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.
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
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
Tortious Interference Claim Dismissed
City Had Authority Over Tree Removal on Privately Owned Streets
Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a "mere conduit" to exploit the Code's safe harbor.
A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.
