Litigation

Federal Circuit, Citing Forum-Shopping, Transfers Patent Cases to California

U.S. Bankruptcy Court for the District of Delaware court held that a Chapter 7 trustee was bound by the pre-conversion actions of the debtors, and that the trustee would not be permitted to step into the shoes of the then-dissolved official committee of unsecured creditors to pursue certain causes of action.

In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant's claims against a landlord who failed to take action against a harassing tenant. The court's holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant's complaint will have to include more than bare-bones allegations of intentional discrimination.

Easement By Prescription and Easement By Estoppel Claims Entitle Owner to Preliminary Injunction Right of First Refusal Valid Under Rule Against Perpetuities Easement Holder Not Liable for Trespass Mortgagor Entitled to Cancellation When Mortgagee's Beneficiaries Ratified Transaction

Questions of Fact Remained About Loft Law Coverage Tenant Validly Terminated Subtenants's Lease Conversion of Tenant from Corporation to LLC Did Not Relieve Guarantor of Liability

Co-Op Obligated to Facilitate Transfer By Holder of Unsold Shares

Building Administrator Had No Authority to Make Site Plan Determinations

This article examines two recent entertainment-industry cases that illustrate how judges have decided cease-and-desist letters issues.