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Lucantonio v Stichter – “No Causation” finding confirmed

The Court of Appeal decision in Lucantonio v Stichter provides a refresher on how a Court should determine if a person’s breach of duty caused harm under the Civil Liability Act 2002 (“Act”)....more

The Disclosure Duties Owed by Banks as Agents to Lenders

The Chancery Division recently handed down its judgment on a hedge fund law suit brought against an agent bank for failing to disclose certain information regarding the borrower’s declining financial health and the occurrence...more

Robert T. Koger of Molinaro Koger is arrested and put behind bars. A shocking course of continuing fraudulent conduct is unveiled

Hotel Lawyer with the latest on the arrest and jailing of Rob Koger, formerly of Molinaro Koger. There are some significant new developments in the saga of Robert T. ("Rob") Koger and the high profile civil and criminal cases...more

CEQA Litigation: The Cost Of Doing Business In California

There has been a lot of news lately on the costs of CEQA litigation, as well as the potential for the statute to be used as a tool to stop development, good or bad, or exact concessions or pay-offs. What is CEQA? CEQA, or...more

Can an Intervening Insurance Company Sue for Breach of Contract?

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

How Graphics Helped a Trial Team Show Complex Data and Win

I love hearing the news that one of our clients had a great result using the work we did for them. The most recent big win I’m happy to report is Manatt, Phelps & Phillips, LLP, won a major lender liability/wrongful...more

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of...more

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

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.

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

Letters Of Intent: Binding Or Not?

Be careful, your Letters of Intent may be binding unless drafted properly. That’s the message from a 2011 case First National Mortgage Co. v. Federal Realty Investment Trust, 631 F.3d 1058 (February 1, 2011). Companies...more

Buyer Beware: Court Decision Highlights Importance of Performing Careful Diligence

In Princes Point LLC v. AKRF Engineering, P.C., No. 601849/2008 (N.Y. Sup. Ct. Jul. 13, 2012), Judge Charles Edward Ramos granted a motion for summary judgment dismissing plaintiff’s claims of fraud, negligent...more

Summer 2012 Litigation Update

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

Ignorance Not Bliss: Cyber Risk Management Found Lacking

Despite increasing cyber attacks, significant losses from operational downtime, and further governmental regulation, companies are still not taking measures for basic responsibilities for cyber governance, or even securing...more

Los Angeles Port Modernization

A project to modernize a container terminal at the Portof Los Angelesis being trumpeted by a press release after approval by the Los Angeles Harbor Commission of the final Environmental Impact Report. The container terminal...more

Business Contracts Necessary, But Not Necessarily Complex

In Amadeus, the movie based on the life of Wolfgang Mozart, the Austrian emperor is previewing Mozart’s latest opera. The emperor is shown listening thoughtfully throughout the entire vast musical extravaganza. When the...more

Incentives are Still Available For Growth in Los Angeles State Enterprise Zone

Los Angeles area businesses looking to expand or establish a presence within the City, but concerned about the cost of doing business, may want to consider locating their offices or other facilities within a State Enterprise...more

Business Contracts Necessary, But Not Necessarily Complex

In Amadeus, the movie based on the life of Wolfgang Mozart, the Austrian emperor is previewing Mozart’s latest opera. The emperor is shown listening thoughtfully throughout the entire vast musical extravaganza. When the...more

Can formatting and font size in your contracts create liability? You bet.

Can formatting and font size in your contracts create liability? You bet. Believe it or not, the wrong font size and type style in a contract can get you into legal hot water. Here are a few examples from Texas law that...more

Not Yet Out of the Woods: New Jersey Commercial Foreclosures Still Climbing

Not Yet Out of the Woods: New Jersey Commercial Foreclosures Still Climbing by Victor Kinon While many are hopeful that the New Jersey economy is starting to rebound, commercial real estate foreclosures are still...more

Delaware Chancery Court Explores LLC Fiduciary Principles

Delaware Chancery Court confirms that fiduciary duties apply to LLC managers in absence of contrary LLC agreement provisions and distinguishes the implied covenant of good faith and fair dealing A Delaware LLC leased...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.

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

What Is Rescission In Contracts Law?

From legal perspective, rescission of a contract is distinguishable from cancellation of a contract. Rescission reverts the contract to the day it had not been signed as if the contract had not been made. In fact, the...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.

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

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

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