Features
PA Court Rules Against Property Owners Alleging Impermissible Spot Zoning
In a recently published opinion, the Pennsylvania Commonwealth Court rejected an appeal brought by neighboring property owners alleging that a local ordinance constituted impermissible spot zoning. In its analysis, the Commonwealth Court emphasized the heavy burden a challenger must meet to overcome the presumptive validity of a zoning ordinance.
Columns & Departments
IP News
Ninth Circuit Upholds Copyright Infringement Dismissal In 'Jangle Vision Twins' Case
Features
Online Extra: WeWork Creditors Likely to Attempt to Pierce Corporate Veil In Bankruptcy Court
WeWork's Chapter 11 bankruptcy has stayed a Manhattan Commercial Division decision allowing plaintiffs to dig around in 11 years of the tanked company's finances — but observers say it's likely creditors will now try to pierce the corporate veil in the bankruptcy proceeding.
Columns & Departments
Co-ops and Condominiums
Summary Judgment Denied In Trespass and Nuisance Claim Against Upstairs Neighbor
Features
Testimonial Evidence Technology Is Transforming the Litigation Landscape
Managing and presenting testimony are changing a lot these days thanks to new technology. Some of the innovations lawyers are using to handle depositions, witness statements, exhibits and other evidence more efficiently and persuasively will alter the way matters are handled for the foreseeable future.
Features
Is the Receiver or Debtor More Likely to Preserve and Maximize the Value of the Property In a Bankruptcy?
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
Features
Federal Circuit Imperils Term-Adjusted Patents
The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).
Features
Evaluating Commercial Leases Post-'Rohrmoos'
Rohrmoos should encourage lawyers drafting leases, and those in lease disputes, to account for some new practical considerations. The drafting attorney should — if they are not already — include a clause in the lease expressly stating the parties' covenants are independent from one another.
Features
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.
Features
Appointment of Receiver Under State Law No Assurance Receiver Will Stay If Ch. 11 Filed
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
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