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Litigation

Columns & Departments

Landlord & Tenant

ALM Staff & Law Journal Newsletters

In-depth analysis and discussion of several key rulings.

Features

The Impact of Oral Permission on an Adverse Possession Claim

Stewart E. Sterk

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?

Steven B. Smith & Dana Gale Hefter

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>

By Yitzhak Greenberg

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

ALM Staff & Law Journal Newsletters

Analysis of recent important rulings.

Features

Windsor Leads to Multiple Benefits for Same-Sex Married Couples Nationwide

Janice G. Inman

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

Kevin M. Quinley

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

Brian Raphel

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.

Columns & Departments

In the Courts

ALM Staff & Law Journal Newsletters

Analysis of a key ruling.

Features

Transformative Use Musings

Stan Soocher

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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