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Commercial Real Estate Civil Procedure Business Torts

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Court Puts the Brakes on Whistleblower's FCA Parking Claims

by Baker Ober Health Law on

The Department of Justice (DOJ) reports that, in fiscal year 2016 ending September 30, it obtained more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims. More than half of this...more

Suing on Behalf of People You’re Suing Can Sink a Derivative Lawsuit — Especially If You Have a Litigious Nature

by Farrell Fritz, P.C. on

The U.S. reportedly has the world’s highest number of lawyers per capita (1 for every 300 people) and the 5th highest number of lawsuits per capita (74.5 for every 1,000 people, topped only by Germany, Sweden, Israel, and...more

New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

by Hinshaw & Culbertson LLP on

Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with...more

A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code

The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform...more

Court Clarifies the Circumstances in which an Expert Determination is Reviewable

by DLA Piper on

The recent decision of the New South Wales Court of Appeal in Australian Vintage Limited v Belvino Investments No 2 Pty Limited [2015] NSWCA 275 has clarified when an expert determination can be reviewed by the court, giving...more

Negligent Misrepresentation Standard Shifts in Contractor’s Favor with Pennsylvania Appellate Ruling

by Saul Ewing LLP on

Contractors and subcontractors who are aggrieved by erroneous information on construction documents may have an easier time proving an architect or other design professional made a negligent misrepresentation that harmed them...more

Tennessee “As Is” Property Buyers Better Beware

by Butler Snow LLP on

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

Locke Lord QuickStudy: Range Resources Case

by Locke Lord LLP on

On March 6, 2015, the Texas Supreme Court decided a case involving the duties owed to the non-executive holder of a nonparticipating royalty interest by both the executive rights holder and the lessee that negotiated the...more

Bad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract...

by Wilson Elser on

Two recent New York federal court decisions – 433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No....more

Middle District of Pennsylvania: Neither Unprofessionalism of Lower-Level Claims Employees Nor Failure to Interview Insured’s...

by Saul Ewing LLP on

Honesdale Volunteer Ambulance Corp. Inc. v. Am. Alternative Ins. Corp., CIV.A. 3:11-1488, 2014 WL 1203317 (M.D. Pa. Mar. 24, 2014) - Middle District of Pennsylvania grants summary judgment on bad faith claim where...more

Lucantonio v Stichter – “No Causation” finding confirmed

by DLA Piper on

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

by Ropes & Gray LLP on

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

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

by Cozen O'Connor on

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

by Brooks Pierce on

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

by Brooks Pierce on

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

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

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

Texas Case Law Update

by Jackson Walker on

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

by Melissa Dewey Brumback on

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

by Michael Axe on

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

by Jonathan Frank on

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

by Robert Scott Lawrence on

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

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