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Real Property Law

ljnstaff & Law Journal Newsletters

In-depth analysis of the latest important rulings.

Features

Alabama High Court Wrongful Death Decision Sets Stage for Increased Provider Risk Image

Alabama High Court Wrongful Death Decision Sets Stage for Increased Provider Risk

Janice G. Inman

A look at a recent case decided in the Supreme Court of Alabama that concerns questions of the personhood of a nonviable fetus for purposes of a wrongful death action.

Features

<i>He, Cuevas</i> and the Law of Remittitur in New Jersey Image

<i>He, Cuevas</i> and the Law of Remittitur in New Jersey

Robert E. Spitzer

Despite the established purpose of a compensatory damage award, there are occasions when a verdict is so excessive it could only have been arrived at in an effort to punish, rather than to compensate. In those instances of a "runaway" jury award, there are two generally recognized forms of relief available to address the excessive verdict: a new trial as to damages only, or remittitur.

Columns & Departments

Drug & Device News Image

Drug & Device News

ljnstaff & Law Journal Newsletters

Teva has agreed to pay $520M to settle an FCPA complaint. Here's why.

Columns & Departments

Med Mal News Image

Med Mal News

ljnstaff & Law Journal Newsletters

A look at a potentially chilling attorney sanction in Pennsylvania.

Columns & Departments

Verdicts Image

Verdicts

ljnstaff & Law Journal Newsletters

In-depth analysis of a case in which a jury did not receive all evidence.

Features

Expert Witnesses: Observing the Limits of Expertise Image

Expert Witnesses: Observing the Limits of Expertise

David A. Martindale

Life-altering opinions are also being offered by file reviewers (work product reviewers), some of whom seem to be oblivious to, or unconcerned about, the inherent limitations of a file reviewer's data.

Features

Bias in Custody Evaluations Image

Bias in Custody Evaluations

Jeffrey P. Wittmann

Evaluator bias can interfere with the noble goals of effective and reliable forensic work and lead to the court being misled.

Features

Standing to Seek Visitation and Custody<br><b><i><font="-1">New York Expands Definition of 'Parent'</b></i></font> Image

Standing to Seek Visitation and Custody<br><b><i><font="-1">New York Expands Definition of 'Parent'</b></i></font>

Thomas A. Elliot

In a recent case, New York's highest court held that, where it is shown by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing, as a parent, to maintain a proceeding pursuant to Domestic Relations Law (DRL) Section 70 seeking custody and visitation.

Features

New York Court Sees No Fair Use in <i>Star-Trek</i> Inspired Fan Film Image

New York Court Sees No Fair Use in <i>Star-Trek</i> Inspired Fan Film

Neil J. Rosini & Michael I. Rudell

The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.

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MOST POPULAR STORIES

  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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