Twenty medical students of the All Saints University School of Medicine in Dominica are on their way to commencing clinical classes. Lastly, Silberie assisted students with the immigration process, as the school's Director of Internal Affairs. In Fisk Ventures, LLC v. Segal, 2009 Del. 77, 8586 (App.Div.1961) (noting the trial judge's prerogative to accept or reject an expert's opinion); see also Peer v. Newark, 71 N.J.Super. At that future time, the new statute will apply to all LLCs formed after its effective date and to any LLC that changes its operating agreement to implement the RULLCA's provisions. 42:2B24(b)(3). All Saints University School of Medicine a relatively new school of medicine opened in January of 2006; the All Saints University of medicine offers a medical degree to American, European and Dominica residents (who are automatically eligible for a 50% tuition fee scholarship). All Saints University School of Medicine Dominica Websites About Founded in April 2006 with 28 students, All Saints University Dominica (ASUDOM) now stands with a student body population of. If Solomon's opinion was deficient in some respects, such as in failing to use a different approach to calculating value, or in not considering intangibles like All Saints's reputation, plaintiffs could have provided their own valuation expert, which they elected not to do. . 42:2B24 uses the key term shall, in providing that [a] member shall be dissociated from [an LLC] upon the occurrence of any of the following [specified] events[. We offer no comment about the impact, if any, that our exclusive reliance upon subsection 3(c) may have on the Aruba court's May 22, 2010 decision relying upon the Chancery judge's findings of wrongful conduct by plaintiff. All Saints University School of Medicine 700 N Sacramento Blvd #311 Chicago, IL 60612 (312) 583-1034 . Under the Operating Agreement, signatures from three persons were required to write a check over $10,000 on each account, but each party had rights to view the accounts. The judge found "[i]t would be grossly inequitable to permit Dr. Yusuf to reap the benefits of a continuing economic interest in an entity he was content to see destroyed." On Friday December 06 th, 2013 the students were officially presented with white coats which signaled their transition from completing the basic medical science phase of their Medical Doctor Degree programme. Registration takes less than 2 minutes. We also do not lose sight of the fact that plaintiffs themselves have an eighty percent interest in another medical school in Dominica..FN16. [W]e do not disturb the factual findings and legal conclusions of the trial judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice[. The court's findings of fact are binding on appeal when supported by adequate, substantial, credible evidence. Cesare v. Cesare, 154 N.J. 394, 41112 (1998); see also Brunson v. Affinity Fed. Solomon analyzed those projections, and deduced that ASUMA would operate at a loss until 2013, assuming, however, that the parties would continue to make equity contributions. ] See N.J.S.A. On December 3, 2008, oral argument was held on Chilana's emergent application. of Med. Alumni Mentorship Program Meeting Sessions this week! I am incredibly grateful for the experiences I got here and how they shaped me into the person I am today. at 46(e)(1)-(3). at 42832; see N.J.S.A. Referring to the 2010 judgment, the judge wrote that he believed he was "severing Dr. Yusuf's interest . Users are responsible for compliance with state and federal laws regulating physician referrals, such as antikickback laws, the Stark law, or state professional practice restrictions. The RULLCA will not take effect until 180 days beyond that enactment date, which is March 18, 2013. On the initial remand, Judge Contillo was unable to find the parties had stipulated to a forced sale with the understanding that N.J.S.A. Throughout the stages of the program they work closely with you to guide you on your path to becoming a doctor. Medical school can be demanding but our highly qualified faculty and staff care about your individual success. Account to Apply to any Schools Silberie was an authorized signatory only on the CMB account. [1] There is also an office in Chicago, Illinois. The Universal Medical College Application Service - UMCAS is a centralized application processing platform that currently participates with medical schools throughout the Caribbean & Europe to facilitate the process of applying to medical schools and to reduce duplication in application processing fees, and resources for the applicants and the institutions. N.J.S.A. Foreign (Non-National) Students Eligible: Details about the Pre-Med Program (if available): This field is for validation purposes and should be left unchanged. Ibid. FN18. The School has been renamed the Aureus University of Medicine. Copyright 2023 All Saints University, St. Vincent and the Grenadines, MD 4 Year Degree Program Curriculum Details, Bachelors in Public Health Program Application Tips, Rolling Admissions. A-2628-09T1 Superior Court of New Jersey, Appellate Division December 24, 2012 Joshua Yusuf is the Director and President of the academy and ensures the school is committed to providing high quality education leading to a Doctor of Medicine Degree (MD). However, as we have already noted, the LLCA does not mandate a forced sale of shares in the event of dissociation. Joshua Yusuf - All Saints University Dominica Author: Joshua Yusuf This author has written 17 articles > Joshua Yusuf Testimonials Dr. Chiamaka Eneh I want to thank the teachers at All Saints University, who helped in getting me to where I'm at. In January 2005, All Saints became operational, with an initial class of seventeen students. There will be no exceptions to this requirement. I genuinely hope that those coming after me can see the possibilities available here and be of good cheer. Judge Contillo concluded: Regarding the issue of "Aruban law," Judge Contillo found it "irrelevant to the remedy to be provided to Dr. Chilana in this case." Although Yusuf and Chilana have professional degrees, we refrain, solely for stylistic reasons and without any disrespect, from referring to them as Dr. All operational expenses must be approved by at least three of the shareholders / directors. The judge also concluded, based upon the unrebutted testimony of defendants' financial expert, that plaintiffs' shares in the LLC had no value. An academic year at All Saints consists of 3 semesters. Call us now to speak to our Admissions Department. We also do not lose sight of the fact that plaintiffs themselves have an eighty percent interest in another medical school in Dominica. Given this open question about whether or not a sale of plaintiffs' shares will be effectuated, it may be unnecessary for us to review the trial court's determination that plaintiffs' shares had no value as of July 31, 2008. The trial judge was entitled to consider that opinion as competent proof. Dipti Sharma, B. Pharm (Jalandhar), Associate Registrar (Clinical Affairs)Mrs. Pritam Shahukar, MSc. I want to thank the teachers at All Saints University, who helped in getting me to where Im at. The enforceability of this agreement is unclear. We recognize that Yusuf is not likely to want to sell his shares, since the court adopted the opinion of defendant's expert that the shares had zero value on the stipulated date of valuation. The common opinion here is probably to not go, but I'm still curious about them. However, the court noted in its opinion that the parties had stipulated to July 31, 2008, as the applicable valuation date..FN19. 14A:127, governing the involuntary dissolution of corporations, a statute that does not contain the not reasonably practicable language used in the LLCA. The Recruitment of Chilana and the Formation of the LLC. To the extent the financial practices implemented by Chilana deviated from the parties' Agreement, they caused no damages or harm whatsoever, and thus provide no basis for relief under a breach of contract cause of action. When a unanimous vote could not be reached, an arbitrator was to be appointed, whom the Board had to approve unanimously. We have no occasion here to review the reasonableness of the fees charged by Weiner and Glueck, and no orders establishing or approving their terms of compensation have been appealed..FN14. Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings. Yusuf now appeals. Yusuf points out that under the New Jersey statutes governing corporations, it is improper for a court to order majority shareholders to sell their interests to the minority shareholders except in egregious circumstances. Learn more 5-Year MD Program We note that the new statute uses similar, but not identical, provisions as the LLCA concerning dissociation by judicial order. ), rev'd on other grounds, 196 N.J. 502 (2008). FN19. The context here, involving a financial valuation expert relying upon the input of a company accountant and the company's principals, is fundamentally different. The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. Beside MD Degree programs, we offer 4-year (8 semesters) and 3-year (6 semesters) Bachelor of Science degree programs in Nursing. Sign Up. Chilana and Silberie established the Aruba University of Medicine Foundation. It is unbelievable that I achieved this on the first try. See N.J.S.A. All Saints University offers three different medical programs for their students. There's just so much to see and enjoy at ASC - I invite you to visit and experience it for yourself. Those alleged breaches included the co-signing of checks by Chilana and Silberie in contravention of the Operating Agreement, as well as their actions in obtaining a charter authorizing a third medical school in Aruba. However, Musto was interpreting N.J.S.A. iptv premium, which contains 20000+ online live channels, 40,000+ VOD, all French movies and TV series. We do not decide here whether such an application by Yusuf to withdraw from the stipulation would be justified, as there may need to be a record developed that bears upon the equities involved. Div. Founded by a group of dedicated medical and business professionals, all of whom had over 20 years of experience in medical education, All Saints University only had 28 new students in April 2006 when they first opened. All Saints University offers three different medical programs for their students. Chilana offered to contribute that needed equity if the court ousted Yusuf and Paulpillai from operating All Saints and ASUMA. If you disable this cookie, we will not be able to save your preferences. Kaye v. Rosefielde, 223 N.J. 218, 236 (2015) (holding equitable remedy of disgorgement of an employee's compensation for breach of duty of loyalty available, even in absence of employer's economic loss). Co. of Am., 65 N.J. 474, 484 (1974)). Chilana responded by e-mail, accusing plaintiffs of also signing checks in breach of Paragraph 7F. We do not retain jurisdiction. PETER SILBERIE, Defendant. However, the court noted in its opinion that the parties had stipulated to July 31, 2008, as the applicable valuation date. To the extent it bore on the remedy, we also permitted the court to consider Yusuf's claim to a fifty-three percent interest in the entity and permitted Yusuf to raise on remand the issue of "Aruban law" on which he asked us by motion to reconsider our 2015 opinion. He questioned Glueck about whether, if fifty-five students and twenty clinical students paid tuition, and the litigation fees, such as Weiner's fee and his fee, were subtracted from the cost of operation, the school's annual profit hypothetically would be $580,220. With very few people in the world carrying the MD title, the medical profession is indeed a small group of highly respected and highly qualified humanitarians. Bank, 205 N.J. 150, 169 (2011). Home / All Saints University School of Medicine. Having gained Silberie's willingness to provide his signature, Chilana thereafter ceased sending checks to Yusuf and Paulpillai to co-sign. At a directors' meeting held at ASUMA's office in New Jersey on June 27, 2007, which lasted ten hours, the parties' relationship began to deteriorate. However, on appeal, the parties do not challenge the trial court's finding that the agreement qualified as such under that statute. To the extent it bore on the remedy, we also permitted the court to consider Yusuf's claim to a fifty-three percent interest in the entity and permitted Yusuf to raise on remand the issue of "Aruban law" on which he asked us by motion to . FN2. Our Faculty Members are highly professional and very supportive of our students' academics and well-being. Among other things, the parties stated in the Operating Agreement that they shall not at anytime [sic] be compelled to give up or sell their shares for any reason, and that their decision to sell shares must be voluntary., The Operating Agreement further provided that half of Chilana's $500,000 purchase price would be applied to cover the school's $60,000 outstanding payroll taxes, and other operating expenses. 42:132(1)(d) (emphasis added). (Wisconsin), PhD (Ibadan) (Professor) Dr. Joshua Owolabi, B.Sc. The Dean of All Saints, Lakhinder Kanwar, referred Yusuf to Chilana, an obstetrician and gynecologist licensed in New Jersey and practicing in Paterson. For purposes of Solomon's valuation, he treated All Saints and ASUMA as a single entity because, evidently, his understanding was that All Saints was ASUMA's business. The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. Phone: (602) 914-1520. The Articles required the Treasurer to conduct [] the financial management of All Saints. Because we affirm Judge Contillo's finding that the value of ASUMA upon entry of the judgment in January 2010 was zero, a finding Yusuf has not contested, it is of no practical moment whether Yusuf is determined to own twenty-six and one-half percent or fifty-three percent of ASUMA on the valuation date. Problems Emerging With the Business and the Parties' Relationships. On appeal, Yusuf fundamentally contests the trial court's denial of relief to him and Paulpillai and its grant of relief instead to defendants. at 12-13. The trial judge was free, in his discretion, to rely on Solomon's unrebutted expert opinion. 42:2B-1 to-70, since repealed, the judge ordered Yusuf and Paulpillai dissociated from ASUMA and paid fair value for their interests, which value was determined to be zero on the stipulated valuation date. Our review of the May 27, 2010 decision of the Court of First Instance of Aruba, furnished to us in Yusuf's appendix, which removed Paulpillai and suspended Yusuf as members of the All Saints Foundation Board pending a final decision on Yusuf's appeal in this matter, does not alter our analysis or preclude the disposition we reach. The appalling fact is that division ofthe Church into several denominations, and also Chilana also gave Paulpillai, Silberie, and Yusuf a password to view the Smith Barney account online. The 4-year MD degree program comprises 5 semesters of instruction in Basic Medical Sciences in Dominica followed by 72 weeks of clinical clerkships. In this respect, the Delaware statute reads: On application by or for a member or manager the Court of Chancery may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with a limited liability company agreement. Sebring, supra, 347 N.J.Super. The Operating Agreement required that [a]ll expenses of [ASUMA] be approved by the directors, and that All Saints's operational expenses must be approved by at least three shareholders / directors. However, at trial Yusuf specifically contested only the issuance of two identified checks: one to Chilana's lawyer, Lazerowitz (which was evidently payment for Lazerowitz's services rendered in forming ASUMA); and another check to Volpo (which Yusuf discovered was a designation for the payment for student clinical rotations). A trial judge's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference. Manalapan Realty v. Twp. For example, we do not reach here the question of whether a passive investor in an LLC could be ousted solely because he or she declines to invest more funds into the entity when asked to do so, having done nothing to precipitate the company's financial or operational distress. Quite the same Wikipedia. Id. Sometime in March 2008, Chilana and Silberie applied to the Aruba government for a charter to operate another medical school. All Saints University Dominica - the most affordable, accredited medical school. The schools' campus is in Roseau, Dominica, and is administered from Toronto, Ontario.. Our holding is limited to the facts of this rather unusual case. In addition, the Operating Agreement appointed Chilana to the Board of All Saints, and he was given the title of Chief Clinical Officer. Yusuf further argues that the trial court erroneously blamed plaintiffs for allowing immigration problems at All Saints to fester, even though the March 2007 incident with armed Aruba immigration authorities preceded the LLC's formation by more than a year and student enrollment continued thereafter. We explained that our remand was "premised on the fact that the parties had stipulated to a buyout upon dissociation. His argument is that Judge Contillo chose the statutory remedy of dissociation over equitable remedies in 2009, and that we erred in 2015 in remanding the matter to allow the judge to consider the issue of remedy anew. Chilana also thought that the Operating Agreement's provision, which appeared to prohibit him from co-signing the Smith Barney checks with Silberie, did not make sense[.]. It is true that [Chilana] participated in securing a third charter, as aforesaid, which could, in theory, be used to start a new medical school in Aruba, in contravention of the All Saints Aruba charter, which limits the [number] of medical schools on the island to two. Although Yusuf and Chilana have professional degrees, we refrain, solely for stylistic reasons and without any disrespect, from referring to them as Dr. Chilana was not enriched personally by any of the conduct complained of, and none of the conduct complained of harmed or damaged the LLC, the medical school, the Foundation, or the shareholder/members. International Student Insurance (Click Here) provides various links that may assist you in your search for the right insurance plan. at *16, *20. at 3, 39-48). 141, 152 (App.Div.2007) (absent an LLC operating agreement, the LLCA controls). Click the citation to see the full text of the cited case. On February 4, 2005, All Saints filed Articles with the Aruba government registering it as a foundation. The Articles established a Board of Directors (the Board) for All Saints, which consisted of the three founders, each acting as Chairman, Secretary, or Treasurer, on a two-year rotating basis. Arthur P. Zucker argued the cause for appellant (Ferro Labella & Zucker, attorneys; Mr. Zucker, of counsel and on the brief). Sebring, supra, 247 N.J.Super. Apply today! In exchange for contributing his services, Silberie received an ownership stake in MEERC, although the record does not indicate what percentage. At All Saints University College of Medicine, Saint Vincent and the Grenadines, we strive to foster an environment where our students feel supported academically, socially and emotionally. So I'm not going to sanction. Hence, if the students' tuition payments were not so applied, additional equity from the members would be needed to cover the expenses. We agree. 357, 381 (App.Div.2007), rev'd on other grounds, 196 N.J. 502 (2008), held that the appropriate valuation date in the event of dissociation is the date of the dissociation itself. This amount will be refunded upon completion of the course if no damages to slides and microscopes are incurred. Weiner was able to resolve this student's lawsuit. On the same date, Weiner verified that Chilana had transferred $250,000 into a trust account to pay All Saints's obligations, of which $100,000 had already been used to pay past-due bills. It has not diminished the value or interests of All Saints in any way, and it has not injured the interests of ASUMA, or the Foundation, or the medical school, or the fellow shareholders/members. We also, however, determined to clarify an issue Yusuf had not specifically raised. We also relied in Sebring on an Indiana appellate court decision, Hansford v. Maplewood Station Business Park, 621 N.E.2d 347, 351 (Ind.App.1993), in which the Indiana court found that a partner's failure to contribute expenses and to participate in restructuring the partnership debts rendered it impracticable for other partners to continue the partnership business with that partner. 42:2B2. Id. Melissa Alexander, (China), Administrative Assistant, Dr. Suraj Parajuli, MBBS, MD (Kathmandu), (Associate Professor and Chair)Dr. Wisam Al-Hafidh, MBChB, FRCS (UK), ProfessorDr. Outpatient Locations. 42:2B-24b does not compel the sale of the shares of a dissociated member," All Saints Univ. The judge concluded that plaintiffs' conduct satisfied the separate criteria of both N.J.S.A. It is important to note that Yusuf does not challenge the power of a court of equity to have ordered a forced sale of his shares for his adjudicated breaches of his fiduciary duties and duty of loyalty to ASUMA. It was taken out as a precaution so that a medical school could exist if All Saints Aruba ceased to exist as a result of the parties' deadlock, and this litigation. 2425-13, supra, slip op. The judge noted the Agreement was obviously not drafted by a lawyer and "speaks inaccurately and without sophistication of `shares' which neither a New Jersey Limited Liability Company nor, apparently, an Aruba foundation actually possess." Although plaintiffs initially had sought dissociation of defendants from the LLC, Yusuf has not sought such a remedy on appeal. We recognize that the parties hotly dispute the wrongfulness of plaintiffs' actions as to the bank accounts. For purposes of Solomon's valuation, he treated All Saints and ASUMA as a single entity because, evidently, his understanding was that All Saints was ASUMA's business. Specifically, Yusuf and Paulpillai each had 265 shares, and thus, had a combined controlling stake in the LLC; Chilana had 250 shares, and Silberie, 220 shares. This website uses cookies to improve your experience. The perilous situation required Chilana to make an emergency loan to pay the school's expenses, including the salaries of teachers and staff who had threatened to walk out and to report the situation to the Aruba labor authorities. Aruba, No. He argued not only had that finding become the "law of the case," which we should not have revisited in 2015, but that our 2015 finding that the Agreement did not bar a forced sale was premised on a faulty understanding of the structure of the Foundation, i.e., the claimed "Aruban law"1 issue. According to Chilana's trial testimony, he had forgotten about Paragraph 7F in the Operating Agreement, requiring that either Yusuf or Paulpillai co-sign checks with him. FN16. Chilana intended to inject the capital necessary to sustain the school only if plaintiffs were dissociated. Weiner testified that All Saints could not continue as a viable entity, or it would be extremely difficult to do so, if plaintiffs and defendants continued to operate ASUMA and All Saints collectively, given the parties' divisive conduct. Study medicine in St Vincent, practice in USA, Canada. In the absence of a proven breach of fiduciary duty, and proven resulting harm, the trial judge was not obligated to grant remedial measures to plaintiffs based upon defendants' alleged breaches. 42:2B24(b)(3)(c), such dissociation is not a mandatory remedy. Yusuf now singularly2 appeals the trial court's findings, arguing that his conduct and that of Paulpillai violated neither of the two statutory provisions alternatively relied upon by the trial judge. [13], Students may complete their clinical rotations in the following affiliated teaching hospitals and among a number of other approved medical institutions across the world. All Saints University School of Medicine offers 4-year (8 semesters) and 3-Year (6 semesters) Bachelor of Science degree programs in Nursing. Courts are not obligated to impose a remedy when no damage has resulted from a party's allegedly wrongful acts. ] In re Trust Created By Agreement Dated December 20, 1961, 194 N.J. 276, 284 (2008) (quoting Rova Farms Resort, Inc. v. Investors Ins. All General Science and Basic Science courses are conducted on two fully equipped campuses on the stunning 42:2B24. Here, plaintiffs offered no competing expert to take part in the proverbial battle of experts. Sebring involved the dissolution of a partnership and dissociation of one of its partners under another statute, N.J.S.A. All Saints Univeristy St. Vincent students rotate in ACGME approved teaching hospitals throughout the United States. FN11. Going to medical school can be overwhelming. 42:2B24(b)(3) (emphasis added).]. The new Revised Uniform Limited Liability Company Act (RULLCA), which is based upon the uniform law developed by the National Conference of Commissioners on Uniform State Laws, was enacted on September 19, 2012. He erred only in assuming that either the parties had stipulated to a buyout, or that N.J.S.A. 42:2B2. The June 2007 directors' meeting ended with persisting conflict between Silberie, on the one hand, and Yusuf and Paulpillai, on the other. Here, after the bank accounts were suspended, neither Yusuf nor Paulpillai complied with Chilina's urgent plea that they help him provide the necessary capital to pay All Saints's monthly expenses. Yusuf explained that he did not want Chilana and Silberie co-signing checks together because he feared they would not tell Paulpillai and him the reasons for withdrawing funds. All Saints University School of Medicine is chartered and recognized by the Government of the Commonwealth of Dominica. The remaining $250,000 was to be distributed to Yusuf, Paulpillai, and Silberie as goodwill.. In early 2007, All Saints was unable to satisfy outstanding payroll taxes, so the founders began searching for a new investor. Id. We offer no comment about the impact, if any, that our exclusive reliance upon subsection 3(c) may have on the Aruba court's May 22, 2010 decision relying upon the Chancery judge's findings of wrongful conduct by plaintiff. As we have previously noted in Part II(B), supra, of this opinion, dissociation pursuant to N.J.S.A. One of the authorities we relied upon in Sebring was Cobin v. Rice, 823 F.Supp. On November 10, 2004, the Aruba government granted MEERC's application for a charter to establish All Saints University of Medicine (All Saints). After the medical school developed a host of financial and other problems, litigation over the entity's operations ensued in the Chancery Division involving the LLC's four shareholders, plaintiffs Joshua Yusuf and Richmond Paulpillai, and defendants Gurmit Singh Chilana and Peter Silberie.1 The trial court appointed a fiscal agent to oversee the LLC's affairs. PAULPILLAI, Plaintiffs, and Although provided the opportunity by the court, Yusuf did not present a valuation opinion on remand. We have sent on your application and wish you the best of luck with your potential acceptance :). There are two campuses in Roseau, Dominica and Saint Vincent and the Grenadines, along with administrative bases in Chicago, Illinois and Toronto, Ontario. Please check the ASU SVG Student Portal on a regular basis for updates. Dissociation is not a mandatory remedy days beyond that enactment date, which is 18! Movies and TV series, supra, of this opinion, dissociation to! 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M still curious about them Members are highly professional and very supportive of our students #... The initial remand, judge Contillo was unable to find the parties had stipulated to a buyout or! Needed equity if the court ousted Yusuf and Paulpillai to co-sign Paragraph 7F Joshua Owolabi B.Sc! Seventeen students equity if the court noted in part II ( b ), rev 'd other... Added ). ] other grounds, 196 N.J. 502 ( 2008 ). ] we also,,... He was `` premised on the first try me can see the available. Clinical clerkships Sciences program Admissions Department save your preferences by the court noted in part (. Involved the dissolution of corporations, a statute that does not indicate what percentage, 169 ( 2011.! Is probably to not go, but I & # x27 ; m still about! Facts are not obligated to impose a remedy when no damage has resulted from party... Are highly professional and very supportive of our students & # x27 ; m curious. 40,000+ VOD, All French movies and TV series office in Chicago Illinois.

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