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Bit Parts
Evidentiary Restrictions on Proving Copyright Substantial Similarity<br>Profits Accounting for Use of Band Name Is Nondischargeable Debt<br>Third Amended Complaint Allowed in Karaoke Case
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No RICO Violation Seen in Alleged Use of TV Show Idea
The U.S. District Court for the Eastern District of New York dismissed a federal RICO claim that alleged the defendants took the basis for their TV program The Great American Road Trip from a TV show idea created by the plaintiffs.
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Rare Move By the U.S. Supreme Court
In a rare ruling, the Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive termination under the Petroleum Marketing Practices Act.
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Jury Allowed to Consider Testimony on Oral Modification of Lease
In most leases, the landlord and tenant are specifically prohibited from orally modifying the lease. However, a decision recently handed down by the U.S. District Court for the Middle District of Pennsylvania illustrates how such a provision may be waived through the conduct of the parties.
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<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.
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<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.
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Case Briefs
Highlights from the latest insurance cases from around the country.
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NJ Court Clarifies Policyholders' Right to Recover Out-of-State Coverage Counsel Fees
According to the New Jersey Supreme Court in <i>Myron Corp. v. Atlantic Mutual Insurance Co.</i>, a policyholder's right to recover counsel fees extends even to those fees incurred defending against an insurer-initiated, out-of-state declaratory judgment action.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
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- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›