Columns & Departments
Landlord & Tenant Law
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
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
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
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
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
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
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
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.
Features
Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin?
Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor's business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.
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