auburnpub.com/news/local/article_0a5c06e8-5a78-11e0-95ff-001cc4c03286.html Suspended Jordan-Elbridge School District principal David Zehner and his attorneys, citing the Education Law and the Public Officer Law, contend that Zehner … Continue reading

Posted in Administrative law | Tagged , , | Leave a comment