Federal Circuit: The Comparison Prior Art Has to be Within the Proper Scope
Federal Circuit: More Than Describing Trial and Error Is Needed for Enablement
Contract Vendee Lacks Standing to Challenge Denial of Permit Application
Board's Denial of Site Plan Approval Invalidated
Inadequate SEQRA Review Requires Denial of Site Plan Approval
Prescriptive Easement Counterclaim Dismissed
Implied Easement Claims Rejected
Questions of Fact Preclude Summary Judgment on Adverse Possession Claim
Broker Failed to Establish Implied Contract
Questions of Fact Remained About Whether Encroachment Was De Minimus
Questions of Fact About Whether Tenant Exercised Renewal Option
Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work
Questions of Fact About Landlord Fraud
Additional Security Deposit Constitutes Source of Income Discrimination
Questions of Fact Remain About Width of Easement
Transfer Invalidated As Fraudulent Transfer
Cotenant's Operation of Mine Not Enjoined
Homeowners Association Lacked Standing to Enforce Covenant
Easement Holder Liable for Trespass After Easement Was Extinguished
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 election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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.
