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Equal treatment of claims in the same class within a plan of reorganization is an important creditor protection in Chapter 11. However, is it possible to provide certain benefits to some creditors within a single class and not others without running afoul of the Bankruptcy Code? In a recent ruling on an issue of first impression, the U.S. Court of Appeals for the Eighth Circuit certainly made clear it thought so.
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Summer 2019 put some interesting case law into the books. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied.
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Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member
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More Than a Recitation of Hooke's Law Needed for Patent Protection A Claim for a Chair Limits the Claim to a Chair
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Block and lot indexes prevalent in New York City were designed to make title searches simpler than those necessary under the grantor-grantee index system prevalent in many other areas of the state and country. Suppose, however, block and lot numbers change over time. To what extent are purchasers on notice of deeds recorded under a block and lot number different from the one prevalent at the time of purchase?
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Constructive Trust Does Not Require Transfer In Reliance Failure to Obtain Subdivision Approval Does Not Make Title Unmarketable Accounting Necessary When Property Is Purchased With Wrongfully Appropriated Funds,br> Church Documents Establish That Synod Did Not Wrongfully Take Local Church's Property Allegations of Fraud Insufficient to Extend Statute of Limitations on Foreclosure Action Bona Fide Purchaser Prevails Over Mortgagee of Erroneously Discharged Mortgage
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Landonwner Entitled to Nonconforming Use Status Public Trust Claim Reinstated
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Tenant Not Entitled to Recover Consequential Damages for Second Hand Smoke Tenant Failed to Establish Constructive or Actual Eviction Failure to Send Statutory Notice Subjects Apartment to Rent Stabilization Overcharge Claim Dismissed Because DHCR Had Primary Jurisdiction
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Purchaser Entitled to Return of Downpayment When Co-Op Failed to Consent
Features
This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.