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Features
Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges, and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule has not been amended since its adoption in 1983. It is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
Features
In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.
Features
An influential appellate court has agreed to take up a bankruptcy involving the controversial "Texas two-step," potentially deciding the merger tactic's fate in future Chapter 11 cases. The Fourth Circuit agreed to hear a petition to dismiss the bankruptcy of Bestwall, a subsidiary of Koch Industries-owned Georgia-Pacific, created through a "Texas two-step" to resolve 60,000 lawsuits over asbestos exposure.
Columns & Departments
Music Publishers' Nashville Lawsuit Over Alleged Use of Lyrics in AI Generative Program Is Sent to California Federal Court New York Appellate Court Affirms Dismissal of Fashion Model's Publicity Right Claim Over Ralph Lauren Documentary New York Federal Court Applies Written Contracts Clause to Determine Intent in Implied TV-Distribution License Dispute
Columns & Departments
Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents Federal Circuit Affirms District Court's Grant of §285 Fees Request for Fees Incurred in Litigation and Denial of Fees Request for Fees Incurred In a Parallel IPR Proceeding
Features
The appropriate remedy for the past disparity in bankruptcy fees between federal Bankruptcy Trustee and Administrator districts is simply to ensure all the courts are charging the same going forward, the Supreme Court ruled on June 14.
Columns & Departments
Sale of Unit Did Not Extinguish Liability for Common Charges
Features
Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.
Features
The U.S. District Court for the Central District of California has decided that the termination by Mary Bono of grants made by her late husband Sonny Bono under the copyright-assignment termination provision of the Copyright Act didn't affect royalty rights under a 1978 marital settlement agreement between Sonny and ex-wife Cher.
Features
In April, the U.S. Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies. The Court's decision may have an impact on fees New York municipalities impose on developers in lieu of developer-provided parkland.