We reject Yusuf's misplaced reliance on Agha v. Feiner, 198 N.J. 50, 6364 (2009), in which the Supreme Court held that a medical expert cannot testify about a disputed MRI finding made by a non-testifying radiologist if the expert has no skill or competency to interpret such MRI films himself or herself. We rejected Yusuf's arguments. [18], All Saints University School of Medicine was accredited in 2019 by the ACCM (Accreditation Commission of Colleges of Medicine). The 4-Year MD program can be completed in 3 years and 4 months. Our holding is limited to the facts of this rather unusual case. FN11. ], [N.J.S.A. 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. Such assignees are entitled to receive distributions and allocation of income, gain, loss, deduction, or credit[. The trial judge was entitled to consider that opinion as competent proof. of Med. In particular, the court concluded, as to subsection 3(a), that plaintiffs had engaged in wrongful conduct that adversely and materially affected the LLC's business. 357, 379-81 (App. Having dissociated plaintiffs from the LLC pursuant to the statute, the trial court then attempted to fix an amount representing the fair value of their interests in the LLC. Paulpillai did not ordinarily sign checks on the CMB account, from which All Saints initially paid its operating expenses. Affiliations. Chilana established ASUMA's office in the basement of the building of his New Jersey medical practice. Deanna Gallant, Admission OfficerMs. Weiner was able to resolve this student's lawsuit. Student Government Fee If fees are not paid on time, de-registration may occur. Melissa Alexander, (China), Administrative Assistant, Dr. Suraj Parajuli, MBBS, MD (Kathmandu), (Associate Professor and Chair)Dr. Wisam Al-Hafidh, MBChB, FRCS (UK), ProfessorDr. Hence, if the students' tuition payments were not so applied, additional equity from the members would be needed to cover the expenses. That latter ruling left Chilana with a twenty-six and one-half percent interest in ASUMA and not the fifty-three percent interest he claims. Meanwhile, Chilana infused at least $250,000 in funds to All Saints since obtaining the other charter. All Saints University seeks applicants with demonstrated strong drive and desire to succeed and who are able to focus on the compassionate and the humanitarian aspects of the medical profession. They also opened an account at the Caribbean Mercantile Bank in Aruba (the CMB account) on behalf of All Saints. As a transfer student during the COVID pandemic, ASU smoothed my transition and welcomed me very warmly. All Saints faculty is comprised of highly qualified, experienced and committed professors. 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. However, as we have already noted, the LLCA does not mandate a forced sale of shares in the event of dissociation. We sustain the trial judge's analysis of these points. The RULLCA will not take effect until 180 days beyond that enactment date, which is March 18, 2013. In determining the fair value of Yusuf's ownership interest, the trial court appropriately considered the facts, including the undercapitalization of the school, from which it independently concluded that ASUMA has no proven value. This finding is supported by the lack of any credible evidence that the LLC had positive value as of the valuation date of July 31, 2008.19 Indeed, following trial, Paulpillai sold his interest in ASUMA to Yusuf for a mere $10. I want to thank the teachers at All Saints University, who helped in getting me to where Im at. I was presented with many opportunities that brought promising results. Meanwhile, Chilana infused at least $250,000 in funds to All Saints since obtaining the other charter. N.J.S.A. The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. Yusuf and Paulpillai were authorized to sign checks on both accounts. PETER SILBERIE, Defendant. These textual differences, on the whole, make it easier to justify dissociation under subsection 3(c) than 3(a). denied, 180 N.J. 354 (2004). Id. Without Chilana's capital infusion, including his loan that was not yet repaid by the time of trial, the record suggests that All Saints may well have failed. ] That e-mail apparently was copied to some of the teachers at All Saints. Students are given the option to choose one of the following specialties. All Saints University offers three different medical programs for their students. The trial judge concluded that Solomon's valuation opinion was not such an improper net opinion. Div. N.J.S.A. All Saints University School of Medicine, Dominica (ASUDOM) is a private medical school located in the Caribbean. Chilana counterclaimed for fraud, misappropriation of funds and corporate opportunity, breach of fiduciary duty, misconduct, and negligent misrepresentation. [20], All Saints University School of Medicine is chartered and recognized by the Government of the Commonwealth of Dominica. PAULPILLAI, Plaintiffs, and Learn more 5-Year MD Program Features: - Video lectures: Learn & review all relevant concepts faster, easier - Learning Material: Download a PDF of any lecture's slides for. All rights reserved. There's just so much to see and enjoy at ASC - I invite you to visit and experience it for yourself. Yusuf further contends that the court erred, as a matter of law, in declining to impose a remedy for such alleged breaches because they did not cause harm to the business. Terms & Conditions Sebring involved the dissolution of a partnership and dissociation of one of its partners under another statute, N.J.S.A. Moreover, the judge explained in detail his rationale for denying relief to plaintiffs. Work on the Warner Expansion is expected to continue in the course of the new year. The court appointed Richard H. Weiner, an attorney, as Special Fiscal Agent for the LLC. 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. Our opinion only clarified that the statute would not support it. Lastly, Yusuf argues that the court erred in accepting the defense expert's opinion that plaintiffs' shares in the LLC had no value. Yusuf now appeals. But no steps have been taken to make that theoretical possibility a reality. Two signatories were needed to authorize checks on the CMB account, which could be Silberie and at least one other director or Dean, including Chilana. We invite you to join us to discover an All Saints Education and realize your dreams of becoming a great physician. As of the time the parties' filed their appellate briefs, Chilana was still operating ASUMA and All Saints. of Med. PMID: 29853910. Chilana intended to inject the capital necessary to sustain the school only if plaintiffs were dissociated. Welcome Back! Yusuf rightly points out that the ongoing costs of the court-appointed fiscal agent, Weiner, and the interim chief operating officer, Glueck, were significant expenses that added to the financial strain on the school and the LLC. We note the adjective wrongful is not defined in the statute. On appeal, Yusuf fundamentally contests the trial court's denial of relief to him and Paulpillai and its grant of relief instead to defendants. . Id. See Angel v. Rand Express Lines, Inc., 66 N.J.Super. Yusuf and Dr. 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. We explained that our remand was "premised on the fact that the parties had stipulated to a buyout upon dissociation. 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. 703 (authorizing expert witnesses to rely on facts and data reasonably relied upon by others in the expert's field, even if such facts and data are not admitted as evidence).18. All Saints University School of Medicine offers 4-year (8 semesters) and 3-Year (6 semesters) Bachelor of Science degree programs in Nursing. Although we conceivably could remand these findings to the trial court for a more specific statement of reasons pursuant to Rule 1:74, such a remand is unnecessary because those findings of plaintiff's inadequate document production are not essential to the subsection 3(c) analysis. L. 2012, c. 50, 91, 95, and 96. Div. Although the term shall usually conveys a mandatory sense, we recognize that it sometimes is meant to have a non-mandatory meaning. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Quite the same Wikipedia. admissions@allsaintsuniversity.org Phone Number: 1-866-602-9555 School Details School Name: All Saints University School of Medicine School Email: admissions@allsaintsuniversity.org Address: 5145 Steeles Ave West Toronto, Ontario M9L 1R5 Canada Website: https://www.allsaintsuniversity.org Alternate School Names: Study medicine in St Vincent, practice in USA, Canada. Symeonides was ASUMA's company accountant, appointed by the Special Fiscal Agent, and thus a logical source for financial information. 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. Oct. 27, 2015) (slip op. [9] Citizens of Dominica automatically receive 50% scholarships. Send an admissions form. Yusuf.". He argues that it was inequitable for the court to deny plaintiffs relief for these alleged breaches of fiduciary duty. In particular, Solomon opined that the parties would need to provide additional equity contributions of $556,000, or the school would fail. The university has 2 campuses in Dominica and St. Vincent and the Grenadines. All Saints Univ. On April 22, 2008, Yusuf and Paulpillai, as plaintiffs, filed a verified complaint in the Chancery Division, alleging breach of fiduciary duty, breach of contract, and misappropriation against defendants, Chilana and Silberie, stemming from their alleged violations of the Operating Agreement. Although the record is suggestive that the immigration problems did indeed continue, this factual finding likewise is not critical to the statutory assessment under subsection 3(c) about whether it was reasonably practicable to carry on the LLC with plaintiffs. Ibid. English Articles. The University encourages its students to actively engage themselves in the community and to respond to the needs of those they serve. 42:2B24(b)(3). Courts are not obligated to impose a remedy when no damage has resulted from a party's allegedly wrongful acts. The program consists of 4 semesters of premedical courses, including Biology, General Chemistry, Organic Chemistry, Physics, Math, and Introductory Anatomy. 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. 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. The following month, Yusuf complained to Chilana by phone that he was violating Paragraph 7F of the Operating Agreement in co-signing checks with Silberie. 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). 42:2B24 does not cause Yusuf to give up or sell his economic interest in ASUMA. Yusuf countered that "`[t]he Chancery judge . How to apply to the university. Although Yusuf and Chilana have professional degrees, we refrain, solely for stylistic reasons and without any disrespect, from referring to them as Dr. No. You must be logged in to purchase credits. at 56061. Citations are also linked in the body of the Featured Case. at 42832; see N.J.S.A. By accessing and using this website, you consent to our use of cookies and our terms of use/privacy policy. Even so, in the absence of an operating agreement that speaks to the issues, the rights and obligations of members in an LLC must be controlled by the provisions of the LLCA. Superior Court of New Jersey, Appellate Division. Take the first step towards your medical degree with ASU. It was not a breach of fiduciary duty, thus viewed, and constitutes no basis for a claim of unclean hands nor any other impediment to the disassociation of the plaintiffs. 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. Problems Emerging With the Business and the Parties' Relationships. 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). Sign Up. All Saints University offers three different medical programs for their students. (London), (Associate Professor)Dr. Delia Graham, MD (Dominica), (Assistant Professor), Dr. Rachael Andrew, MD (Havana), (Associate Professor)Dr. Wisam Al-Hafidh, MBChB, FRCS (UK), ProfessorDr. Bank, 205 N.J. 150, 169 (2011). Id. 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. FN14. Finally, Silberie owned 220 shares, a twenty-two percent interest. 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. [10][11], The 5 Year MD Program is designed for recent high school graduates seeking direct admission into the study of medicine. Plaintiffs' counsel elicited testimony from Glueck on cross-examination regarding the income projections prepared by Symeonides. 42:2B24(b). There are a large number of foreign students: studying at All Saints, you can not only gain relevant knowledge, but also make friends around the world. This amount will be refunded upon completion of the course if no damages to slides and microscopes are incurred. None of the parties objected to this characterization of All Saints for purposes of the valuation..FN17. Realize your dreams of becoming a great physician at All Saints Dominica; a Great Place to Study and Graduate! 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. 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). FN5. Co-plaintiff Paulpillai has not participated in the appeal, nor has co-defendant Silberie. 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. We reject Yusuf's misplaced reliance on Agha v. Feiner, 198 N.J. 50, 6364 (2009), in which the Supreme Court held that a medical expert cannot testify about a disputed MRI finding made by a non-testifying radiologist if the expert has no skill or competency to interpret such MRI films himself or herself. ] See N.J.S.A. All Saints University School of Medicine is chartered and recognized by the Government of the Commonwealth of Dominica. 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). FN14. Login It also contains a more detailed section regarding the effect of a person's dissociation as a member. Solomon Karredula, MBBS (Nagarjuna), MD (Andhra), Associate ProfessorDr. Initially, Yusuf was the school's Secretary, Paulpillai the Treasurer, and Silberie the Chairman. Yusuf's argument ignores that Judge Contillo in 2009 determined the appropriate non-statutory remedy for Yusuf's breaches of his fiduciary duties and duty of loyalty to ASUMA was the forced sale of his interest to Chilana. Home / All Saints University School of Medicine. Chilana testified that, as of the time of trial, he had not been reimbursed for his emergency cash infusion..FN4. 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." The judge fairly concluded from the evidence that plaintiffs' claims of breach of duty, breach of contract, and misappropriation against defendants had not been sufficiently proven. at 430. The only issue on appeal remaining for our resolution is Yusuf's percentage ownership in ASUMA. And to the registrar, Dr. Guzin Dincel, thank you for always being a listening ear and for advocating for me when I needed it. Either your Login credentials are incorrect or your account has not been activated, http://www.allsaintsuniversity.org/Financials/Tuition-Fees. In his testimony, Chilana explained that the Smith Barney account had limitations because it was an investment account, so ASUMA needed a deposit account. He also complained that he was unable to get All Saints's financial statements for 2005 and 2006 from Yusuf and Paulpillai. I have determined that no evidence in the trial record justifies disassociating the defendants. Plaintiffs did not agree. All Saints University School of Medicine was founded in April 2006. Located in the city of Roseau of Dominica, the university has been named the best Caribbean Medical School. at 12-13. On December 15, 2008, the trial court entered an order amending its prior order of June 10, 2008 imposing preliminary restraints. 42:2B-24b does not compel the sale of the shares of a dissociated member," All Saints Univ. Added in 24 Hours. 1 Department of Anatomical Sciences, All Saints University School of Medicine, Roseau, Dominica. FN15. See Wilkins v. Hudson County Jail, 217 N.J.Super. [14][15] The program consists of 2 years in basic sciences that are conducted at the Dominica campus. 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. Yusuf testified that he was not given the password to access the new Google account, and thus he could not monitor it. Analytical Chemistry Laboratory 2. Chilana offered to contribute that needed equity if the court ousted Yusuf and Paulpillai from operating All Saints and ASUMA. On the same date, the principals of All Saints entered into an agreement with the government. Visit Web Page. 2425-13, supra, slip op. FN4. We concluded in our 2015 opinion after reviewing the record that we could not "find that Judge Contillo considered Yusuf's breaches of his fiduciary duties and duty of loyalty on remand and determined not to deprive Yusuf of his shares on that basis." Furthermore, a waiver of a known right must be clear, unequivocal, and decisive. Admission into the 4-year program requires a Bachelor Degree or completion of at least two years of post secondary education, which must include successful completion of premedical admission requirements such as: Biology - 90 semester hours Chemistry - 90 semester hours Physics - 90 semester hours and one year of Mathematics or Calculus, English and Humanities or Liberal Arts. ALL SAINTS UNIVERSITY OF MEDICINE, ARUBA, ASUMA LLC and RICHMOND. To the contrary, Solomon explained at length the whys and wherefores underlying his ultimate opinion that All Saints and ASUMA had no positive value. 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. Yusuf to give up or sell his economic all saints university school of medicine joshua yusuf in ASUMA funds and corporate opportunity, of... That Solomon 's valuation opinion was not given the option to choose one of its partners under another statute N.J.S.A! ' filed their appellate briefs, chilana infused at least $ 250,000 in funds to All Dominica! Only issue on appeal remaining for our resolution is Yusuf 's percentage ownership in ASUMA and not fifty-three! It also contains a more detailed section regarding the effect of a person dissociation. 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