Features
Landmines In Bankruptcy Practice, Part II
By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year.
Features
Can Anti-SLAPP Motion Denials Be Immediately Appealed?
In a move of keen interest to the entertainment industry, the full U.S. Court of Appeals for the Ninth Circuit has agreed to review whether a judge's denial of a motion to strike a California Strategic Lawsuits Against Public Participation suit can be immediately appealed by the defendant who claims the case was brought solely to chill its speech.
Features
DE Bankruptcy Court Decision Provides Reminder of Potential Consequences of Violating the Automatic Stay
An opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
Features
How New York Times' Lawsuit Over AI Software Copying Differs From Prior Copyright Complaints
The New York Times' copyright infringement lawsuit against OpenAI and Microsoft is said to be AI's "Napster Moment." But observers are torn about the case's legal merits, citing differing views around how exactly AI "Large Language Models" are trained.
Features
Could Mass Tort Bankruptcies Fall Apart in 2024?
Mass tort bankruptcies took some big hits in 2023, with two of them dismissed outright, and two more potentially hanging in the balance.
Features
SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling
The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.
Columns & Departments
Fresh Filings
Notable court filings in entertainment law.
Features
RLUIPA Claim Is Ripe for Judicial Review When Zoning Board Failed to Hear Appeal
In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review.
Columns & Departments
Real Property Law
Forgery Claim Not Barred By Statute of Limitations, Laches, or Equitable Estoppel Recorded Easement Was Abandoned No Easement By Implication Where Parcel Had Water Access from a Different Lot
Columns & Departments
Landlord & Tenant Law
Settlement Agreement Did Not Terminate Guarantor's Obligation Tenant Failed to Raise Question of Fact About Whether Building Contained Six or More Units and Was Therefore Subject to Rent Stabilization Landlord Not Entitled to Future Rent from Tenant While Also Enjoying Possession Guarantor Not Liable for Use and Occupancy
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