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Features
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
Columns & Departments
Merger Doctrine Precludes Unit Owner's Action Against Sponsor
Columns & Departments
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act
Columns & Departments
Statute of Limitations Does Not Bar Foreclosure<br>Mortgage on Church Property Not Properly Authorized<br>Sale Contract Precludes Fraud Claim<br>Seller's Representations Did Not Survive Closing<br>Foreclosure Action Time Barred<br>Mortgagor Fails to Establish Forgery<br>Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy<br>Summary Judgment Denied In Action to Set Aside a Deed for Fraud
Features
The DOJ's intervention, and the judge's ultimate decision, has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
Features
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
Features
Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the patent trial and appeal board.
Columns & Departments
Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success<br>Federal Circuit Rules that Issue Preclusion Bars a Party from Arguing in an Appeal of an Inter Partes Review Decision an Issue Previously Decided in Another Inter Partes Review Proceeding that Was Not Appealed
Features
Approximately 30 states have enacted anti-SLAPP statutes, which are intended to deter lawsuits that impede the right to free speech and other related activities. New statutory language in Texas's anti-SLAPP statute specifically protects those in the entertainment and media industries, and such explicit reference should prove comfort to content creators and publishers.