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NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance Image

NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance

Howard B. Epstein & Theodore A. Keyes

Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.

Features

Major Labels File Lawsuits Over AI Companies' Alleged Copying of 'World's Most Popular' Recordings Image

Major Labels File Lawsuits Over AI Companies' Alleged Copying of 'World's Most Popular' Recordings

Jane Wester

Major record labels including Capitol Records and Sony Music Entertainment sued two music-focused generative artificial intelligence companies, accusing them of "willful copyright infringement on an almost unimaginable scale."

Features

Appellate Courts Skeptical About Bankruptcy Court Sanctions Image

Appellate Courts Skeptical About Bankruptcy Court Sanctions

Michael L. Cook

Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.

Features

Landlord Liable for Retaliating Against Maker of False Discrimination Claim Image

Landlord Liable for Retaliating Against Maker of False Discrimination Claim

Stewart E. Sterk

What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.

Features

Supreme Court's Rejection of Purdue Pharma Settlement Redefines Releases In Chapter 11 Image

Supreme Court's Rejection of Purdue Pharma Settlement Redefines Releases In Chapter 11

Angelo Castaldi

The U.S. Supreme Court has issued its most anticipated bankruptcy decision in recent memory. In a 5-4 decision entered June 27, the Supreme Court struck down the nonconsensual third-party releases. Writing for the Court, Justice Neil Gorsuch ruled that nothing in the Bankruptcy Code authorized the nonconsensual release or discharge of claims of opioid victims against the Sacklers, who were not debtors themselves.

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

ZBA Adequately Explains Reversal of Condition Imposed on Variance Mandamus Does Not Lie to Compel Change In Zoning Designation

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Features

Ninth Circuit: Debt In Asset Case Is Nondischargeable If Debtor Fails to Properly Schedule the Debt Image

Ninth Circuit: Debt In Asset Case Is Nondischargeable If Debtor Fails to Properly Schedule the Debt

Lawrence J. Kotler & Geoffrey A. Heaton

In a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor's failure to properly schedule a debt in an "asset case" renders the debt nondischargeable.

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

No Release of Escrow When Questions of Fact Remain About Breach Questions of Fact Remain About Delay In Enforcing Easements Merger Doctrine Bars Buyer's Breach of Contract Claim Partition Claim Premature Without Judicial Investigation Reciprocal Easement Requires Cost-Sharing Secretary of State Not Required to Adopt Inspection Regulations

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Landlord Not Entitled To Lock Out Subtenant Landlord Did Not Release Tenant from Rent Obligation Allowable Rent Increases Permitted Luxury Decontrol

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