General Business Commercial Real Estate Civil Procedure

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When Commercial Sense is Not Commercial Sense: Arnold v. Britton and others [2015]

Background - The Supreme Court has handed down judgment in a service charge case that has major relevance to contractual interpretation in general. The central issue concerned when the Court should give weight to...more

Florida Appellate Court Rejects Bid to Curb Insureds’ Assignments to Contractors

Many property insurance policies contain terms that prohibit assignment, but Florida law has long deemed those terms inoperative once a loss has occurred. E.g., W. Fla. Grocery Co. v. Teutonia Fire Ins. Co., 74 Fla. 220...more

Bonding off a Private Mechanic’s Lien In Kentucky

In my previous post, I discussed the basics of filing a private mechanic’s lien in Kentucky. Today, the subject will turn to the release of a private mechanic’s lien by execution of a bond. Execution of a bond for release of...more

Missouri Court Clarifies What Constitutes An Ensuing Loss

Last week in Performance Arts Cmty. Improvement Dist. v. ACE Amer. Ins. Co., 2015 WL 3491292, 2015 U.S. Dist. LEXIS 71592 (W.D. Mo., June 3, 2015), a federal court in Missouri shot down an insured’s arguments that a wall...more

New Jersey State Court Rules Damage Caused by Superstorm Sandy Not Subject to Flood Sublimit

In a decisive victory for policyholders, Judge Thomas Vena of the Essex County Superior Court in New Jersey ruled that significant damages incurred by Public Service Enterprise Group Inc. (“PSEG”) as a result of storm surge...more

Great News for Lenders—A Recent Decision Further Limits the Sham Guaranty Defense

Recently, and shortly after my visit to several lender clients to make presentations regarding, among other topics, the enforceability of commercial guaranty agreements and the sham guaranty defense, the California Court of...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

Iowa Court: Anti-Concurrent Causation Language Mandates That the Jury Determine Whether an Excluded Peril Was One Cause of the...

Last month, we discussed a recent Texas Supreme Court decision that enforced an anti-concurrent causation (ACC) clause.  The month of April also saw a unanimous panel on Iowa’s intermediate level appellate court do the same...more

Florida High Court to Decide When a Trial Court May Set Aside a Default Judgment

On April 9, 2015, the Florida Supreme Court held oral argument on Santiago v. Mauna Loa Investments, LLC, No. SC13-2194 (review granted May 22, 2014), which will require the Court to clarify the scope of a trial court’s...more

District of Colorado: “First-Party Claimant” Under State Bad Faith Statute is Not Synonymous With First-Party Bad Faith Under...

Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015). The U.S. District Court for the District of Colorado denies an insurer’s motion to...more

Texas High Court Clarifies Multiple Perils Coverage Scope

Often damage to a building or structure can be the result of multiple perils. One of the most common examples is when a windstorm causes a building to sustain both flood and wind damage. Based on the policy language at issue,...more

New York Court Holds Parking Lot Exclusion Inapplicable

In its recent decision in Lancer Indem. Co. v JKH Realty Group, LLC, 2015 N.Y. App. Div. LEXIS 3293 (N.Y. 2d Dep’t Apr. 22, 2015), the New York Appellate Division, Second Department, had occasion to consider the application...more

The Bryant Park Hotel Denied Preliminary Injunction in Trademark Dispute

The Bryant Park Hotel has been using its registered trademarks, including the well-known mark THE BRYANT PARK HOTEL, in connection with hotel, restaurant, and bar services since 2001, but U.S. District Judge Rakoff found that...more

Is Your ORRI What You Think It Is?

Bankruptcy Court reinforces importance of parties’ intent in determining the nature of overriding royalty interests under state law. On April 2, 2015, the United States Bankruptcy Court for the District of Delaware...more

Coverage Not Limited to Schedule of Locations in Fight Over Dam Liabilities

In C. Brewer & Co., Ltd. v. Marine Indem. Ins. Co. of Am., No. SCWC-28958 (Haw. Mar. 27, 2015), the Supreme Court of Hawaii ruled that liability coverage is not limited to only those locations defined in an insurer’s schedule...more

Why Your Property Management Business Needs a Lawyer

A wise move when performing regular commercial transactions with members of the public is to organize or incorporate that business to limit one’s personal liability in the event problems occur. ...more

Arizona Federal Court Addresses Business Income Loss Coverage

In White Mt. Cmtys. Hosp., Inc. v. Hartford Cas. Ins. Co., 2015 U.S. Dist. LEXIS 50900 (D. Ariz. Apr. 17, 2015), the U.S. District Court for the District of Arizona had occasion to consider the extent of coverage under a...more

Tennessee “As Is” Property Buyers Better Beware

A recent Tennessee Court of Appeals decision reinforces that parties to a contract are free to disclaim reliance on representations made by the other party. In Terry Pritchett v. Comas Montgomery Realty & Auction...more

Real Estate Tip: Enforcing Shopping Center Reciprocal Easement Agreements in a Declining Market

Lord & Taylor signed a Reciprocal Easement Agreement, requiring its landlord to maintain a “first class high fashion regional shopping center.” The REA also required shared access and parking and required Lord & Taylor’s...more

Sham Guaranties Are Hard To Come By

In prior posts I highlighted the difficult position occupied by guarantors of real estate secured loans. In short, while California law extends very strong anti-deficiency protections to borrowers, those same protections can...more

(US) Is your Letter of Intent binding in Maryland? It might be.

You may want to use caution in drafting a Letter of Intent because a court may find it binding even if that was not your intent. On January 27, 2015, the Court of Appeals of Maryland entered a finding that a letter of intent...more

Update: The Consequences of Modifying Pennsylvania's Powers of Attorney Statute Potential Impacts on Commercial Loans & Leases

On April 14, 2015, pending legislation was passed by the Pennsylvania House Judiciary Committee to resolve the current state of flux of confession of judgment provisions and the bill was sent to the Pennsylvania House of...more

Transferee Liability: The Lottery Ticket/Uranium Contract Rule

Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 773 F.3d 990 (9th Cir. 2014) – A chapter 7 trustee sought to avoid a transfer by the debtor as a fraudulent conveyance and then to recover funds disbursed by the...more

Doctrine of Merger Not a Good Blend for Seller of Sonoma Winery Property

In Ram’s Gate Winery, LLC v. Joseph G. Roche, et al. (No. A139189 & A141090, filed 4/9/15) (Ram’s Gate), the California Court of Appeal for the First Appellate District held the doctrine of merger did not extinguish a...more

Words Landlords Use Every Day: Standing and Privity

“Standing” is the right to bring a case to court. “Privity” is a legal relationship. A landlord and tenant may have (or may be in) privity of contract because they both agree to certain contractual terms in a lease....more

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