Litigation

Features

As in past times of economic turmoil, it is anticipated that there will be a surge in residential foreclosures, debt collection activity, and the resultant wave of consumer bankruptcy filings.

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Federal Circuit: Texas Court Abused Its Discretion By Delaying On Venue Transfer Motion While Proceeding With the Merits of the Case Federal Circuit: PTAB Violates the APA When It Sua Sponte Adopts a New Claim Construction to Support New Theory of Invalidity for First Time

Features

The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."

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Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes Absence of Property Description Did Not Preclude Equitable Mortgage City Entitled to Cancel Contract With Delinquent Former Owner When Owner Failed to Appear At Closing Statute of Limitations Does Not Bar Continuing Nuisance Claim Against Drilling Contractor

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Guaranty Did Not Extend Past Lease Term Holdover Rent Award Reduced Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure

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Shareholder's Failure to Seek Relief During Cure Period Bars Preliminary Injunction Non-Purchasing Senior Citizens Not Protected Against Eviction Upon Conversion Occupant of Rent Stabilized Co-Op Unit Entitled to Succession Rights

Features

California DMV regulations excluding plaintiffs' personalized plates were like the PTO trademark registration restrictions of SLANTS and FUCT — restrictions struck down by the U.S. Supreme Court for violating the First Amendment.

Features

The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.