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Notable court filings in entertainment law.
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IP News
Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Features
After Dismissal of J&J's Second Talc Bankruptcy, Plaintiffs Lawyers Call for Consolidated Trials
With the dismissal of Johnson & Johnson's second talc bankruptcy, plaintiffs lawyers are doubling down on their plans to pursue trials across the country.
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Development
Specific Performance Available for Breach of Contract to Convey Air Rights Challenge to Site Plan Approval Dismissed for Failure to Join a Necessary Party NYU's Challenge to Zoning Amendment Dismissed for Lack of Standing Town's Construction of Its Ordinance Was Irrational Condition on Special Permit Renewal Invalidated As Unreasonable
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Real Property Law
Buyer Entitled to Return of Deposit Because Estoppel Certificates Were Inadequate City Had Authority to Extinguish Interest of Delinquent Taxpayers After Four Month Redemption Period Expires Survival Clause Includes No Expiration Date Easement Not Invalid for Fraud
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Co-ops and Condominiums
Co-Op Purchaser Not Entitled to Cancel Contract Appointment of Receiver to Collect Rent Owed to Defaulting Commercial Unit Owner Upheld
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Fresh Filings
Notable court filings in entertainment law.
Columns & Departments
Bit Parts
Dispute Over Jay Livingston Songwriter Contracts Sent to Arbitration MeTV Viewers Aren't "Subscribers" Under Video Privacy Protection Act TV Series Production Contract Is Assignable In Bankruptcy
Features
Tips for Achieving More Certainty of Specific Performance Availability
Both litigators and transactional lawyers know the basic drill: specific performance is available for breach of a contract whose subject matter is so unique that money damages will not adequately compensate the non-breaching party. But it does not necessarily follow that specific performance is generally available for breach of an agreement that involves real estate. This article discusses why and suggests some ways parties can achieve more certainty in this regard.
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