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In a case of first impression at the circuit level, the United States Court of Appeals for the Ninth Circuit held that section 1129(a)(10) of the Bankruptcy Code — which requires a favorable vote of at least one impaired class of creditors in order to confirm a Chapter 11 plan — applies on a “per-plan” basis, rather than a “per-debtor” basis.
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Rule 12(b)(6) Motion Denied in Infringement Dispute over Anastasia Musical, Due to “Lengthy Historical Record” Involving Central Character<br>
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Tenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million
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Guarantor May Not Interpose Wrongful Eviction Defense<br>Landlord Bound by Renewal Lease Signed After Judgment of Possession<br>Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge<br>Incarcerated Son Not Entitled to Succession Rights<br>Occupant Did Not Establish Succession Rights<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal Right
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Triable Issue of Fact About Association Liability for Flooding<br>Unit Owner's Representations Cannot Be Used to Contradict Express Terms of Proprietary Lease
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Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication<br>Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation
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Ultimately, <i>Village at Lakeridge</i> is noteworthy for what the Supreme Court did not decide. In granting <i>certiorari</i>, the Supreme Court declined to address whether the lower courts' various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.
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Singapore Passes Deferred Prosecution Legislation
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<b><i>Is This The End of the 'Yellowstone' Doctrine?</b></i><p>Recently, New York's Appellate Division, Second Department, acknowledged that commercial landlords may employ a strategy that prevents tenants from exercising Yellowstone rights, which enjoin the landlord from terminating the lease or commencing a summary proceeding.
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New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring Meeting