Litigation

City Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change Area Variance Grant Upheld for Construction of Fence Landowner Did Not Establish Pre-Existing Nonconforming Use

On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.

When artists take action over political-campaign settings, it's usually in the form of a cease-and-desist letter sent to a candidate's representatives. In some instances, artists file lawsuits, but to date there's been just a smattering of notable court decisions. This article provides a refresher on these rulings as well as a look at the recent lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."

In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.

For good reason, ordinarily courts are reluctant to admit statements of counsel as evidence in a criminal trial. Rulings in two recent high-profile local cases defy the common wisdom.

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.

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

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.