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The Comprehensive Plan Requirement
March 01, 2019
New York law has long required that zoning be in accordance with a comprehensive plan. Historically, the plan requirement has been toothless. Legislative efforts to invigorate the requirement have largely been ignored by the courts. Yet litigants continue to challenge zoning ordinances as inconsistent with a comprehensive plan.
Real Property Law
March 01, 2019
Ownership of Shifting Beaches<br>Brokerage Commission Provision Expired<br>Adverse Possession/Tennis Court<br>Deed Obtained by False Pretenses
Development
March 01, 2019
Negative Declaration/Time Bar<br>No Estoppel Against Village<br>Denial of Area Variance
Landlord & Tenant
March 01, 2019
Prior Judgment Does Not Bar Breach Claim<br>Accommodation of Disabilities
Cooperatives and Condominiums
March 01, 2019
Right to Rooftop Space
25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies
March 01, 2019
On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court's unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., has been cited in more than 500 court decisions. But the Supreme Court's pronouncement left questions and controversies in its wake.
Decision of Note: Race Discrimination Claims Against Charter Cable Can Proceed
March 01, 2019
The Ninth Circuit decided that a group of African-American-owned television networks can pursue racial discrimination claims against Charter Communications Inc., the nation's third-largest cable provider.
FCA and Statute of Limitations: A Puzzle for the Supreme Court
March 01, 2019
The FCA is not a model of clarity. In a certiorari petition in United States ex rel. Hunt v. Cochise Consultancy, the U.S. Supreme Court will address an area of uncertainty that has led to a three-way circuit split regarding the FCA's statute of limitations. Depending on the outcome, FCA defendants could end up facing even more claims up to a decade old or, alternatively, have a new limitation on FCA actions upon which to rely.
Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files
March 01, 2019
The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in <i>Capitol Records LLC v. ReDigi Inc.</i>, affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.
'Sophisticated' Losers
March 01, 2019
Why Commercial Fraud Claims Sometimes Fail, and the Importance of Due Diligence If a court decision called you "sophisticated," it was probably not intended as a compliment, but instead signaled the death knell of your fraud claim.

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