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Ellefson V. Megadeth, Inc.
''Ellefson v. Megadeth, Inc.'' 2005 WL 82022 (S.D.N.Y. 2005) was a contracts case tried in the United States District Court for the Southern District of New York in 2005, in which the court determine to enforce a settlement agreement page signed and sent by fax, as an acceptance of a contract or as a counter offer. Background David Ellefson and David Mustaine are both original members of the heavy metal band Megadeth Megadeth is an American thrash metal band formed in Los Angeles in 1983 by vocalist and guitarist Dave Mustaine. Known for their technically complex guitar work and musicianship, Megadeth is one of the "big four" of American thrash metal—alo ... formed in 1983 and incorporated in 1990 with Mustaine receiving eighty percent of the stock and Ellefson receiving twenty percent of the stock. Ellefson claimed that Mustaine and Megadeth defrauded him out of his share of corporate profits. In October 2003 the parties entered negotiations to settle the disputes betwee ...
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United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York City: New York (Manhattan) and Bronx; six are in the Hudson Valley: Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active and influential federal trial courts in the United States. It often has jurisdiction over America's largest financial institutions and prosecution of white-collar crime and other federal crimes. Because of its age, being the oldest federal court in the histo ...
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David Ellefson
David Ellefson is an American musician, best known for his long tenure as the bassist and backing vocalist for thrash metal band Megadeth across two stints. Ellefson initially became an accomplished bassist and honed his songwriting skills while leading several of his own bands through the club scene of North America's Midwest region before relocating to Los Angeles. He was then the bassist of Megadeth from 1983 to their breakup in 2002, and again from 2010 to 2021. Ellefson co-founded the hard rock band the Lucid in 2021 alongside vocalist Vinnie Dombroski (Sponge), guitarist Drew Fortier (formerly of Bang Tango), and drummer Mike Heller ( Fear Factory, Malignancy, Raven). In addition to playing bass guitar in Megadeth and the Lucid, Ellefson had various side projects, which include Temple of Brutality, F5, Killing Machine, and Metal Allegiance. Biography Pre-Megadeth Ellefson played in a band called Killers, which featured himself on bass, Greg Handevidt on guitar, ...
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Megadeth
Megadeth is an American thrash metal band formed in Los Angeles in 1983 by vocalist and guitarist Dave Mustaine. Known for their technically complex guitar work and musicianship, Megadeth is one of the "big four" of American thrash metal—along with Slayer, Anthrax (American band), Anthrax, and Metallica—and is credited with helping to develop and popularize the genre. Their music features intricate arrangements, fast rhythm sections, dual lead guitars, and lyrical themes such as war, politics, religion, death, and personal relationships. In 1985, Megadeth released their debut album, ''Killing Is My Business... and Business Is Good!'', on the independent record label Combat Records, to moderate success. It caught the attention of bigger labels, which led to Megadeth signing with Capitol Records. Their first major-label album, ''Peace Sells... but Who's Buying?'', was released in 1986 and was a major hit with the underground metal scene. Band members' substance abuse issues a ...
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David Mustaine
David Scott Mustaine (born September 13, 1961) is an American musician. He is best known as the co-founder, frontman, primary songwriter and sole consistent member of the thrash metal band Megadeth and for his time as the lead guitarist of Metallica. Mustaine has released sixteen studio albums with Megadeth, sold over 50 million records worldwide, with six albums platinum-certified, and won a Grammy Award for Best Metal Performance in 2017 at the 59th Grammy Awards, for the title track of their fifteenth studio album, ''Dystopia''. Prior to forming Megadeth, Mustaine was the lead guitarist of Metallica but did not appear on any albums. He was, however, credited as a writer on four songs from ''Kill 'Em All'' and two songs from ''Ride the Lightning''. Mustaine was born into a family of Jehovah's Witnesses.Jodi Beth Summers talks to Dave Mustaine, "Out to Lunch", ''Hit Parader'', June 1987 He now identifies as a born-again Christian. Mustaine has been to rehab throughout his lif ...
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Naomi Reice Buchwald
Naomi Lynn Reice Buchwald (born February 14, 1944) is a senior United States district judge of the United States District Court for the Southern District of New York. Early life and education Naomi Reice was born in 1944 in Kingston, New York, to Mr. and Mrs. Albert Reice. She graduated Phi Beta Kappa from Brandeis University and then with honors from Columbia Law School. Career Naomi Reice, as she was then known, practiced law in New York City from 1968 until 1973, when she became an Assistant United States Attorney in the Southern District of New York, rising to the position of Chief of the Civil Division. She held this position until she was named a United States magistrate judge in the same district in 1980. She served as chief United States magistrate judge from 1994 until 1999. Federal judicial service On February 12, 1999, Buchwald was nominated by President Bill Clinton to a seat on the United States District Court for the Southern District of New York vacated by ...
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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Legal Case
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues. * Activities needed to have a court deem legal process to have been provided, such as through service of process. * Conduct of a trial, whether a lawsuit or civil trial, or a criminal trial. * Issuance and enforcement of court orders, including those imposing forecl ...
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Posting Rule
The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that offer and acceptance, acceptance of an offer takes place when communicated. Under the posting rule, that acceptance takes effect when a letter is posted (that is, dropped in a post box or handed to a postal worker); the post office will be the universal service provider, such as the UK's Royal Mail, the Australia Post, or the United States Postal Service. In plain English, the "meeting of the minds" necessary to contract formation occurs at the exact moment word of acceptance is ''sent'' via post by the person accepting it, rather than when that acceptance is ''received'' by the person who offered the contract. The rules of contracts by post (postal rules) include the following: # An offer made by post/letter is not effective until received by the offeree. # Acceptance is effective ...
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2005 In United States Case Law
5 (five) is a number, numeral and digit. It is the natural number, and cardinal number, following 4 and preceding 6, and is a prime number. Humans, and many other animals, have 5 digits on their limbs. Mathematics 5 is a Fermat prime, a Mersenne prime exponent, as well as a Fibonacci number. 5 is the first congruent number, as well as the length of the hypotenuse of the smallest integer-sided right triangle, making part of the smallest Pythagorean triple ( 3, 4, 5). 5 is the first safe prime and the first good prime. 11 forms the first pair of sexy primes with 5. 5 is the second Fermat prime, of a total of five known Fermat primes. 5 is also the first of three known Wilson primes (5, 13, 563). Geometry A shape with five sides is called a pentagon. The pentagon is the first regular polygon that does not tile the plane with copies of itself. It is the largest face any of the five regular three-dimensional regular Platonic solid can have. A conic is det ...
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United States Contract Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ...
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United States District Court For The Southern District Of New York Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television serie ...
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