Features
Successor Liability of UCC Foreclosure Sale Purchasers
As a result of non-eviction co-op conversion plans, many rent-stabilized tenants live in co-operative apartment units. Suppose the apartment's owner overcharges the tenant. May the tenant recover the overcharge from a successor owner who purchased the co-operative unit at a UCC foreclosure sale? That issue, faced by a New York court in <i>Muscat v. Gray</i> (<i>infra</i> page 3 ), raises questions both of statutory construction and public policy.
Free Speech Rights Vs. Deadbeat Dad
A woman who was charged with second-degree aggravated harassment and second-degree harassment, violations of Penal Law '' 240.30(1) and 240.26(3) respectively, for allegedly posting handwritten fliers denigrating her former boyfriend and accusing him of failing to live up to his child-support obligations was exonerated by the court in February.
Gay Partnership: National Developments
The latest on what was happening at press-time.
Decisions of Interest
Recent rulings of importance to you and your practice.
Features
'International Clients': Beware!
If you represent globetrotting clients, be careful! Your married "international" clients who may one day be divorced may face great financial dangers ' or alternatively enjoy significant financial opportunities ' as they travel to and live in different countries.
Features
American Child, Foreign Mother
The courts generally favor keeping children who are American citizens in the United States when deciding custody issues. But, this hurdle is not insurmountable for the foreign-national parent.
Features
Supreme Court Rejects Reverse Age Discrimination Claim
By a 6-3 majority, the United States Supreme Court rejected a claim of reverse discrimination under the Age Discrimination in Employment Act, finding that Congress in enacting the ADEA concluded that the "enemy of 40 is 30, not 50." <i>General Dynamics v. Cline</i>, 2004 WL 329956 (U.S. 2/24/04).
Decisions of Interest
Recent rulings of importance to you and your practice.
Features
Harassment Action Dismissed on Foreign Sovereign Immunity Grounds
A recent Second Circuit decision clarifies the application of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 et seq., in a discrimination case filed against foreign governments and their agencies and instrumentalities.
Features
A Word to the Wise
Many major employers have adopted internal dispute resolution programs designed to resolve internally employment disputes, and the numbers of such programs are only increasing. In prior years, these programs typically included a mediation step and ended in a final step of binding arbitration. Under such programs, employees were barred from opting out of the program to bring their claims in court. This is still the case with many employer dispute resolution programs. A growing number of employers, however, have moved away from this binding arbitration model and instead have provided employees with the option of opting out of the program after the mediation stage and permitting the employee to take his or her claim to court.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›