Features
Michael L. Cook
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
Columns & Departments
New York Real Estate Law Reporter Staff
Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear
Restrictive Covenant Did Not Bar Above Ground Pool and Deck
Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract
Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement
Features
Cecily Uhlfelder
&
Robert DeWitte
Class action notice programs in the settlement context are not immune from fraud. Class counsel has a fiduciary duty to protect the best interests of the class, therefore protecting notice programs and the effectiveness of a digital advertising campaign is critical.
Features
Peter A. Crusco
Courts continue to grapple with the specificity of description required by these warrants for electronically stored evidence so as not to undermine the particularity required by the Fourth Amendment.
Features
David Casazza, Elizabeth Kiernan
&
Addison Bennett
The Supreme Court's holding ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard. It is also a shot across the bow for two other judge-made, atextual doctrines that bar consideration of the merits in Chapter 11 appeals.
Columns & Departments
New York Real Estate Law Reporter Staff
Public Purpose Finding Upheld
Features
Holley Horrell
The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.
Features
Lawrence J. Kotler
&
Ryan Spengler
With a growing leniency in denying motions to dismiss for asserted violations of the Controlled Substances Act and the anticipated rescheduling of cannabis, it appears that bankruptcy relief may become a viable option even for plant-touching and cannabis-related businesses.
Columns & Departments
New York Real Estate Law Reporter Staff
Obligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor
Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule
No Preliminary Injunction In Acton to Abate a Noise Nuisance
Columns & Departments
Entertainment Law
&
Finance Staff
Notable recent court filings in entertainment law.
