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Litigation

  • Failure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases
    Unlawful Entry and Detained Proceeding Requires Proof of Possession

    October 01, 2018ssalkin
  • Insurance Lapse Deemed Not Curable
    Uncertain Method for Determining Future Rent Dooms Renewal Rights

    October 01, 2018ssalkin
  • Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness
    Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR

    October 01, 2018Howard Shire and Adam Fischer
  • The U.S. Court of Appeals for the Third Circuit on Sept. 13 upheld a Delaware Bankruptcy Court's decision to block a Florida-based energy company from collecting a $275 million merger termination fee against the bankruptcy estates of Energy Future Holdings Corp. and a subsidiary.

    October 01, 2018Tom McParland
  • Second Circuit Issues Ruling Against DOJ in United States v. Hoskins Appeal

    October 01, 2018Colleen Snow
  • The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?

    September 01, 2018Stewart E. Sterk