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Landmines In Bankruptcy Appellate Practice
Pundits are raving about the current increase in business bankruptcy cases. But they rarely, if ever, mention the spike in bankruptcy appeals. A brief survey of recent decisions shows that appellate courts are, among other things, finding ways to (a) avoid making decisions or to (b) avoid litigation delay and uncertainty by expediting appellate review. Practitioners can avoid surprises by grasping what these courts are actually doing.
The recent decisions summarized below show how a simple reading of the Bankruptcy Rules and the Judicial Code will provide only limited guidance. Recent case law, summarized below, often undermines some of the accepted maxims recited in bankruptcy appellate practice. Stays pending appeal; appellate standing; timeliness; leave to appeal; direct appeals from the bankruptcy court to the Court of Appeals; appellate jurisdiction; appeals from fee awards; and appeals from arbitration are all addressed in a series of articles over the next few months.
Maxim 1: A Stay Pending Appeal Is Hard to Get
Stay Pending Appeal from Confirmation Order
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?