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Bit Parts
Crew Member Injury/Employee Status<br>Merchandising Rights/Film Remakes<br>Trademark Infringement/First Amendment Defense
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<b>Counsel Concerns:</b> Fed Court Denies Client's Impleader Against Counsel
A magistrate for the U.S. District Court for the Central District of California decided that a copyright and trademark infringement defendant couldn't file an impleader action against his former lawyer for secondary or derivative liability.
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Indiana Court Transfers Publicity Rights Litigation To New York
The U.S. District Court for the Southern District of Indiana grant- ed a defendant's motion to transfer to New York federal court a suit over the alleged unauthorized use of the names and likenesses of legendary baseball players, including Lou Gehrig, Thurman Munson and Jackie Robinson.
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Suits Roll in over Recalled Drugs
Plaintiffs' attorneys have filed several lawsuits in recent months involving two recalled drugs, the generic blood thinner heparin, and prescription medication Digitek, that could signal a clean break from past actions that were far less successful against drugs Vioxx and Paxil.
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Decisions of Interest
Recent rulings of interest to you and your practice.
Features
Cohabitation and the Discontinuation of Maintenance
A recent ruling by the Court of Appeals puts a whole new, and subjective, definition to the term "cohabitation": At the time that the agreement was entered into, what did the parties themselves mean when they stated the word "cohabit"?
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Levying Rents Pursuant to Monetary Judgment
New York's law on levies of rents pursuant to money judgment is most peculiar. The obligation of a tenant (T) to pay rent runs with the land. Let us call the forward-looking obligation of a tenant to pay rent a "rent receivable." New York law insists that the rent receivable is real property. Once the rent receivable is actually paid, the proceeds are considered the landlord's personal property. Collection of the rent "severs" the dollars from the real property.
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