News & Analysis as of

Commercial Real Estate Civil Procedure

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

Tax Sales and Bankruptcy Stays

It is well understood that under section 362 of the Bankruptcy Code, a bankruptcy filing triggers an “automatic stay” preventing creditors from taking any act to obtain possession of or enforce a lien against property of the...more

LIDAR Data to the Rescue

by Cozen O'Connor on

Often in litigation, especially in flood claims, determining the vertical elevation of a land or water based structure or object is important. In a recent flood case, the elevation of the top of an earthen embankment and...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In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it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

Mike Knapek and Steven Dimitt Provide ‘Tips for Handling a RLUIPA Lawsuit’

by Jackson Walker on

Attorneys Mike Knapek and Steven Dimitt represent churches and religious institutions in matters related to the Religious Land Use and Institutionalized Persons Act (RLUIPA). In a recent article published by the American Bar...more

Dilapidations Claims: Repair or Despair?

by Reed Smith on

How can landlords make sure they can claim for the diminution in the value of their reversion when the lease of a dilapidated property comes to an end? Doing no work but hoping to claim was not a successful strategy for the...more

Texas Supreme Court Approves Top Lease of Reversionary Interest; Orders New Trial on Production in Paying Quantities

by BakerHostetler on

In BP America Production Co. v. Laddex, Ltd. (Case No. 15-0248), the Texas Supreme Court recently ruled that a top lease that is a conveyance of an interest in a lessor’s possibility of reverter does not violate the Rule...more

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

by Holland & Knight LLP on

California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

The Graber Opinion is Confirmed as an Outlier in Matters Involving Texas Appraisals

by Zelle LLP on

With the continued onslaught of hail and other weather related litigation in Texas, insurance carriers often elect to resolve claims through the appraisal process outlined in the policy. Insurance carriers historically...more

Safety Issue Can Be “Hardship” Justifying A Zoning Variance

by Pierce Atwood LLP on

The Massachusetts standard for granting a zoning variance is notoriously difficult to meet. In a nutshell it requires proof that: (1) due to circumstances concerning soil conditions, the shape of the lot, or the topography...more

Recent Federal Court Decision Adds Clarity to “Ordinary Wear and Tear” Lease Provisions

by Cozen O'Connor on

Most veterans of commercial leasing are familiar with the concept of a surrender clause but might not have been tasked with negotiating its meaning following lease expiration. A recent federal court decision sheds light on...more

Supreme Court defended secured creditor stating that premises in insolvency management shall be treated as being part of the...

by White & Case LLP on

In Russian insolvency procedures, it is quite common for third parties to try to exclude property from a debtor’s insolvent estate (konkursnaya massa) by claiming title to its real property in the absence of the registered...more

2016-2017 Arizona Case Law and Legislative Developments Affecting Commercial Real Estate and Lending

Pending Arizona Legislation – GPLET Transactions - House Bill 2213, which recently passed the Arizona House by a 50-9 margin, would impose a number of restrictions on Arizona’s GPLET program. The GPLET statute was...more

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

by Nossaman LLP on

When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

Pending Appeal in Michigan Supreme Court May Warrant Filing a Protective Property Tax Appeal This Year

by Dickinson Wright on

On February 1, 2017, the Michigan Supreme Court ruled that it would hear oral arguments on the application for leave to appeal in Menard. One of the issues to be considered is “whether the Michigan Tax Tribunal may utilize a...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

by Sedgwick LLP on

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

Initiating Unlawful Detainer Actions: Perfection Not Required

by Lewitt Hackman on

In November 2016 the California Supreme Court ordered that a decision from the appellate division of the San Diego Superior Court in U.S. Financial, L.P. v. Michael McLitus (“McLitus”) be published. ...more

Valero Refining-Texas, L.P. v. Galveston Central Appraisal District: A Strategic Opportunity?

by K&L Gates LLP on

The Texas Supreme Court recently handed an owner of a Texas oil refinery a significant victory in Valero Refining-Texas, L.P. v. Galveston Central Appraisal District, No. 15-0492, 2017 WL 727276 (Tex. Feb. 24, 2017). In a...more

Supreme Court decision slashes empty rates bills for developers

by Hogan Lovells on

The rateable value of commercial premises is generally equal to the rent payable under a hypothetical letting on the relevant assessment date. There are some express statutory assumptions for this – it is to be an annual...more

Arizona Attorney General Secures Dismissal of 1,700 Lawsuits By Serial Plaintiffs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A state court has granted the Arizona Attorney General’s Motion To Dismiss approximately 1,700 Arizona access lawsuits on grounds that the organizational and individual plaintiffs lacked standing to sue....more

Land Court Finds that Texting Can Bind Parties

by Bowditch & Dewey on

The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy...more

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

by Cozen O'Connor on

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers....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

BEWARE: Certain Acts of Community Management Companies Constitute the Unauthorized Practice of Law in South Carolina

by Nexsen Pruet, PLLC on

In an opinion expected to affect community management companies and owners’ associations throughout the State, the South Carolina Supreme Court has provided clarification as to what it deems to constitute the unauthorized...more

When it Rains it Floods: California Rainstorms and Flood Insurance

by Robins Kaplan LLP on

Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has...more

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