Features
NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance
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
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
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
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
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
ZBA Adequately Explains Reversal of Condition Imposed on Variance Mandamus Does Not Lie to Compel Change In Zoning Designation
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Features
Ninth Circuit: Debt In Asset Case Is Nondischargeable If Debtor Fails to Properly Schedule the Debt
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
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
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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