While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.
Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In <i>Ross v. C. Adams Construction & Design</i>, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage.
Last month's article discussed relieving a parent of the duty to pay child support because a custodial parent has continually interfed with court-ordered visitation. The discussion continues herein.
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.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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.
