Sand Mine Enjoys Nonconforming Use Protection Contract Vendee Entitled to Use Variance Despite Knowledge of Ordinance's Provisions
May 01, 2023NYRE Staff
Strict Liability for Excavation Damage Easement Was Non-Exclusive Purchaser's Claims Barred By Merger Doctrine, Caveat Emptor Purchaser's Claim Based on Inoperative Elevator Dismissed In the Absence of Active Concealment Deed Forgery Claim Survives Motion to Dismiss
May 01, 2023NYRE StaffWrongful Eviction Claim Raises Questions of Fact Yellowstone Injunction Cure Period
May 01, 2023NYRE StaffThe Northern District of California recently issued two blistering opinions on appeals by the IRS and California Franchise Tax Board from a bankruptcy court's Chapter 11 plan confirmation order and a tax determination order.
May 01, 2023Michael L. CookLarger commercial real estate mortgage loans are often originated by a group or "syndicate" of lending institutions that each contribute a portion of the overall loan proceeds and share the benefits and risks. This article describes several significant features of a "syndicated" real estate loan that are not commonly known or understood.
May 01, 2023Richard S. Fries and Darby K. BrownRecent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.
May 01, 2023Brian WanatLitigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.
May 01, 2023Adrienne B. KochIn In re Masingale, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property.
May 01, 2023Lawrence J. Kotler and Geoffrey A. HeatonFederal Circuit Affirms the Board's Finding of Anticipation Because Prior Art Patent and References Incorporated Therein Inherently Meet the Disputed Claim Limitations Federal Circuit Affirms a Finding of Infringement Because the District Court Correctly Construed "a" and "said" and Rejects Anticipation Argument on Waiver Grounds Federal Circuit Vacates Judgment of Non-Infringement Because the Underlying Stipulation Failed to Provide Sufficient Detail for the Court to Resolve Certain Claim Construction Issues
May 01, 2023Jeff Ginsberg and Zhiqiang Liu
