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Case Notes
CT Supreme Court Is Asked to Throw Out Sandy Hook Case Against Gun Manufacturers
Gun manufacturers Remington and Bushmaster have asked the Connecticut Supreme Court to throw out the case brought against them by the families of the victims of the 2012 Sandy Hook Elementary School massacre. In that incident, an emotionally disturbed young man, Adam Lanza, murdered his mother in their shared home, then travelled to the nearby school where he opened fire on children and teachers using an AR-15 rifle manufacturered by Bushmaster, which is owned by Remington.
The plaintiffs are suing under the Connecticut Unfair Trade Practices Act (CUPTA) claiming negligent entrustment: essentially, that the manufacturers knew their product was a dangerous assault rifle meant to be used as a weapon in wartime, and that they aggressively marketed it as such to the general public.
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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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.