Commercial Real Estate › Business Torts › Civil Remedies

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

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

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

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

Drilling a Dry Well Is Not an Occurrence Under a CGL Policy

In PPI Technology Services, LP v. Liberty Mut. Ins. Co., 2012 WL 130389 (S.D. Tex. Jan. 17, 2012), the Southern District of Texas held that there was no "occurrence" of covered "property damage" arising from underlying claims...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

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

Robo-Signers: Will their Actions Have Serious Legal Consequences, and if so, for Whom?

CSK Quarterly Spring 2011...more

Good Night, Sleep Tight, But the Bedbugs Still Bite

CSK Quarterly Spring 2011...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...

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

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

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

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

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

The ABCs of Current Lien Law in North Carolina

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

How to Use CA Blue Sky to Recover Investment

How to establish whether the Act applies to your particular transaction? First, review Cal. Corp. Code Sec. 25008. Note that a sale can be deemed to occur in California even when the purchaser is in another state, and...more

What are Liquidated Damages?

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

What is Indemnity, and why should you care?

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

United Kingdom: damages for interference with property rights

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

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

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

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