Columns & Departments
Landlord & Tenant
In-depth analysis and discussion of several key rulings.
Features
The Impact of Oral Permission on an Adverse Possession Claim
Does a prior owner's oral grant of permission to enter the disputed land at the owner's death operate to defeat an adverse possession claim by a person who, after the oral grant of permission, occupied the land for the statutory period?
Features
Anti-Assignment Clause?
The Third Circuit recently reaffirmed the policy underlying anti-assignment provisions in connection with bankruptcy cases, and the extent of bankruptcy courts' jurisdiction after closure of a case.
Features
<i>In re Bellingham Ins. Agency</i>
The Supreme Court <I>may</I> finally clarify some of the confusion regarding a bankruptcy court's authority acknowledged by Justice Scalia in <I>Stern</I>.
Columns & Departments
Decisions of Interest
Analysis of recent important rulings.
Features
Windsor Leads to Multiple Benefits for Same-Sex Married Couples Nationwide
It makes very little difference what a couple's home state says: The federal government apparently intends to recognize their marriages, even if their state will not.
Features
Communications @ Risk
A text message or e-mail may be misinterpreted or be seen by unintended eyes, thus expanding a physician's potential legal liability.
Features
Relearning the Learned Intermediary Doctrine
Courts in nearly every state have embraced some form of the "learned intermediary doctrine," which provides that a prescription drug manufacturer satisfies its duty to warn so long as it provides an adequate warning of the drug's potential risks to the plaintiff's prescribing doctor.
Features
Transformative Use Musings
The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.
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