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Litigation

  • 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

    April 01, 2022NYRE 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

    April 01, 2022NYRE Staff
  • Rental Permit Law Did Not Constitute Unconstitutional Search or Seizure Challenge to Building Permit Denial Dismissed for Failure to Exhaust Administrative Remedies

    April 01, 2022NYRE Staff
  • 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.

    April 01, 2022Stan Soocher
  • 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.

    April 01, 2022Douglas S. Mintz and Michael L. Cook
  • 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.

    April 01, 2022Alan Nochumson and Clementa Amazan
  • 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.

    April 01, 2022Scott Graham
  • Notable court filings in entertainment law.

    April 01, 2022ELF Staff