Features
Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
Columns & Departments
Development
Summons for Violation of Zoning Ordinance Not Duplicative of Prior Dismissed Summons Special Exception Denial Upheld
Columns & Departments
Landlord and Tenant Law
Tenant's Cure of Default Reinstates Lease Renewal Option Rent-Stabilized Status Survives Tax Foreclosure Sale Tenant Entitled to Yellowstone Injunction Without Taking Steps to Cure Default Landlord Entitled to Use and Occupancy, Not Rent, After Lease Termination
Columns & Departments
Real Property Law
Easement Scope Limited to Ingress and Egress Seller Entitled to Cancel When Purchaser Did Not Obtain Government Development Approvals
Features
How U.S. Tax Court Reached Its Decision on Michael Jackson's Right of Publicity
The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: "We haven't had a case directly addressing the taxability of the image and likeness."
Features
Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work
Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient.
Features
Dr. Luke Isn't 'Public Figure' In Defamation Case Against Kesha
In a split decision that closely examined what constitutes a person being considered a limited public figure for the purposes of defamation standards, the New York Appellate Division, First Department, ruled that acclaimed music producer Lukasz "Dr. Luke" Gottwald is neither a general nor a limited public figure for the purposes of his defamation suit against famed singer Kesha, who has claimed Gottwald drugged and sexually assaulted her.
Features
U.S. Tax Court Rules on Valuation of Michael Jackson's Right of Publicity
The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: "We haven't had a case directly addressing the taxability of the image and likeness."
Features
Insurer Loses Bid to Dismiss Cinemark's Case Over COVID-19
In a rare ruling, the Cinemark movie theater chain won the chance to keep litigating against its insurance company, seeking losses under a $500 million policy for business interruption from COVID-19.
Features
Counterfeiting vs. Infringement: Second Circuit Weighs In
In two recent cases, the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and addressed liability for contributory infringement for counterfeiting.
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