Civil Procedure › Business Torts › Commercial Real Estate

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

North Carolina Securities Act Claims Take Shape In The Business Court

There is little case law under the North Carolina Securities Act. But last week, in NNN Durham Office Portfolio 1, LLC v. Highwoods Realty Limited Partnership, 2013 NCBC 12, Judge Gale took several steps into that uncharted...more

Useless Attorneys’ Fees – The Importance of Understanding Florida’s Rules of Civil Procedure

On September 19, 2012, the Third District Court of Appeals decided that a first party plaintiff could not prosecute a claim against a third party defendant in Brady v. P3 Group (LLC) and Hypower, Inc....more

It's A First: Fiduciary Duty Claim Sticks Against A Bank

For the first time that I am aware of, the Business Court has found a Complaint to sufficiently allege a breach of fiduciary duty claim against a bank, in today's opinion in WNC Holdings, LLC v. Alliance Bank & Trust Co....more

A Lender’s Claim For “Bad Faith” Waste Is Actionable Notwithstanding Antideficiency Statutes Unless The Waste Results From...

A California Court of Appeal recently held that notwithstanding the antideficiency statutes, the holder of a note and deed of trust that exercises the power of sale may bring an action for bad faith waste and impairment of...more

Mezzanine Borrower’s Chapter 11 Case Filed on Eve of Foreclosure Sale Dismissed as a Bad Faith Filing

On December 22, 2011, Judge Mary F. Walrath of the U.S. Bankruptcy Court for the District of Delaware dismissed with prejudice a mezzanine borrower’s chapter 11 case. See In re JER/ Jameson Mezz Borrower II LLC, 461 B.R. 293...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

Texas Case Law Update

In an ongoing effort to update our financial institution clients about important developments in Texas jurisprudence that may impact them, we bring to your attention two recent decisions of particular import. Dallas trial...more

The 123s of Current North Carolina Lien Law: Issues for Owners

Issues for Owners facing a Lien on their Property in North Carolina....more

No Chance - Court of Appeal rules not to extend 'loss of chance' to commercial valuations

In this article, we look at how the courts assess damages in 'loss of chance' cases. Michael Axe also reports on the English Court of Appeal's recent warning regarding the dangers of applying these principles to commercial...more

Tres Galanes v Cordoba

Michigan Court of Appeals decision

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

Boscoe v. HCV Pacific Partners

Opposition to Plaintiff's Motion to Exclude Evidence

Defendant HCV Pacific Partners' Opposition to Plaintiff's Motion to Exclude Evidence of State Bar Investigation and Resignation, and Unrelated Lawsuits, Liens and Judgments. This almost reads like a mystery novel about a...more