in Chemistry with a minor . 221 (E. & A. at 22). Consists of 4 semesters (one year four months) of General Sciences completed on campus and 3 semesters (1 year) of Public Health courses completed online. He was a student and faculty member teaching biochemistry at St. James School of Medicine in the Dutch Antilles, where he met Paulpillai, an admissions administrator there. However, on appeal, the parties do not challenge the trial court's finding that the agreement qualified as such under that statute. 42:2B66(a) instructs, the LLCA is to be liberally construed to give the maximum effect to the principle of freedom of contract and to the enforceability of operating agreements.. 4 -YEAR MD PROGRAM Welcome to ASUSM Lecturio, your online academy. In his testimony, Chilana explained that the Smith Barney account had limitations because it was an investment account, so ASUMA needed a deposit account. Subsection 3(a) also requires actual harm to the enterprise, demanding proof that the member has committed wrongs that already have adversely and materially affected the LLC's business. So I'm not going to sanction. The parties attempted that day to reach agreement on a method to save All Saints, pending trial. He did not recruit faculty, staff, or students for the third school. The context here, involving a financial valuation expert relying upon the input of a company accountant and the company's principals, is fundamentally different. _____ Submitted December 5, 2011 Decided December 24, 2012 Read more at www.mcdlaw.us or www.newjerseybusinessdissolution . How to apply to the university. The June 2007 directors' meeting ended with persisting conflict between Silberie, on the one hand, and Yusuf and Paulpillai, on the other. Dipti Sharma, B. Pharm (Jalandhar), Associate Registrar (Clinical Affairs)Mrs. Pritam Shahukar, MSc. ASU College of Medicine has provided an extremely supportive environment for me during the years of my medical education, as well as throughout the complex process of applying for residency in the U.S. Elective rotations can be arranged in various other states and are also available in other countries such as Canada, the U.K, and the Caribbean. Chilana could not become Treasurer because, pursuant to the Articles, that title rotated only among the founding members every two years. We sustain the trial judge's analysis of these points. However, such a potential solution was not an alternative here, because the Operating Agreement forbids such a forced sale. The email address cannot be subscribed. A-2628-09T1 ALL SAINTS UNIVERSITY OF MEDICINE ARUBA; ASUMA LLC; and RICHMOND PAULPILLAI, Plaintiffs, and JOSHUA YUSUF, Plaintiff-Appellant, v. GURMIT SINGH CHILANA, Defendant-Respondent, and PETER SILBERIE, Defendant. Because of that silence, the LLCA applied to the parties by default. Come learn about our programs; meet our faculty, alumni, and students; and realize the affordability of an accredited medical institution. at 12-13. 42:132(1)(d) provided that the judicial dissolution of a partnership is justified when a partner so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business partnership with him[. Chilana further testified that both the CMB and Smith Barney accounts had not opened up prior to this litigation. island of St. Vincent. N.J.S.A. 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. Co., 50 N.J.L. 1988). The court specified that students' tuition for the next semester could not be used to pay the business's current expenses. Meanwhile, Yusuf and Paulpillai each owned 265 shares, together controlling fifty-three percent of All Saints. PAULPILLAI, Plaintiffs, and The charter 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. He has acted consistent with his fiduciary obligations both in his dealings with the other members, the students, and the Aruban government, and the administration and faculty of the medical school. A-2425-13 (App. Although the Operating Agreement bars shareholder(s) from buy[ing] out other shareholder(s), that provision is contained in the paragraph allocating shares to the parties in All Saints, but not in ASUMA. All Saints University College of Medicine offers the following programs: ASU SVG offers rolling admission with semester start dates in January, May and September. To facilitate the application process, plaintiffs hired Silberie, whom they also had met at St. James, to establish a link with the Aruba government. By consent order on June 10, 2008, the trial court vacated the temporary restraints and imposed new preliminary restraints delineating the rights and obligations of the parties to manage ASUMA and All Saints, pending trial. According to an e-mail sent by Yusuf on or about March 16, 2008, this revised authorization resolved the access problems with the Smith Barney account. 42:2B24(b)(3). 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. Yusuf countered that "`[t]he Chancery judge . of W. Windsor v. Nierenberg, 150 N.J. 111, 13233 (1997); Caldwell v. Haynes, 136 N.J. 422, 432 (1994). The RULLCA will not take effect until 180 days beyond that enactment date, which is March 18, 2013. 6, 18802 because it had no office, no operating revenue, and no prospects of equity or debt infusion. Id. See Angel v. Rand Express Lines, Inc., 66 N.J.Super. To show their continued support and desire to invest in the country, the All Saints University School of Medicine made a donation to the Government of Dominica in the amount of $100,000ECD to help Dominicans with relief efforts. Yusuf testified that he was not given the password to access the new Google account, and thus he could not monitor it. Sebring held that a partner's failure to make capital contributions to a partnership in breach of the partnership agreement warrants dissolution of the partnership and the consequent expulsion of that partner. It was not an easy road but their guidance and advice did come a long way. Yusuf subsequently appealed the final judgment to this court. He also changed the online method for students to pay their semester tuition to All Saints from PayPal to Google, because the Google system was substantially cheaper. Upon successful completion of Basic Medical Sciences in Dominica, students may elect to complete their core and elective clinical clerkships at any of our affiliated teaching or ACGME-accredited hospitals in the United States and Canada. All Saints Univ. Chilana testified that, as of the time of trial, he had not been reimbursed for his emergency cash infusion. The judge also concluded, based upon the unrebutted testimony of defendants' financial expert, that plaintiffs' shares in the LLC had no value. The judge similarly detailed his reasons for rejecting plaintiffs' contentions of breach of fiduciary duty concerning the check-signings: The secondary allegation against Chilana is that he breached his fiduciary duty by signing checks in violation of an agreement he had with the foundation, by opening additional bank accounts, paying unauthorized expenses and changing the on-line payment system. Even so, a decision to tender his shares remains up to Yusuf. 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. ALL SAINTS UNIVERSITY OF MEDICINE v. YUSUF. 1889). ] However, no evidence was presented about the number of students who were in such limbo, whether they intended to return, or if they did, when they would return. LEXIS 7 (Del. at 46(e)(1)-(3). 414 (App.Div. 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. 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). 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. ; Show all languages. Outpatient Locations. 42:2B39. Ibid. FN17. 2425-13, supra, slip op. [10][11], The 5 Year MD Program is designed for recent high school graduates seeking direct admission into the study of medicine. Yusuf moved for reconsideration, reiterating his contention that we had determined in our 2012 opinion that the "Agreement between All Saints University of Medicine Aruba Foundation and Dr. Gurmit Chilana," which the parties treated as an operating agreement for ASUMA, barred a forced sale. Referring to the 2010 judgment, the judge wrote that he believed he was "severing Dr. Yusuf's interest . Aruba v. Chilana, No. The defendants Chilana and Silberie have not been shown to have engaged in any material misconduct which has adversely and materially affected the business of the LLC. Provides Quality Education and An Invaluable Experience, Accelerated (4-6 Semesters) Nursing Deegree Program, Bachelor of Health Sciences (Diagnostic Medical Imaging), Bachelor of Health Sciences (Medical Laboratory Technology). We agree. 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. Oct. 27, 2015) (slip op. Added in 24 Hours. Yusuf concedes Judge Contillo could have ordered a forced sale of his interest in ASUMA, notwithstanding any provision of the Operating Agreement. They also opened an account at the Caribbean Mercantile Bank in Aruba (the CMB account) on behalf of All Saints. I appreciate you all for your work. tit. Following a six-day bench trial, the Chancery judge ordered that Yusuf and Paulpillai be expelled from the LLC, upon finding that they had engaged in conduct authorizing such judicial dissociation, pursuant to both subsections 3(a) and 3(c) of N.J.S.A. Our focus here is upon N.J.S.A. 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. We are mindful that the parties, apparently based upon off-the-record discussions that are not fully explained in the trial transcripts, stipulated to a July 31, 2008 valuation date for plaintiff's shares. Solomon testified that Symeonides provided him with adequate backup for the numbers used. at 430. Following a six-day trial in 2009, Judge Contillo found defendant-counterclaimant Gurmit Singh Chilana proved plaintiffs Joshua Yusuf and Richmond Paulpillai had breached their fiduciary duties and duty of loyalty to ASUMA, a New Jersey limited liability company they formed in 2007 to manage the medical school formerly known as All Saints University of Medicine, Aruba, and entered judgment for Chilana on the derivative count of his counterclaim. I believe their support and commitment to high quality medical education has played an integral role in my development and progress as a physician. On September 11, 2008, the court entered another consent order expanding Glueck's authority as interim chief operating officer, which specifically outlined his responsibilities. Each medical school is completely autonomous in reaching its own admission decisions. All Saints Univ. Although Yusuf and Chilana have professional degrees, we refrain, solely for stylistic reasons and without any disrespect, from referring to them as Dr. Yusuf further argues that the harsh statutory remedy of dissociation is not automatic, nor is it appropriate here because, in his view, the judge essentially and improperly rewrote the terms of the LLC's Operating Agreement. To apply to All Saints University School of Medicine follow these steps. That agreement was contingent on Chilana successfully dissociating plaintiffs from ASUMA.8, The trial took place over six intermittent days in September 2009. Aruba v. Chilana, No. The tax problem apparently was tied to the school's ability to obtain student and teacher visas from the Aruba government. Beside MD Degree programs, we offer 4-year (8 semesters) and 3-year (6 semesters) Bachelor of Science degree programs in Nursing. Solomon declined to consider Chilana's 2007 purchase of his shares in All Saints as such a similar transaction, because that $500,000 purchase price did not derive from a financial valuation conducted prior to the sale, but rather had resulted from the parties' negotiations. [20], All Saints University School of Medicine is chartered and recognized by the Government of the Commonwealth of Dominica. 42:2B24(b)(3)(a) and (c). at 42832; see N.J.S.A. Alternatively, they instructed the bank to honor only the checks signed by these four combinations of ASUMA members: (1) Chilana and Yusuf; (2) Chilana and Paulpillai; (3) Silberie and Paulpillai; and (4) Silberie and Yusuf. Take the first step towards your medical degree with ASU. All Saints University Dominica - School of Medicine REALIZE YOUR DREAMS! at 47. We affirmed the judgment dissociating Yusuf, rejecting his appeal. Indemnity/Malpractice Insurance During Clinical Rotations The trial judge was free, in his discretion, to rely on Solomon's unrebutted expert opinion. Co-plaintiff Paulpillai has not participated in the appeal, nor has co-defendant Silberie. Learn more 5-Year MD Program Therefore, as of July 31, 2008, Solomon concluded that ASUMA and All Saints had zero net equity.17. Meanwhile, in February 2010, Paulpillai entered into an agreement conveying his interest in ASUMA to Yusuf for the sum of $10. It also contains a more detailed section regarding the effect of a person's dissociation as a member. No shareholder(s) can buy out other shareholder(s).. However, the court noted in its opinion that the parties had stipulated to July 31, 2008, as the applicable valuation date. To determine value Solomon relied on data and income projections supplied by Symeonides, as well as student enrollment trends. Final determinations made by the trial court sitting in a non-jury case are subject to a limited and well-established scope of review[. 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[. Send an admissions form. 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. 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. Interested in having your medical school participate in UMCAS? The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. Academic Programs Program Information The General Science and Basic Science phases of all programs are conducted on campus in St. Vincent & the Grenadines. All Saints University School of Medicine offers 4-year (8 semesters) and 3-Year (6 semesters) Bachelor of Science degree programs in Nursing. Despite their ongoing conflict over check-signing authority on the Smith Barney account, on August 14, 2007, the parties agreed to a new arrangement for the authorized signatures as to the CMB account, which could be any two principals, including the combination of Chilana and Silberie. View Residency . _, _ (App.Div.2012) (slip op. As we have already noted, the court found two alternative grounds for dissociating plaintiffs from ASUMA: first, N.J.S.A. It also contains a more detailed section regarding the effect of a person's dissociation as a member. At the time, he was twenty months away from obtaining his medical degree. At any time, you can request to be removed from participating in the Find a Center Tool and any options you selected by calling SPRAVATO REMS at 1-855-382-6022 . In addition, the school's immigration problems were persisting, apparently because All Saints either did not pay or had been late in paying its taxes.5. fully considered the common law breaches and decided not to deprive Yusuf of his shares' on that basis." The Articles required the Treasurer to conduct [] the financial management of All Saints. Plaintiffs supplied the academic records of one of those students to Weiner, but those records were incomplete. Chilana and Silberie established the Aruba University of Medicine Foundation. Our Faculty Members are highly professional and very supportive of our students' academics and well-being. In February 2008, plaintiffs sent a letter to Smith Barney on All Saints letterhead and, relying on their combined majority interest in ASUMA, directed Smith Barney not to honor checks signed only by Chilana and Silberie. The Dean of All Saints, Lakhinder Kanwar, referred Yusuf to Chilana, an obstetrician and gynecologist licensed in New Jersey and practicing in Paterson. Please try again. 387, 394-95 (App. He does not, however, identify any flaws in Judge Contillo's remand order, with the exception of the judge's finding regarding the non-alienability of Paulpillai's shares post-judgment. All Saints University offers three different medical programs for their students. On June 12, 2009, the court granted that request. Div. Stay up-to-date with how the law affects your life. However, that perception was apparently inaccurate. St. Vincent and the Grenadines has launched its COVID-19 National Vaccination Drive. Meanwhile, plaintiffs contributed no funds, and Paulpillai advised teachers, by copying them on an e-mail, that defendants were solely to blame for the financial crises. On November 20, 2008, Chilana filed an emergent application requesting the trial court to declare plaintiffs judicially dissociated from ASUMA, pursuant to N.J.S.A. at 3, we, in effect, vacated Judge Contillo's chosen statutory remedy for the judgment Chilana secured against Yusuf on derivative count five of the counterclaim. I consider myself privileged to have had the opportunity to work with them. of Med. Credit Union, 199 N.J. 381, 397 (2009). 42:2B24. Indeed, there is no provision in the final judgment ordering such a tender. Div. . An expert must give the why and wherefore of his or her opinion, rather than a mere conclusion. All Saints University was founded by a group of dedicated medical and business professionals, all of whom had over 20 years of experience in medical education. But the determination is that based on this record they've converted these moneys to their own purposes, and they have done so in [derogation] of the entity that should have received the moneys. We further clarify that, despite what the parties and the trial judge may have otherwise assumed, N.J.S.A. Pomerantz, supra, 207 N.J. at 372. Lisa Lafond, (St. Lucia) Assistant Registrar of AcademicsMs. Here, that presumptive date would have been the date of the final order of January 6, 2010. Meanwhile, Chilana, a minority shareholder, infused a substantial amount of his personal funds to pay the medical school's expenses and to prevent its closing. Alternatively, plaintiffs could have retained their economic interests in the LLC as passive assignees. Here, the parties failed to include an alternative procedure in the Operating Agreement to govern the involuntary dissociation of the LLC's members. Ibid. [8], Medical programs are open to national and international students. Dr. Joshua Jeffs is the manager for instructional laboratory instrumentation in the School of Molecular Sciences at Arizona State University (ASU). 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. We explained that our remand was "premised on the fact that the parties had stipulated to a buyout upon dissociation. Lastly, Silberie assisted students with the immigration process, as the school's Director of Internal Affairs. The enforceability of this agreement is unclear. Natural Med., Inc. v. N.J. Dep't of Health & Senior Servs., _ N.J.Super. of Med. FN9. All Saints University is located at Hillsborough St, Roseau, Dominica . Plaintiffs' refusal to infuse vitally-needed funds, to address an emergency that they themselves sparked in their contacts with the banks, reasonably satisfies the not reasonably practicable standard for dissociation set forth in N.J.S.A. The University opened its doors to 28 new students in April 2006 to provide students a better approach to educating the next generation of physicians at affordable fees. We accord considerable deference to the discretion of the judges who make such equitable rulings. Location Hillsborough Street Roseau, Commonwealth of Dominica. [9] Citizens of Dominica automatically receive 50% scholarships. As of the time the parties' filed their appellate briefs, Chilana was still operating ASUMA and All Saints. We disagree. Initially, Yusuf was the school's Secretary, Paulpillai the Treasurer, and Silberie the Chairman. Every semester has an examination fee of US $90 per pre-med semester and USD $150 per basic medical science semester. The "Aruban law" argument is, in any event, beside the point as Yusuf does not challenge the Chancery court's power to compel a forced sale of Yusuf's interest in ASUMA for his breaches of fiduciary duties and duty of loyalty, notwithstanding any term of the Operating Agreement. Yusuf further argues that the trial court erroneously blamed plaintiffs for allowing immigration problems at All Saints to fester, even though the March 2007 incident with armed Aruba immigration authorities preceded the LLC's formation by more than a year and student enrollment continued thereafter. ), rev'd on other grounds, 196 N.J. 502 (2008). After the medical school developed a host of financial and other problems, litigation over the entity's operations ensued in the Chancery Division involving the LLC's four shareholders, plaintiffs Joshua Yusuf and Richmond Paulpillai, and defendants Gurmit Singh Chilana and Peter Silberie.1 The trial court appointed a fiscal agent to oversee the LLC's affairs. Although the trial judge was unpersuaded by that contention, we need not decide ourselves whether plaintiffs' actions and inactions met the wrongfulness test of subsection 3(a). Phoenix, AZ 85013. Cf. AUSSOM, the perfect medical college for students with a passion for medicine. The LLC in Fisk was in dire financial condition, with no reasonably practical means to operate its business, and had a deadlocked board of directors. Terms & Conditions Laboratory Medicine Student government fee of US$ 150 student government fee is to be paid annually at the beginning of the academic year or semester at US$50 per semester. ), certif. He further contends that the trial judge abused his discretion here in ordering dissociation. 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. FN10. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. 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. 2628-09, supra, slip op. 100. Oct. 27, 2015) (slip op. See Fortugno v. Hudson Manure Company, 51 N.J.Super. Chilana testified that, as of the time of trial, he had not been reimbursed for his emergency cash infusion. Although the record is murky on the point, it does not appear that the parties stipulated to a voluntary sale of shares in the event of judicial dissociation. Significantly, plaintiffs did not offer any expert testimony to substantiate Yusuf's position that All Saints would generate profit at approximately $580,000, a figure which contradicted Solomon's analysis. Chilana began to pay All Saints's expenses from the Citibank account. 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). Silberie was an authorized signatory only on the CMB account. I am so glad to be part of the 82 International Medical graduates that matched into Obstetrics and Gynecology in the 2022 Match. Returning students are required to pay tuition fees one month prior to the beginning of the semester or else a $250 late payment fee will be charged. See N.J.R.E. (London) (Adjunct Professor)Dr. Andrii Puzyrenko, MD PhD (Kiev), Adjunct Associate Professor, Dr. Olugbenga Morebise, PhD (Ibadan), (Professor and Chair) Dr. Festus Adu DVM (Kiev), MSc. FN12. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. On cross-examination, Solomon acknowledged that his income projections did not include all of the students from All Saints who may have been in limbo, that is, those who hadn't come back yet for their clinical rotation[. FN14. Our holding is limited to the facts of this rather unusual case. 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." 42:2B24 does not cause Yusuf to give up or sell his economic interest in ASUMA. When, however, Judge Contillo could not find on remand that the parties had stipulated to a buyout with the knowledge that the statute did not compel a forced sale, or that we gave him leave to reconsider the remedy in light of our clarification of the law, Yusuf obtained a windfall. This program includes 4 semesters of premedical courses, including those listed above. 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..FN12. Agreement qualified as such under that statute monitor it court specified that students tuition... An integral role in my development and progress as a member and Smith Barney accounts had not reimbursed... 150 per basic medical science semester road but their guidance and advice come! ' tuition for the third school staff, or students for the next semester could not become Treasurer,... 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The sum of $ 10 381, 397 ( 2009 ) on June 12, 2009, the judge that. ( st. Lucia ) Assistant Registrar of AcademicsMs a method to save All Saints become because. 2011 Decided December 24, 2012 Read more at www.mcdlaw.us or www.newjerseybusinessdissolution shareholder ( s ) co-defendant Silberie b (. Has not participated in the Operating agreement plaintiffs could have retained their economic interests in the 2022 Match ASUMA... Cmb and Smith Barney accounts had not been reimbursed for his emergency cash infusion school is completely in! Effect until 180 days beyond that enactment date, which is March 18 2013! In reaching its own admission decisions 's current expenses ; and realize the affordability of accredited! Tender his shares remains up to Yusuf integral role in my development and progress as a foundation on 12... Of All Saints, pending trial support and commitment to high quality medical education has played integral... Passion for Medicine noted in its opinion that the trial took place over six days... A forced sale and realize the affordability of an accredited medical institution up prior to this.. Forbids such a potential solution was not an easy road but their guidance advice!
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