all saints university school of medicine joshua yusuf

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. of Med. Hence, no valuation of plaintiffs' shares in the LLC was necessary unless plaintiffs, once dissociated, elected to have their shares valued and to tender them to defendants. Chilana, meanwhile, straddled a middle position at that time, siding with neither camp. That agreement was contingent on Chilana successfully dissociating plaintiffs from ASUMA.8, The trial took place over six intermittent days in September 2009. Take the first step towards your medical degree with ASU. An academic year at All Saints consists of 3 semesters. The order also enjoined plaintiffs, pending trial, from participating in the day-to-day affairs of ASUMA and All Saints. On November 10, 2004, the Aruba government granted MEERC's application for a charter to establish All Saints University of Medicine (All Saints). We note that defendants' appellate brief similarly focuses upon the application of subsection 3(c), with little discussion of the proofs or legal analysis relating to subsection 3(a). Our Faculty Members are highly professional and very supportive of our students' academics and well-being. Given this delayed effective date, the change in the statutory scheme has no effect on the issues in the present appeal. 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. Given the murky genesis of that stipulation, it is possible that the parties may have entered into it with a mistaken assumption that dissociation under the statute would compel the dissociated members to tender their shares to the remaining members, regardless of whether they wanted to do so. The government also agreed to issue no more than two charters for a medical school in the country. L. 2012, c. 50, 91, 95, and 96. Relying on the valuation testimony presented at trial that the value of the entity was zero in September 2009 and ASUMA's tax returns for 2008 and 2009 showing losses of $50,000 and $209,070 respectively, Judge Contillo determined ASUMA still was without value as of January 6, 2010. 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. 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. Phone: (602) 914-1520. 42:2B-44, with no right to participate in the management in the business and affairs of the LLC.". Yusuf, but not Paulpillai, appealed. Although Yusuf and Chilana have professional degrees, we refrain, solely for stylistic reasons and without any disrespect, from referring to them as Dr. As for the valuation date used, the court in Denike v. Cupo, 394 N.J.Super. 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. 42:2B24(b)(3)(a) and N.J.S.A. We do so based solely upon subsection 3(c) of the statute, without the need to reach the separate grounds cited under subsection 3(a). Getting your medical school on UMCAS leads to more student interest, increased exposure, added credibility and a whole lot more. At some point in July or August 2007, Chilana opened a deposit account (the Citibank account) for the LLC, which Chilana believed was with Yusuf's consent. PMID: 29853910. But, regardless of whether that justification applies, the reality is that plaintiffs' objections did lead to the accounts being frozen, at a time when the school's operations vitally needed access to these accounts. of Med. Although Glueck agreed with that arithmetic, he disagreed with plaintiffs' inclusion of revenue from fifteen students who were scheduled to graduate soon. ] In re Trust Created By Agreement Dated December 20, 1961, 194 N.J. 276, 284 (2008) (quoting Rova Farms Resort, Inc. v. Investors Ins. Analytical Chemistry Laboratory 2. 42:2B24(b)(3) of the New Jersey Limited Liability Company Act (LLCA), N.J.S.A. at 42832; see N.J.S.A. 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. . To pursue that objective, Yusuf suspended his medical education. Offering one of the most affordable medical school tuition fee structures and a scholarship program, Take the First Step Towards Your M.D. Accelerated (4-6 Semesters) Nursing Deegree Program, Bachelor of Health Sciences (Diagnostic Medical Imaging), Bachelor of Health Sciences (Medical Laboratory Technology), Allsaints Have Remained Etched In My Memory, Grateful For The Continued School Support, FULL APPROVAL / ACCREDITATION granted for Nursing Programs at All Saints University School of Medicine, Dominica, Dr. Stanley John White named Dean of Basic Science Campus, All Saints University, Dominica, 5 Ways to Improve Your Chances of Getting Matched. Please try again. 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. On the same date the parties executed the Operating Agreement, they also signed paperwork opening an account for ASUMA at Smith Barney (the Smith Barney account). 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. All Saints University offers three different medical programs for their students. 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. Ibid. 42:132(a)(d). The five year MD program is designed for high school graduates intending to obtain a MD Degree. Press "Apply now" button. Yusuf maintains that he and Paulpillai were justified in trying to prevent Chilana from co-signing checks solely with Silberie, which appeared to be in violation of the Operating Agreement. He erred only in assuming that either the parties had stipulated to a buyout, or that N.J.S.A. We note that the new statute uses similar, but not identical, provisions as the LLCA concerning dissociation by judicial order. at 12). and Financial Aid OfficerMrs. That tribunal credited the Chancery judge's findings, and held that those findings established under Aruba law that plaintiffs had engaged in the (financial) mismanagement of All Saints, which justified their removal from the Board. Moreover, the judge explained in detail his rationale for denying relief to plaintiffs. Solomon did acknowledge that he took Symeonides's general ledger at face value due to Symeonides's reputation, but he did not do the same with Symeonides' income projections. 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. Chilana testified that, as of the time of trial, he had not been reimbursed for his emergency cash infusion..FN4. Symeonides had been retained by Weiner. 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. 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. Support Most iptv box. 42:2B-24b does not compel the sale of a dissociated party's interest. See Pheasant Bridge Corp. v. Twp. In the wake of the venture's persisting problems, the trial court did not abuse its discretion in ordering dissociation under N.J.S.A. 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. Chilana established ASUMA's office in the basement of the building of his New Jersey medical practice. FN19. Chilana appealed, arguing the Chancery judge too narrowly construed the remand order to preclude consideration of an equitable remedy for Yusuf's breaches of his common law fiduciary duties and duty of loyalty. 1. 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. (Ife), PhD (Vancouver) (Professor)Dr. Kayode Oyediran, MBBS (Ibadan), FMC Path (Assistant Professor), Dr. O. Oleksiiv, MD (Ukraine), (Associate Professor and Chair)Dr. Paul Issa, MD (Dominica), PGDip. Alternatively, plaintiffs could have retained their economic interests in the LLC as passive assignees. We note the adjective wrongful is not defined in the statute. 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. Laboratory Medicine Come learn about our programs; meet our faculty, alumni, and students; and realize the affordability of an accredited medical institution. Sebring, supra, 347 N.J.Super. at 47. Had there been no stipulation, we would have remanded for the court to consider the question of remedy anew. With hundreds of students on the campuses and several hundreds more in clinical clerkships throughout the United States, Canada and around the world, All Saints University is the medical school to attend and will confidently provide students with the knowledge needed to thrive in their medical career. The Operating Agreement provided that the authorized signatories on the Smith Barney account could include Chilana, plus either Yusuf or Paulpillai, but not Silberie. 42:2B24(b)(3)(c) for dissociation. As for the second student, she obtained a default judgment in Canada against All Saints, after serving her complaint on plaintiffs. FN2. Just better. FN13. Dec. 24, 2012) (slip op. Yusuf maintains that several of the court's factual findings lack support in the record, specifically including findings that plaintiffs (1) improperly withheld financial documents relating to the operations of the LLC and MEERC; (2) failed to provide documentation of student grades, courses, and credits; (3) caused a deadlock over the handling of the Smith Barney and CMB bank accounts, resulting in those accounts being frozen; (4) permitted immigration problems to fester; (5) failed to make adequate funding available to the school and misused current student funds to meet past defaulted obligations; and (6) engaged in conduct that brought the school to the brink of collapse and threatened its future viability. [26], Learn how and when to remove these template messages, "All Saints University School of Medicine", Learn how and when to remove this template message, reliable, independent, third-party sources, Presence Our Lady of the Resurrection Medical Center, Accreditation Commission of Colleges of Medicine, Government of the Commonwealth of Dominica, International Medical Education Directory, Educational Commission for Foreign Medical Graduates, Foundation for Advancement of International Medical Education and Research, "Overview of For-Profit Schools in the Caribbean", "Assessment of the Opportunities for the CARIFORUM Health and Wellness Sector", "All Saints University Promised Land at White Coat Ceremony", "38 receive white coats from All Saints University", "Canadian Students Studying Medicine Abroad", "Medical Doctor 4-Year Program, All Saints University", "All Saints University Medical School holds White Coat Ceremony", "Medical School Clinical Rotations | All Saints University", "ACGME - Accreditation Data System (ADS)", "All Saints University School of Medicine Dominica", "Overseas medical qualifications which may be accepted by the GMC", "Opportunities for Trading Education Services", "HINARI Participating Academic Institutions", All Saints University School of Medicine official site, https://en.wikipedia.org/w/index.php?title=All_Saints_University_School_of_Medicine&oldid=1117455729, This page was last edited on 21 October 2022, at 20:34. Improved in 24 Hours. The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. ] N.J.S.A. That same month, Yusuf similarly told CMB that checks signed only by Chilana and Silberie were unauthorized, and that CMB should only honor checks that were also signed by either Paulpillai or Yusuf. 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. Although plaintiffs initially had sought dissociation of defendants from the LLC, Yusuf has not sought such a remedy on appeal..FN15. All Saints University Dominica - School of Medicine REALIZE YOUR DREAMS! An authorization to that effect was signed by all the parties except Silberie. We therefore sustain the trial judge's denial of relief to plaintiffs on their affirmative claims. He argues that the court erred in concluding that the proofs warranted the dissociation of Paulpillai and him from the LLC under N.J.S.A. Graduation Fee 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. I want to thank the teachers at All Saints University, who helped in getting me to where Im at. While the deadlock persisted, the teachers and staff nearly quit, after threatening to expose the parties to potential liability under Aruba labor laws. FN15. 100. 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. It also contains a more detailed section regarding the effect of a person's dissociation as a member. As a result of these accounts being frozen, the parties had difficulty paying teacher salaries, rent, and taxes. 458, 467 (App.Div.2001) (noting, by analogy, that proof of the proximate causation of damages is an element of a malpractice cause of action alleging breach of fiduciary duty by an attorney). Id. We do not retain jurisdiction. Citations are also linked in the body of the Featured Case. The judge rightly concluded that judicial dissociation under N.J.S.A. Type Private medical school President Joshua Yusuf Phone +1 866-602-9555 . 2425-13, supra, slip op. 42:2B44 while being dissociated from the entity's management and operations. All Saints University offers three different medical programs for their students. Realize your dreams of becoming a great physician at All Saints Dominica; a Great Place to Study and Graduate! FN17. ), certif. The enforceability of this agreement is unclear. (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. Degree with ASU. [2] The schools' campus is in Roseau, Dominica, and is administered from Toronto, Ontario. However, on appeal, the parties do not challenge the trial court's finding that the agreement qualified as such under that statute. Solomon also apparently requested to speak with plaintiffs, but he was unable to do so. Call us now to speak to our Admissions Department. We recognize that the LLCA does afford members of an LLC wide discretion to define their relationship, by allowing members to establish the LLC's structure, and to contract for their rights and obligations through the express terms of an operating agreement. 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. FN18. 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). 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. Contact us. 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. Learn more 5-Year MD Program The waiver of a legal right must be effective. FN7. What it Takes to be a Doctor- by Mirela Uruc.An interview of my fellow medical students and professors at All Saints University School of Medicine in Dominica. Indemnity/Malpractice Insurance During Clinical Rotations At trial, Weiner (the fiscal agent) and Glueck (the chief operating officer) each testified about the host of management and financial problems persisting at All Saints. The University has branded under a new name to reflect its new management and ownership! All Saints University offers three different medical programs for their students. As an alternative argument, Yusuf asserts that even if the factual record is deemed adequate to meet the criteria of dissociation under N.J.S.A. Id. I'm not going to order moneys to be paid. Default judgment was subsequently entered against Silberie, who did not file any responsive pleadings to the lawsuit. We sustain the trial judge's analysis of these points. 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. 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). Testimonial - All Saints University has given me an opportunity that has changed my life completely. 42:2B-24b does not compel the sale of the shares of a dissociated member." All Saints Univ. They also opened an account at the Caribbean Mercantile Bank in Aruba (the CMB account) on behalf of All Saints. Silberie, meanwhile, complained that some students from All Saints had transferred to a Dominican medical school, known as All Saints University of Medicine, Dominica, in which Paulpillai and Yusuf owned a combined eighty-percent interest. 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. Had, of course, defendants acted on that third charter and opened up a competing medical school16 while All Saints was still in operation, such competitive action would surely have had different legal implications. [9][23] The institution is also recognized by the Educational Commission for Foreign Medical Graduates (ECFMG), Foundation for Advancement of International Medical Education and Research (FAIMER), and the World Health Organization (WHO). In its oral opinion, the court described plaintiffs' failure to provide the tuition-related records as outrageous, a farce, contemptuous, and evasive. Specifically, the court ruled that: [T]here will be an inference that [Yusuf and Paulpillai] have converted the money for the entity for their own purposes. We note the adjective wrongful is not defined in the statute. Superior Court of New Jersey, Appellate Division. The LLC was formed in connection with the operations of a fledgling medical school in Aruba. Click on the case name to see the full text of the citing case. Given this delayed effective date, the change in the statutory scheme has no effect on the issues in the present appeal. 42:2B39, rights of an assignee of a member's limited liability interest). Accordingly, the claim of breach of fiduciary duty falls. Alumni Mentorship Program Meeting Sessions this week! By signing up you are agreeing to our Terms of Service. We note that defendants' appellate brief similarly focuses upon the application of subsection 3(c), with little discussion of the proofs or legal analysis relating to subsection 3(a). We invite you to join us to discover an All Saints Education and realize your dreams of becoming a great physician. Rather, the member suffers through dissociation the loss of his or her management rights, but is entitled to retain an interest in the LLC as an assignee, preserving the right under N.J.S.A. 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. Whether or not plaintiffs' conduct concerning the bank accounts was wrongful under subsection 3(a), the trial court clearly had a reasonable basis under subsection 3(c) to consider those confrontational actions as indicia that it would not be reasonably practicable for the company to carry on with plaintiffs continuing as members, in the wake of the school's financial crisis. 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. Ibid. The order of final judgment is affirmed, subject to the caveat concerning the sale of plaintiffs' shares discussed in Part III of this opinion. They haven't. The context here, involving a financial valuation expert relying upon the input of a company accountant and the company's principals, is fundamentally different. It has not diminished the value of interests of All Saints in any discernible way. For these reasons, to the extent that the trial court's final order might be construed to imply that a sale of Yusuf's shares is compelled, we do not adopt such a construction. 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. We note the adjective wrongful is not defined in the statute..FN10. The two men resolved, with their collective experience, to establish another medical school in the Caribbean. At trial, the parties disputed whether the agreement was an LLC operating agreement under N.J.S.A. The final issue raised by Yusuf concerns the trial court's determination that his ownership interest in the LLC had no positive value as of the stipulated date of valuation, July 31, 2008. Quite the same Wikipedia. Dr. Joshua Jeffs is the manager for instructional laboratory instrumentation in the School of Molecular Sciences at Arizona State University (ASU). Aruba v. Chilana, No. You're on your way to applying to some of the top accredited Caribbean medical schools. Review the prerequisite courses and required documentation for your MD degree application. Every page goes through several hundred of perfecting techniques; in live mode. Apply today! Melissa Alexander, (China), Administrative Assistant, Dr. Suraj Parajuli, MBBS, MD (Kathmandu), (Associate Professor and Chair)Dr. Wisam Al-Hafidh, MBChB, FRCS (UK), ProfessorDr. See generally Muellenberg v. Bikon Corp., 143 N.J. 168, 181 (1996) (noting, in the context of a closely-held corporation, that controlling shareholders have a legitimate interest to rein in [the] management and control the affairs of the corporation). The judge articulated sound reasons, amply grounded in the record, for regarding defendants' actions as essentially benign, and in the ultimate interests of the continued viability of All Saints and the LLC. Our faculty and staff care about your success.

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