Columns & Departments
Development
Town Law Does Not Require Public Hearing On Site Plan Approval
Features
Court Finds Rabbinical College Lawsuit Against Village Is Not Ripe for Determination
The Southern District of New York, as part of an unresolved 14-year saga in the Village of Pomona, New York, found that the Plaintiffs, who are seeking to construct a Rabbinical College, had brought an action against the Village that is not ripe for adjudication.
Columns & Departments
Real Property Law
Deed from One of Several Heirs Void Ab Initio Fine Imposed By Association Invalid When Bylaw Amendment Was Not Incorporated Into Declaration Seller Entitled to Retain Down Payment Because Purchaser Never Set a Closing Date Former Owner Relinquished Rights to Oil and Gas Lease
Columns & Departments
Development
Refusal to Approve Summer Camp Triggers RLUIPA Site Plan Denial Upheld
Columns & Departments
Landlord & Tenant Law
Tenant Not Entitled to Treble Damages Because Overcharge Was Not Willful Warranty of Habitability Claim Reinstated Tenant Who Never Occupied Premises Cannot Raise Habitability Claim Landlord May Not Recover Use and Occupancy for Failure to Restore Premises
Features
UPDATE: The Supreme Court 'Arthrex's' Decision In Action
Although several direct appeals for PTAB review or rehearing were made by parties who had received adverse outcomes at PTAB hearings after the Arthrex decision, on November 3, the first rehearing was granted by the PTO acting director.
Features
Influence of Lost Profits Damages In Patent Cases
In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law.
Columns & Departments
IP News
District Court: Exceptionality Found and Attorney Fees Awarded When Patent Owner Pursued Litigation With a Fraudulently Obtained Patent
Features
Johnny Cash Museum Case Includes Attorney Conflict of Interest Issue
How does "eye of the beholder" apply to law clients for determining whether an attorney is representing more than one party to a negotiation? And how would attorney/client privilege work in such a situation? These issues have been raised in litigation involving sponsorship agreements for the Johnny Cash Museum in Nashville.
Features
Recent Court Rulings on 'Embedding' Foreshadow Split In Circuits
When and how can someone else's visual content be displayed on a website without the website operator running afoul of copyright law? When and how can someone else display the website operator's visual content? A recent ruling on a popular practice at the center of these issues for entertainment and media companies may upend the current paradigm.
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