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Real Property Law

ssalkin

No Adverse Possession Because Possessor Had No Reasonable Basis for Belief Quiet Title Claim Dismissed When Claimant's Deed Was the Product of Scrivener's Error Action to Remove Cloud On Title Not Barred By Statute of Limitations Obstruction of View Not a Nuisance Unrecorded Easement Binding On Servient Owner With Actual Notice Nominal Damages Available for De Minimis Encroachment

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Justin Timberlake Appeals After His Anti-SLAPP Motion Fails to Stick In Documentary Deal Litigation Texas Federal Magistrate Finds California Unfair Competition Claim Should Be Ejected from Litigation Between Talent Agencies and That Dispute Should First Be Heard by California Labor Commissioner TV/Film Development Software Can Be Trade Secret

Features

All the News That's Fit to Pinch Image

All the News That's Fit to Pinch

Jonathan Moskin & Rachel Pauley

The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.

Columns & Departments

IP News Image

IP News

Howard Shire & Justin Tilghman

In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.

Features

Landmines In Bankruptcy Practice, Part II Image

Landmines In Bankruptcy Practice, Part II

Michael L. Cook

By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year.

Features

Can Anti-SLAPP Motion Denials Be Immediately Appealed? Image

Can Anti-SLAPP Motion Denials Be Immediately Appealed?

Avalon Zoppo

In a move of keen interest to the entertainment industry, the full U.S. Court of Appeals for the Ninth Circuit has agreed to review whether a judge's denial of a motion to strike a California Strategic Lawsuits Against Public Participation suit can be immediately appealed by the defendant who claims the case was brought solely to chill its speech.

Features

DE Bankruptcy Court Decision Provides Reminder of Potential Consequences of Violating the Automatic Stay Image

DE Bankruptcy Court Decision Provides Reminder of Potential Consequences of Violating the Automatic Stay

Mark E. Felger & Simon E. Fraser

An opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.

Features

How New York Times' Lawsuit Over AI Software Copying Differs From Prior Copyright Complaints Image

How New York Times' Lawsuit Over AI Software Copying Differs From Prior Copyright Complaints

Isha Marathe

The New York Times' copyright infringement lawsuit against OpenAI and Microsoft is said to be AI's "Napster Moment." But observers are torn about the case's legal merits, citing differing views around how exactly AI "Large Language Models" are trained.

Features

Could Mass Tort Bankruptcies Fall Apart in 2024? Image

Could Mass Tort Bankruptcies Fall Apart in 2024?

Amanda Bronstad

Mass tort bankruptcies took some big hits in 2023, with two of them dismissed outright, and two more potentially hanging in the balance.

Features

SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling Image

SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling

Jimmy Hoover

The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.

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