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.
A cross-section of law firm leaders comment on the current state of litigation, remote training, building cohesive and collaborative multidisciplinary teams, leveraging technology to enhance litigation processes and outcomes, and looking at the practice of law in the next decade.
Copyright lawsuit filings declined significantly over the last two years, according to a new report by Lex Machina, which found that overall cases had dipped from a 2018 peak that was driven primarily by surges in file-sharing litigation.
Parties holding potential claims against non-debtor third parties that are arguably "related to" the bankruptcy estate must weigh the risks and benefits of actively prosecuting such claims. The mere fact that a bankruptcy trustee could pursue such claims as property of the bankruptcy estate under Section 541 of the Bankruptcy Code will not be enough to argue that such claims are conclusively barred by the automatic stay.
Landlords and commercial tenants have proven savvy and mutually symbiotic. These entities learned quick lessons during the pandemic to sustain the landlord-tenant relationship on adjusted footing or otherwise to provide an agreeable runway for a lease exit minimizing the damage to landlords and tenants. Three workout trends reflect this changing landscape that "we are all in this together."
