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New York courts continue to hold that <i>caveat emptor</i> ' let the buyer beware ' represents the general rule applicable to real property transactions. Two recent appellate cases, however, illustrate continuing uncertainty about the remaining scope of the <i>caveat emptor</i> doctrine, while Real Property Law sections 462 and 465 limit the doctrine's significance in many residential transactions.
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What happens when a U.S. company's trademark is misused on the Internet outside of the United States? Short of litigating in that country, is all hope lost in addressing the problem? With the Internet and its global reach, even minor abuses are easily found and can cause real problems for a brand owner. Given the obvious jurisdictional roadblocks that exist in litigating in the U.S. against a foreign person or entity, there are some practical tactics that could prove useful in addressing and preventing this type of problematic behavior.
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Judge Denies Recusal Request in Marley Family Royalties Dispute Against UMG<br>UK Judgment Against U.S. Videogame Distributor Is Valid in Virginia
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StarGreetz, a new Los Angeles media company that lets customers send personalized celebrity videos and marketing messages over sites like Facebook and Twitter, might sound like just another Internet start-up hoping to capitalize on the public's obsession with Hollywood and social networking. But the company isn't a couple of star-dazed programmers fiddling around in a garage: StarGreetz's founders and backers are former senior executives at Warner Brothers, 20th Century Fox and Disney; its lawyers hail from Orrick, Herrington & Sutcliffe. Make that former lawyers, at least in a crucial case over the origins of the StarGreetz venture. In December, a Los Angeles state court judge granted a motion by plaintiff StarClipz in a trade secrets and breach of contract suit against StarGreetz to disqualify Orrick from representing the company.
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FILM PRODUCTION LOSSES/ISSUE PRECLUSION<br>NON-COMPETITION CLAUSES/TV STATION ACQUISITIONS
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The U.S. District Court for the Northern District of Texas, Dallas Division, denied a Texas-based concert promoter's motion to dismiss a suit by an Argentinian promoter over a planned M'tley Cre concert.
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There is language in the <i>Mensing</i> opinion written by Justice Thomas, as well as in Justice Sotomayer's dissenting opinion, which suggests that the Court might be receptive to prescription drug preemption arguments.
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Part One of this article discussed the impact of Supreme Court decisions addressing personal jurisdiction and preemption. Part Two herein discusses decisions involving class actions, pharmaceutical marketing practices, arbitration and proximate cause.
Features
Non-healthcare entity landlords and their attorneys should be aware of certain common provisions in leases with healthcare tenants that could lead to substantial liability for landlords.