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Commercial Real Estate Civil Procedure Civil Remedies

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

Court Affirms Submission of Mitigation Instruction In A Breach Of Fiduciary Duty Case To Affirm A Jury’s Finding Of No Damages

by Winstead PC on

In E.L. & Associates v. Pabon, a company sued two former directors and their son for breaching fiduciary duties when the company lost a lease for a restaurant it operated and the directors’ son opened a nearly identical...more

California Supreme Court Settles Split of Authority re Implied Dedication of Private Property to the Public

In a 2015 post on Money and Dirt, we reviewed a then-recent Court of Appeal decision, Scher v. Burke, and discussed the split of authority among California courts on the topic of “implied dedication” of private property to...more

Recent Arizona Commercial Law Cases

by Snell & Wilmer on

Over the last few months there have been several significant commercial law cases in Arizona. These have included four Court of Appeals and three Supreme Court cases, each addressing common loan document provisions and...more

Texas Passes Bill to Curb Hail Litigation

Texas governor Greg Abbott recently signed legislation designed to curb the state’s recent spate of hail litigation against homeowner’s insurers. The new legislation, House Bill 1774 (and its counterpart Senate Bill 10), will...more

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

by Jackson Walker on

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial...more

North Carolina Supreme Court Adopts "Substantial Competent Evidence" Requirement for Borrowers Asserting "True Value" Defense in...

by Ward and Smith, P.A. on

On Friday, May 5, 2017, in a major victory for lenders, the North Carolina Supreme Court reversed the North Carolina Court of Appeals’s decision in United Community Bank v. Wolfe. In July 2015, the Court of Appeals decided in...more

Visual Artists Rights Act Review

In 1990 Congress added the Visual Artists Rights Act (VARA) to the Copyright Law as new Section 106A. Section 106A provides: 106A Rights of certain authors to attribution and integrity - (a) Rights of Attribution...more

Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

by Snell & Wilmer on

What law governs a deficiency action if the choice-of-law provisions in the note and deed of trust conflict? The Arizona Court of Appeals answered that very question in ZB, N.A. v. Hoeller, No. 1 CA-CV 16-0071 (Ct. App. April...more

Will a court recognize ‘aerosol artists’?

by Thompson Coburn LLP on

You may think of it as “graffiti,” but a court in New York must determine if “aerosol art” is “meritorious” and of “recognized stature” such that it gets special copyright protection....more

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

by Snell & Wilmer on

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

‘Home Improvement’ decision may provide tools for drafting, managing CAM in commercial leases

by Thompson Coburn LLP on

In California, commercial lease tenants typically pay a portion of the common area maintenance expenses or "CAM." Commercial leases also generally include the right of the tenant to audit the landlord's CAM statement each...more

Professional negligence: Another decision on liability for identity theft leaves the law uncertain

by Dentons on

In Dreamvar (UK) Limited v (1) Mishcon de Reya (a firm) and (2) Mary Monson Solicitors Limited [2016] EWHC 3316 (Ch), Mr David Railton QC, sitting as a Deputy High Court Judge in the Chancery Division of the High Court of...more

New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases

by Roetzel & Andress on

As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more

Court of Appeals Grants Leave to Appeal in Partnership Dissolution Case

On January 10, 2016, the New York Court of Appeals decided to hear a case that has significant consequence in the field of partnership dissolution. The case, Congel v. Malfitano,[1] concerns the allegedly wrongful...more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

by Nossaman LLP on

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

by Snell & Wilmer on

If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more

SC Court of Appeals Curbs Personal Representative Fee - Appeal arose from administration of an estate

by Nexsen Pruet, PLLC on

The South Carolina Court of Appeals recently handed down the decision of In Re: Estate of Marion M. Kay, Op. No. 5414 (S.C.Ct.App. Withdrawn, Substituted and Refiled Nov. 2, 2016) (Shearouse Adv.Sh. No. 42 at 28). In Kay,...more

Forfeiture: High Court grants relief after 14 months

by White & Case LLP on

Landlords and agents may have to look again at whether 6 months is sufficient time to allow the tenant to apply for relief, before exercising peaceable re-entry. In Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (CH) the...more

Deference for Assessment Review Boards

by Bennett Jones LLP on

Supreme Court of Canada Upholds Reasonableness as Standard of Review - The standard of review of a composite assessment review board’s decision to increase a property tax assessment is reasonableness, the Supreme Court...more

Property Tax and Valuation TOPICS: Fall 2016

by Pullman & Comley, LLC on

October 1, 2016 Revaluations: If/When/How to Challenge Your Real Estate Property Assessment - Connecticut municipalities are required to carry out a general revaluation of all real estate within their boundaries at least...more

If I get a judgment against my commercial tenant, will I be able to collect?

by Shutts & Bowen LLP on

At times, the easiest part of litigation can be getting a judgment, while collecting on the judgment can be time consuming and expensive. Unfortunately, it is difficult to determine whether you will able to collect on a...more

EU: Injunctions against intermediaries available also in the offline world

by White & Case LLP on

The Court of Justice of the European Union (CJEU) recently confirmed that the ability of rightholders to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual...more

How to Prevent a Tenant from Removing Valuable Equipment Before They Flee

by Shutts & Bowen LLP on

A landlord may prevent a tenant from taking equipment from the premises by filing a distress writ. Before a landlord files suit for eviction, it should first consider whether there is any equipment on the premises that...more

Court of Appeal decides that full losses flow from a second negligent valuation on a refinance regardless of whether the second...

by Dentons on

In Tiuta International Limited (in Liquidation) v. De Villiers Surveyors Limited [2016] EWCA Civ 661, the Court of Appeal allowed an application to set aside summary judgment after considering the correct application of the...more

Late Relief From Forfeiture

by Reed Smith on

Commercial landlords know that if a tenant fails to pay rent and the lease contains a forfeiture clause, the landlord can forfeit the lease by peaceable re entry i.e by changing the locks when the tenant is not in the...more

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