Tenant's Contractor Has Lien Against Landlord's Interest<br>Stipulation of Settlement Between Landlord and Tenant Did Not Release Guarantor<br>Landlord Bound By Rent Mistakenly Set By Temporary Receiver
Lot Owner Lacks Standing to Compel Payment of Assessments<br>No Foreclosure Jurisdiction Over Deceased Owners<br>Questions of Fact Preclude Summary Judgment on Claims of Easement By Necessity and Prescription
Zoning Board Bound By Prior Determination<br>Planning Board Had Rational Basis to Require Church to Record an Easement<br>Special Permit Denial Overturned<br>Restrictive Zoning Ordinance Sustained Against Multiple Challenges
The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.
The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn't require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word 'elect' does not by itself require formal procedures.”
A federal judge in Camden, NJ decided that a Christian rock band's management, talent agent and lead singer weren't vicariously liable for the sexual assault of a teenage fan committed by a member of the band.
The U.S. Court of Appeals for the Eleventh Circuit rejected an appeal by CNN to dismiss a libel case over the cable network's 2015 investigation of infant deaths at a Florida hospital.
While hearing January 2019 oral arguments before it, the U.S. Supreme Court sounded inclined to resolve a circuit courts' split over copyright registration procedures against copyright holders.
Entertainment practices with well-known clients are in high demand in the Los Angeles legal market, leading to a spate of lateral hires among American Lawyer 200 firms in the latter part of 2018.
Actor's Negligence Claim over Film Set Injury Preempted by California's Workers' Compensation Act<br>Nashville Federal Court Decides Record Producer Didn't Abandon Master Recordings of 1970s George Jones Album
In 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.
This 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.
That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
This 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.
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
