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Second Circuit Upholds RLUIPA Verdict Against the Town of Greenburgh
The Second Circuit's recent decision in Fortress Bible Church v. Feiner, 694 F.3d 208, establishes that the Religious Land Use and Institutionalized Persons Act (RLUIPA) applies to decisions made by municipalities in the course of New York's environmental review process. In a scathing decision after trial, then-Judge Stephen Robinson of the Southern District had ruled that the Town of Greenburgh, in Westchester County, violated RLUIPA when it made a finding under New York's State Environmental Quality Review Act (SEQRA) that the proposed construction of a church could not proceed. Fortress Bible Church v. Feiner, 734 F. Supp. 2d 409.
The district court reached this conclusion, in large part, by finding that the “majority” of the Town's witnesses lacked credibility. The court went so far as to find “not only the admitted destruction of probative evidence, but the existence of evidence relevant to the issues before this Court that Defendants never produced to Plaintiffs. Outrageously, Defendants attempted to enter such previously undisclosed documents into evidence during trial.” The court therefore held “that the conduct of Defendants warrants both an adverse inference based on spoliation of evidence and sanctions.”
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.