Litigation

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Town Law Does Not Require Public Hearing On Site Plan Approval

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The Southern District of New York, as part of an unresolved 14-year saga in the Village of Pomona, New York, found that the Plaintiffs, who are seeking to construct a Rabbinical College, had brought an action against the Village that is not ripe for adjudication.

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Deed from One of Several Heirs Void Ab Initio Fine Imposed By Association Invalid When Bylaw Amendment Was Not Incorporated Into Declaration Seller Entitled to Retain Down Payment Because Purchaser Never Set a Closing Date Former Owner Relinquished Rights to Oil and Gas Lease

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Refusal to Approve Summer Camp Triggers RLUIPA Site Plan Denial Upheld

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Tenant Not Entitled to Treble Damages Because Overcharge Was Not Willful Warranty of Habitability Claim Reinstated Tenant Who Never Occupied Premises Cannot Raise Habitability Claim Landlord May Not Recover Use and Occupancy for Failure to Restore Premises

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Although several direct appeals for PTAB review or rehearing were made by parties who had received adverse outcomes at PTAB hearings after the Arthrex decision, on November 3, the first rehearing was granted by the PTO acting director.

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In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law.

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District Court: Exceptionality Found and Attorney Fees Awarded When Patent Owner Pursued Litigation With a Fraudulently Obtained Patent