Features
Michael L. Cook
Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.
Features
Stewart E. Sterk
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
Features
Angelo Castaldi
The U.S. Supreme Court has issued its most anticipated bankruptcy decision in recent memory. In a 5-4 decision entered June 27, the Supreme Court struck down the nonconsensual third-party releases. Writing for the Court, Justice Neil Gorsuch ruled that nothing in the Bankruptcy Code authorized the nonconsensual release or discharge of claims of opioid victims against the Sacklers, who were not debtors themselves.
Columns & Departments
New York Real Estate Law Reporter Staff
ZBA Adequately Explains Reversal of Condition Imposed on Variance
Mandamus Does Not Lie to Compel Change In Zoning Designation
Columns & Departments
Entertainment Law
&
Finance Staff
Notable recent court filings in entertainment law.
Features
Lawrence J. Kotler
&
Geoffrey A. Heaton
In a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor's failure to properly schedule a debt in an "asset case" renders the debt nondischargeable.
Columns & Departments
New York Real Estate Law Reporter Staff
No Release of Escrow When Questions of Fact Remain About Breach
Questions of Fact Remain About Delay In Enforcing Easements
Merger Doctrine Bars Buyer's Breach of Contract Claim
Partition Claim Premature Without Judicial Investigation
Reciprocal Easement Requires Cost-Sharing
Secretary of State Not Required to Adopt Inspection Regulations
Columns & Departments
New York Real Estate Law Reporter Staff
Landlord Not Entitled To Lock Out Subtenant
Landlord Did Not Release Tenant from Rent Obligation
Allowable Rent Increases Permitted Luxury Decontrol
Features
Mark B. Conlan
&
Noel L. Hillman
Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges, and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule has not been amended since its adoption in 1983. It is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
Features
Colleen Murphy
In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.
