This form is a full, final and absolute release. The releasor acquits and discharges the releasee from any and all claims arising out of a fire and the cancellation of an insurance policy. The releasee does not admit any liability, but expressly denies the same. Also, no representations as to damages or liability have been made.
Delaware Full, Final and Absolute Release
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1. Dismissal upon notice by plaintiff. A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal.
MOTION TO DISMISS. In a civil action, a motion to dismiss a lawsuit may be, and generally is, filed by a defendant (or, if the motion is to dismiss a counterclaim, by the plaintiff) at the time a responsive pleading, such as an answer, is due.
To seek leave of court before filing its amended complaint. National correctly argues, however, that a motion to dismiss is not a responsive pleading within the meaning of Mass.
The purpose of a full and final release is simple. It is an explicit acknowledgement by the settling Plaintiff that it has agreed to resolve its claims as against one or more Defendants, and as a result of that settlement, it is releasing those Defendants from the claims at issue.
A motion to dismiss is not considered a responsive pleading, so a plaintiff is free to amend his complaint to eliminate questions about its legal sufficiency, the 4th DCA said.
Yes. Rule 15.01 of the Tennessee Rules of Civil Procedure provides a party may amend its pleading once as a matter of course at any time before a responsive pleading is served. A motion to dismiss is not a responsive pleading and under Rule 15.01 the plaintiff has an absolute right to file an amended complaint.
Under Section 145(c) of the Delaware General Corporation Law (DGCL), Delaware corporations are required, in certain circumstances, to indemnify directors and officers of the corporation for costs incurred in connection with litigation and other proceedings arising from the official's corporate role, including attorneys
The most important part of an indemnification clause is that it protects the indemnified party from lawsuits filed by third parties. This protection is important because damaged parties are still able to pursue compensation for their losses even if this clause isn't in the contract.
For investment companies like mutual funds, corporate indemnification of a director is not permitted under Section 17(h) of the Investment Company Act of 1940 (1940 Act) for willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his sic officeso called