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Does a Matrimonial Action Abate Upon the Death of a Party?
November 02, 2014
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.
<b><i>Online Extra</b></i> Circuit Dubious About Claim to Stan Lee's Characters
November 02, 2014
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.
Bit Parts
November 02, 2014
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
Saving Agreements with Defective or Missing Temporary Maintenance Recitals
November 02, 2014
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
November 02, 2014
The Equipment Leasing &amp; Finance Foundation has released its Q4 update to the 2014 Equipment Leasing &amp; 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.
The Expansion of the CA Mental Health Parity Act's Requirements for Treatment of Eating Disorders
November 02, 2014
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.
When Does 'Voluntary Payment' Preclude Recovery of Overcharges?
November 02, 2014
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.
Decisions of Interest
November 02, 2014
A major ruling in which a non-custodial father had no cause of action.
Development
November 02, 2014
A case in which a board's special permit denial was entitled to deference.
Allocating Costs to Policyholders for Periods of No Insurance
November 02, 2014
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.

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