Western District of Pennsylvania Limits Party’s Ability to Recover Response Costs by Sedgwick LLP on 5/16/2012 The U.S. District Court for the Western District of Pennsylvania determined that a potentially responsible party conducting a site cleanup pursuant to both a state court order and an administrative settlement with a state...more
Church Members Prohibited From Soliciting Donations In Front Of Grocery Store by Kronick, Moskovitz, Tiedemann & Girard on 5/16/2012 Church members can be permanently barred from soliciting donations outside a stand-alone grocery store, under a recent court of appeal ruling (Ralphs Grocery Company v. Missionary Church of the Disciples of Christ (---...more
HB1013 Effective July 1, 2012 - Governor Scott and Florida Legislature Tell Florida Appellate Court No Dice on Extending Implied... by Rosa Eckstein Schechter on 5/9/2012 HB1013 in the Florida Legislature has been closely monitored by many in the Florida real estate industry (check out our earlier post from February 2012 for details) and now, it's a done deal....more
New Law Means Major Changes to Iowa's Mechanic's Lien System by Davis, Brown, Koehn, Shors & Roberts, P.C. on 4/30/2012 On Friday, April 27, 2012, the Governor signed House File 675 into law. This new law will significantly change Iowa's mechanic's lien system and implements numerous amendments to Iowa Code Chapter 572, which governs...more
Title Companies Limit Ability to Use Deed-in-Lieu as a Remedy by Kilpatrick Townsend on 4/17/2012 It has come to our attention that Fidelity National Title Insurance Company, First American Title Insurance Company, Stewart Title Insurance Company and Old Republic Title Insurance Company will no longer issue title...more
A New Case Interpreting Limited Recourse Guarantees; This Time With a Different Result by Manatt, Phelps & Phillips, LLP on 4/12/2012 Facts: Lender made a $44,000,000 loan to Borrower. Borrower purchased two commercial properties and leased them to Washington Mutual Savings and Loan (“Tenant”). The loan was a non-recourse loan, secured only by the real...more
With Great Power Comes Great Responsibility: Delaware Bankruptcy Court Holds Debtor-Lessee Cannot Reject Lease Until It Surrenders... by Cadwalader, Wickersham & Taft LLP on 4/9/2012 On February 24, 2012, Judge Kevin Gross of the U.S. Bankruptcy Court for the District of Delaware held that the debtor-lessee’s rejection of a lease cannot become effective so long as a non-debtor sublessee maintained...more
K&L Gates Represents Oil and Gas Producers in Major Pennsylvania Supreme Court Victory by K&L Gates LLP on 4/4/2012 On March 26, 2012, the Pennsylvania Supreme Court issued its long-awaited decision in T.W. Phillips Gas & Oil Co. v. Jedlicka, ___ A.3d ___, Docket No. 19 WAP 2009 (Pa. March 26, 2012). In a major victory for Pennsylvania’s...more
Tenant entitled to terminate lease where LL required to pay RE taxes but fails to do so. App. Div. 3d Dep't reverses ruling that RE tax payment obligation is not basis for termination of lease when breached. by Reuben Ortenberg on 3/29/2012 A commercial lease provided that the landlord was to pay real estate taxes. The provision was included in a section of the lease which listed the landlord's obligations under the lease. The lease also provided that upon...more
App. Div. 1st Dep't reverses grant of Yellowstone injunction which went to merits rather than preserve status quo. Purpose of Yellowstone injunction is to preserve status quo, not to decide merits of dispute by Reuben Ortenberg on 3/27/2012 Commercial landlord sought access through tenant's space in order to install an elevator shaft which it claimed was required for compliance with the Americans with Disabilities Act ("ADA"). However, the notice sent to...more
Appellate Court Aids Negligent Mortgage Lenders by Rejecting "Gross Negligence" Exception to Equitable Subrogation Rule by Cole Schotz on 3/27/2012 Thanks to a recent appellate court decision, refinancing mortgage lenders in New Jersey who seek to subrogate to an original mortgagee’s position, but are negligent in discovering intervening judgment liens, can rest easier...more
Louis Vuitton Achieves Genuine Victory Over Flea Market's Phony Sales by Sheppard Mullin Richter & Hampton LLP on 3/27/2012 Luxury brand titan Louis Vuitton recently achieved a significant victory over counterfeiting of its designer products. In an action brought in the U.S. District Court for the Western District of Texas, Louis Vuitton sued the...more
Town Board was wrong to impose Special Permit conditions where the use was permitted and a Special Permit not required Conditions on site plan approval must relate only to use of the property and not to the persons who own it. by Reuben Ortenberg on 3/16/2012 Petitioners owned land on which they operated a motor vehicle sales and service business. They bought an adjacent parcel of vacant land for the purpose of expanding their business. Both properties were zoned "Commercial C:...more
Drilling a Dry Well Is Not an Occurrence Under a CGL Policy by Sedgwick LLP on 3/16/2012 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
Settling Party Barred from Bringing a CERCLA Section 107(a) Claim by Greenberg Glusker Fields Claman & Machtinger... on 3/9/2012 This week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia), the Eleventh Circuit held that a party that performs a cleanup in compliance with a consent decree has no right under the Comprehensive...more