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Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA Dog Training Facility Not a Customary Home Occupation,br> Landowner Not Entitled to Variance When Hardship Is Not Unique to the Parcel ZBA Did Not Consider Statutory Variance Factors
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Defense Based on Federal Law Cannot Confer Federal Jurisdiction
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New York Brokerage and Two Executives Ordered to Pay $1.58 Million for Misleading Investors In High-Yield Securities Case
Features
Equal treatment of claims in the same class within a plan of reorganization is an important creditor protection in Chapter 11. However, is it possible to provide certain benefits to some creditors within a single class and not others without running afoul of the Bankruptcy Code? In a recent ruling on an issue of first impression, the U.S. Court of Appeals for the Eighth Circuit certainly made clear it thought so.
Features
Summer 2019 put some interesting case law into the books. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied.
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Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member
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More Than a Recitation of Hooke's Law Needed for Patent Protection A Claim for a Chair Limits the Claim to a Chair
Features
Block and lot indexes prevalent in New York City were designed to make title searches simpler than those necessary under the grantor-grantee index system prevalent in many other areas of the state and country. Suppose, however, block and lot numbers change over time. To what extent are purchasers on notice of deeds recorded under a block and lot number different from the one prevalent at the time of purchase?
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Constructive Trust Does Not Require Transfer In Reliance Failure to Obtain Subdivision Approval Does Not Make Title Unmarketable Accounting Necessary When Property Is Purchased With Wrongfully Appropriated Funds,br> Church Documents Establish That Synod Did Not Wrongfully Take Local Church's Property Allegations of Fraud Insufficient to Extend Statute of Limitations on Foreclosure Action Bona Fide Purchaser Prevails Over Mortgagee of Erroneously Discharged Mortgage
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Landonwner Entitled to Nonconforming Use Status Public Trust Claim Reinstated