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Litigation

  • The provisions of the Bankruptcy Code sometimes conflict with other federal laws and regulations. The Sixth Circuit Court recently considered whether an energy company debtor could reject a power purchase agreement as an executory contract that had been filed with the Federal Energy Regulatory Commission (FERC)

    February 01, 2020Andrew C. Kassner and Joseph N. Argentina Jr. 
  • Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit's Finding of Justiciability

    February 01, 2020Shaleen J. Patel
  • Town Can Be Liable for Aiding and Abetting Discrimination

    February 01, 2020ssalkin
  • Miami Agrees to Settle Costly Island Development Dispute After Losing Key Ruling Breach of Lease By Subsidiary Does Not Justify Piercing Corporate Veil Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate

    February 01, 2020ssalkin
  • Can tenants maintain a class action against landlords asserting a pattern and practice of illegal conduct when the various plaintiff tenants have been injured by different forms of allegedly wrongful conduct?

    January 01, 2020Stewart E. Sterk
  • Certificate of No Exterior Effect Upheld

    January 01, 2020ssalkin
  • Statute of Limitations Did Not Bar Foreclosure Action Nuisance Claim Arising Out of Environmental Remediation Not Barred By Statute of Limitations Mortgage Contingency Clause Did Not Give Buyer Right to Cancel Mortgagor Did Not Prove Damages Arising Out of RESPA Violation Questions of Fact Preclude Summary Judgment on Whether Adverse Possession Extinguished Easement

    January 01, 2020ssalkin
  • This article discusses the jurisprudence applied to determining patent eligibility of claims for diagnostic methods, and the expectation for changes in analysis of patent eligibility under §101 in the near future.

    January 01, 2020Leslie Kushner