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Circuit Courts Split On Review of Bankruptcy Court's Denial of Motion to Dismiss Image

Circuit Courts Split On Review of Bankruptcy Court's Denial of Motion to Dismiss

Michael L. Cook

Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear Restrictive Covenant Did Not Bar Above Ground Pool and Deck Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement

Features

From Pixel Stuffing to Bots: Avoiding Ad Fraud In Class Notice Image

From Pixel Stuffing to Bots: Avoiding Ad Fraud In Class Notice

Cecily Uhlfelder & Robert DeWitte

Class action notice programs in the settlement context are not immune from fraud. Class counsel has a fiduciary duty to protect the best interests of the class, therefore protecting notice programs and the effectiveness of a digital advertising campaign is critical.

Features

The 4th Amendment and ESI Image

The 4th Amendment and ESI

Peter A. Crusco

Courts continue to grapple with the specificity of description required by these warrants for electronically stored evidence so as not to undermine the particularity required by the Fourth Amendment.

Features

Supreme Court Puts End to Prudential Barriers In Chapter 11 Appeals Image

Supreme Court Puts End to Prudential Barriers In Chapter 11 Appeals

David Casazza, Elizabeth Kiernan & Addison Bennett

The Supreme Court's holding ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard. It is also a shot across the bow for two other judge-made, atextual doctrines that bar consideration of the merits in Chapter 11 appeals.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

New York Real Estate Law Reporter Staff

Public Purpose Finding Upheld

Features

Eighth Circuit Expands Its Copyright Law Jurisprudence Image

Eighth Circuit Expands Its Copyright Law Jurisprudence

Holley Horrell

The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.

Features

Bankruptcy Court Creates Potential Loophole for Cannabis Businesses Seeking Ch. 7 Protection Image

Bankruptcy Court Creates Potential Loophole for Cannabis Businesses Seeking Ch. 7 Protection

Lawrence J. Kotler & Ryan Spengler

With a growing leniency in denying motions to dismiss for asserted violations of the Controlled Substances Act and the anticipated rescheduling of cannabis, it appears that bankruptcy relief may become a viable option even for plant-touching and cannabis-related businesses.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Obligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule No Preliminary Injunction In Acton to Abate a Noise Nuisance

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

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