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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Court Affirms Submission of Mitigation Instruction In A Breach Of Fiduciary Duty Case To Affirm A Jury’s Finding Of No Damages

by Winstead PC on

In E.L. & Associates v. Pabon, a company sued two former directors and their son for breaching fiduciary duties when the company lost a lease for a restaurant it operated and the directors’ son opened a nearly identical...more

Recent North Carolina Court of Appeals Decision Serves as Reminder to Owners Associations

by Ward and Smith, P.A. on

A recent decision by the North Carolina Court of Appeals serves as a reminder that owners associations must deal fairly with their members at all times and board members must not let past disputes or personal issues cloud...more

Update on 2013 Amendments to the Oregon Environmental Cleanup Assistance Act

by Cozen O'Connor on

In June 2013, the Governor of Oregon signed into law Senate Bill 814, which created sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

by Cozen O'Connor on

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

The Unintentional Business Partnership & Liability For New Post-Dissolution Obligations

by Pavlack Law, LLC on

This week we examine the unintentional creation of business partnerships, liability for obligations incurred after dissolution of a partnership, and take a look at partnership by estoppel. This is done through the context of...more

Proving lost profits in a busted market for your Maryland case.

by Thomas Valkenet on

Proving lost profits can depend on whether loss is measured "at the time of the breach," or based on future events and conditions anticipated by the parties to a contract. In Tower v. Tower, decided in November, 2012,...more

Summer 2012 Litigation Update

by Jonathan Frank on

This is a summary of litigation results for the first half of 2012, including commercial real estate litigation, breach of contract litigation, business tort litigation, and shareholder litigation....more

Greenberg Glusker Obtains $2M Verdict Against Regency Outdoor Advertising

Greenberg Glusker today announced that it has secured a two million dollar verdict against Regency Outdoor Advertising on behalf of its clients, West Hollywood nightclub Whisky-A-Go-Go and Ace Outdoor Advertising. Partner Lee...more

What is the measure of damages caused by negligent professional opinion on zoning by an architect?

Architect, negligent on zoning opinion, not liable for cost of making property comply.

by Reuben Ortenberg on

Plaintiff Developer hired defendant architect for advice, among other things, regarding the zoning requirements and restrictions on a certain property in Manhattan. The architect advised that the developer would be permitted...more

A commercial tenant which waived rights under RPL 227 may not claim constructive eviction.

Waiver of RPL 227 rights leaves only remedies under lease, not constructive eviction.

by Reuben Ortenberg on

Plaintiff, commercial tenant, waived rights under NY Real Property Law section 227 as part of commercial lease. Later, after persisitent flooding allegedly caused by another tenant, plaintiff vacated the premises, stopped...more

commercial tenant suit vs. landlord based on nuisance and breach of covenant gets dismissed for lack of compensable damages.

Compensable damages needed to sue commercial landlord for nuisance and breach of covenant

by Reuben Ortenberg on

Commercial tenant sued landlord for private nuisance, based on alleged harrassment, and alleged interference with business, and for breach of covenant of quiet enjoyment. After depositions, landlord submitted deposition...more

Miller-Davis v Ahrens Construction Inc

Supreme Court to Address Whether "Statute of Repose" for Actions Against Contractors Applies to Implied "Tort" Claims for Injuries...

by Carson Tucker on

The Michigan Supreme Court heard oral argument to consider whether MCL 600.5839, the statute of repose, for “any action” against architects, engineers, or contractors to recover damages for “any injury to...more

2nd Circut Decision on "Next Day" Availability

by Lawrence McElroen on

This document contains a link to Fischer & Mandell LLP v. Citibank, N.A., 632 F3d 793 (2nd Cir. 2011). It's a decision concerning the application of UCC Articles 3 & 4 to the issue of counterfeit checks and next day...more

January 2011 Litigation Update

by Jonathan Frank on

Summary of successful results from the last quarter of 2010....more

Common Sense Tip: Don't Lose Your Cool When Sued!

by Melissa Dewey Brumback on

What to do immediately if you are sued....more

The ABCs of Current Lien Law in North Carolina

by Melissa Dewey Brumback on

Explanation of the current lien law in North Carolina for contractors and design professionals....more

What are Liquidated Damages?

by Melissa Dewey Brumback on

This article explores the legal concept of liquidated damages on construction projects....more

What is Indemnity, and why should you care?

by Melissa Dewey Brumback on

This article explores indemnity in the context of North Carolina construction projects....more

United Kingdom: damages for interference with property rights

by Druces LLP on

Following up on her recent article on the grant of an injunction to enforce property rights, Michelle Farmer of Druces LLP's property litigation department examines a recent High Court decision where damages were awarded in...more

United Kingdom: Court orders removal of building works infringing rights to light

by Druces LLP on

A recent High Court decision in England and Wales has demonstrated the Courts' willingness to order the removal of completed building works built in contravention of neighbouring property rights. In many such cases previously...more

United Kingdom: Abandoned Property

by Druces LLP on

When a tenant leaves goods at the premises at the end of its lease, the landlord may want to dispose those goods so that he can re-let the premises. In this article, Ben Lomer and Michelle Farmer, of Druces LLP's Dispute...more

Tres Galanes v Cordoba

Michigan Court of Appeals decision

by Jonathan Frank on

Favorable decision from Michigan Court of Appeals affirming dismissal of all claims before trial....more

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