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?
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.
The Supreme Court may finally clarify some of the confusion regarding a bankruptcy court's authority acknowledged by Justice Scalia in Stern.
Analysis of recent important rulings.
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.
A text message or e-mail may be misinterpreted or be seen by unintended eyes, thus expanding a physician's potential legal liability.
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.
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.
In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.
