News & Analysis as of

Breach of Contract Commercial Property Owners

Kaufman & Canoles

Court of Appeals of Virginia Holds Possession Under Mistaken Belief Can Establish the Requisite Hostile Possession for a Claim of...

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Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more

Holland & Knight LLP

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

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The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing...more

Freiberger Haber LLP

Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied

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Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more

Blake, Cassels & Graydon LLP

Exécution en nature : un redressement pas si « extraordinaire » dans un contexte de différend immobilier

Introduction - Dans deux affaires récentes, la Cour supérieure de justice de l’Ontario (la « Cour ») a rendu des décisions qui s’éloignent de la position voulant que l’exécution en nature soit un redressement «...more

Blake, Cassels & Graydon LLP

Specific Performance: Not Too “Extraordinary” of a Remedy for Real Estate Disputes

Introduction - In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate disputes. In...more

McGlinchey Stafford

The Bullet Point: A Commercial Law Bulletin - When can a non-party enforce a forum selection clause?

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Winthrop & Weinstine, P.A.

No Refuge in Impossibility or Frustration of Purpose for Commercial Tenants, Says Minnesota Court of Appeals

The struggles of commercial tenants due to the COVID-19 pandemic are as widespread as they will be long-lasting.  From closures to strict regulations that have greatly disrupted normal operations, businesses are facing...more

JAMS

Business Interruption and the Impact on Real Estate

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COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

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Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Zelle  LLP

Class Certification Issues in Coronavirus-Related Commercial Property Insurance Litigation

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The coronavirus pandemic raises the specter of potential class action exposure for commercial property insurers. The combination of staggering losses to America’s small businesses and the perceived deep pockets of insurers...more

Fox Rothschild LLP

When Judging Investment Options By The Numbers, Second Follows First, And Nothing Else

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At Fifth and Church streets in uptown Charlotte, a group of investors opened the aptly named restaurant, 5Church. Other locations and restaurant brands followed, the fifth of which – Sophia’s Lounge – landed next door to the...more

Seyfarth Shaw LLP

10 Considerations for Landlords During the Coronavirus Crisis

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Disruptions from the coronavirus (COVID-19) pandemic will have a lasting impact on industries worldwide. Commercial real estate landlords and tenants are being forced to make difficult decisions to adapt to these sudden...more

Farrell Fritz, P.C.

A Case of LLC Withdrawal Symptoms

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I was especially drawn to the case I’m about to introduce involving LLC member withdrawal, owing to the Jacobs v Cartalemi case that I litigated to a successful conclusion about two years ago, also involving member...more

Whitman Legal Solutions, LLC

Wachet Auf and Lis Pendens

Today, Wachet Auf is possibly Bach’s best known cantata. It has been frequently used in movies and television, ranging from Mr. Holland’s Opus to Mad Men (in the episode Three Sundays) to Win Ben Stein’s Money.   In real...more

Carlton Fields

Break Out Your Crystal Ball: New York’s First Department Relies on Policy’s Mitigation Provision as Support for Allegation That...

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An insured sought coverage under its commercial property insurance policy for property damage incurred after construction work was performed in an adjoining building. ...more

Bennett Jones LLP

Not All Breaches of Contract Are Created Equal

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A breach of contract that deprives the innocent party of "substantially the whole benefit of the contract" gives the innocent party the option to terminate the contract and discharge the parties from future obligations, the...more

Patton Sullivan Brodehl LLP

“Reverse Triangular Merger” Doesn’t Transfer Title to Entity’s Real Property

A recent LLC Jungle blog post covered the impact of “conversion” from a different form of entity to an LLC — generally, the entity’s rights and liabilities remain the same. But what about a more sophisticated transaction...more

Robinson+Cole Property Insurance Coverage...

Massachusetts Reference Award and Alleged Chapter 93A Violation Addressed By Federal District Court Opinion

The Massachusetts reference process is a creature of statute designed to provide an expeditious method to resolve disputes over the amount of loss covered by a property insurance policy. While a reference panel cannot decide...more

Pullman & Comley, LLC

Appellate Court Notes

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- AC34886 - State v. Bush - AC35418 - State v. LaFleur - AC36275 - North Star Contracting Corp. v. Albright This case dealt with who is the proper party to bring a shareholder derivative action. A...more

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