Features
Does a Matrimonial Action Abate Upon the Death of a Party?
On occasion, where the financial stakes are high between the surviving spouse and the decedent's estate, the issue of whether an action has abated as a matter of law has been litigated.
Features
<b><i>Online Extra</b></i> Circuit Dubious About Claim to Stan Lee's Characters
The U.S. Court of Appeals for the Ninth Circuit recently dealt a powerful punch to a lawyer whose client, a company founded by comic book legend Stan Lee, claimed to own the rights to Lee's iconic characters.
Columns & Departments
Bit Parts
Cartoon Network Mobile App Users Android ID Isn't "Personally Identifiable Information" under the Video Privacy Protection Act<br>Court Says Republication Rule Alive in Tennessee But Dismisses Defamation Claims by Disqualified American Idol Finalist<br>Toto Denied 50% Royalty for Digital Download Sales
Features
Saving Agreements with Defective or Missing Temporary Maintenance Recitals
In this month's newsletter, along with the following two, the author will discuss nine ways in which counsel can defend the validity of agreements that do not satisfy the recital requirements for temporary maintenance, as well as attacks that could overcome those defenses.
Continued Industry Growth Expected Through Year' s End
The Equipment Leasing & Finance Foundation has released its Q4 update to the 2014 Equipment Leasing & Finance U.S. Economic Outlook, which forecasts investment in equipment and software to grow 5.5% in 2014. This is revised up from the Q3 update forecast of 2.6% growth issued in July.
Features
The Expansion of the CA Mental Health Parity Act's Requirements for Treatment of Eating Disorders
Recently, California courts found that the Parity Act requires health insurance providers to cover certain services used to treat eating disorders that were excluded from coverage in the insureds' policies. This article summarizes these decisions and discusses the implications for health insurance providers.
Features
When Does 'Voluntary Payment' Preclude Recovery of Overcharges?
When a tenant erroneously pays more rent than a lease requires, can the tenant recover the amount of the excess payments? Answering that question requires exploration of the perplexing voluntary payment doctrine, which continues to rear its head in New York cases.
Columns & Departments
Decisions of Interest
A major ruling in which a non-custodial father had no cause of action.
Development
A case in which a board's special permit denial was entitled to deference.
Allocating Costs to Policyholders for Periods of No Insurance
Last month, we discussed the fact that the "unavailability exception" originated with <I>Owens-Illinois, Inc. v. United Insurance Co.</I> The discussion continues herein.
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
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- Disavowals of Liability Do Not Disembowel Coverage: Liability Settlements and Insurance CoverageLiability insurance policies apply where the insured is liable for bodily injury, property damage, or wrongful acts (depending on the policy). What happens, however, when the policyholder denies that any injury or wrongdoing took place? Does that mean that insurance is not applicable?Read More ›