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Real Property Law

NYRE Staff

Statute of Limitations Bars Foreclosure When Mortgagee Was Not Mortgagee In Possession Statute of Limitations Bars Easement Claim Estate Lacked Standing to Challenge Deed on Which Former Partner's Name Was Forged Partition Action Dismissed for Failure to Prove Cotenancy Interest

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Hearing Necessary to Determine Reasonableness of Pet Accommodation Whether Sales Counter Constituted Trade Fixture Is a Question of Fact Four-Year Lookback Rule Inapplicable When Issue Is Whether Apartment Is Regulated

Columns & Departments

Development Image

Development

NYRE Staff

Rental Permit Law Did Not Constitute Unconstitutional Search or Seizure Challenge to Building Permit Denial Dismissed for Failure to Exhaust Administrative Remedies

Features

You Won't Know It When You See It: The Challenges of Fabricated Evidence in the Digital Age Image

You Won't Know It When You See It: The Challenges of Fabricated Evidence in the Digital Age

John G. Browning & Jonathan Bailie

How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today's wired workplace, it's considerable.

Features

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers

Stan Soocher

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Features

Keeping Track of Legal Claims from Fatal Shooting on 'Rust' Film Set Image

Keeping Track of Legal Claims from Fatal Shooting on 'Rust' Film Set

Marianna Wharry

Actor Alec Baldwin has detailed his account of the October 2021 fatal shooting of cinematographer Halyna Hutchins on the Rust film production set in an arbitration demand in which he seeks indemnification.

Features

Fifth Circuit Resolves 'Clash' Between FERC and Bankruptcy Courts Image

Fifth Circuit Resolves 'Clash' Between FERC and Bankruptcy Courts

Douglas S. Mintz & Michael L. Cook

A Chapter 11 debtor's "rejection [(under Code §365(a)] of a filed-rate [natural gas] contract … relieve[d] it of the obligation to continue performance absent the approval of FERC [(the Federal Energy Regulatory Commission]," held the U.S. Court of Appeals for the Fifth Circuit.

Features

PA Ruling Shows Power of Obtaining Mechanic's Lien Image

PA Ruling Shows Power of Obtaining Mechanic's Lien

Alan Nochumson & Clementa Amazan

In Pennsylvania, if a contractor is not paid for repairs or improvements made to real estate, the contractor can either take the traditional path of litigation and sue the property owner by filing a complaint under contractual or equitable theories or file for a mechanics' lien that clouds title to the real estate.

Features

Supreme Court's Breyer Ruling on Mistakes In Copyright Registrations Image

Supreme Court's Breyer Ruling on Mistakes In Copyright Registrations

Scott Graham

The Ninth Circuit had ruled in 2020 that §411(b)(1)(A) of the federal Copyright Act excuses inadvertent mistakes of fact on copyright registrations but not mistakes of law. The Supreme Court has now ruled 6-3 that the provision covers both mistakes of facts and law.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

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