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A $10,000 "side bet" wasn't enough to persuade a Ninth Circuit U.S. Court of Appeals en banc panel to answer whether federal courts have jurisdiction over out-of-state Internet retailers.
As technology advancements and competition combine to drive information technology (IT) costs down, law firms of all sizes are poised to take advantage…
SXSW Music and Media Conference and Festival 2005 CLE Program, sponsored by SXSW. In Austin, TX, March 18-19. Will cover music law year in review, live performance and touring issues, alternative digital deals, artist career co-ventures, structuring agreements in the music industry and legal ethics in the digital age. For further information: 512-467-7979 or www.sxsw.com. …
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Although New York courts have long-recognized that "an easement created by grant may be extinguished by adverse possession" (<i>See Harlem Commonwealth Council, Inc. v. Thomas Memorial Wesleyan Methodist Church</i>, 10 A.D.3d 572 (1st Dep't 2004); <i>Spiegel v. Ferraro</i>, 73 N.Y.2d 622, 625 (1989); <i>Gerbig v. Zumpano</i>, 7 N.Y.2d 327 (1960)), a different rule has been applied to "unopened" easements -- <i>ie</i>, easements that have been created by grant but have remained unused. Generally, a possession will not be deemed adverse to an unopened easement or right of way until three conditions have been satisfied. These conditions are: 1) the need by the easement holder for the right of way has arisen; 2) a demand has been made by the easement holder that the right of way be opened; and 3) the servient tenant (property owner) has refused the demand. <i>Castle Associates v. Schwartz</i>, 63 A.D.2d 481 (2d Dep't 1978).
