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Impossibility Commercial Tenants

Miller Canfield

Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

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Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Holds that Doctrines of Frustration of Purpose and Impracticability/Impossibility of Performance are...

Tucker Arensberg, P.C. on

In the first Pennsylvania appellate case addressing the effects of government-ordered business closures due to the Covid-19 pandemic on a commercial lease default, the Pennsylvania Superior Court has held that the traditional...more

Goulston & Storrs PC

ICSC U.S. Law Conference 2021

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The 51st Annual International Council of Shopping Centers (ICSC) U.S. Law Conference was held earlier this month in San Francisco from November 3 – 5, 2021. Chaired by our own David Rabinowitz, the event hosted more than 700...more

Holland & Knight LLP

Frustration of Purpose and Impossibility Doctrines in the COVID-19 Era

Holland & Knight LLP on

In a survey of cases in federal, state and bankruptcy courts, commercial tenants seeking to delay or excuse the payment of rent because of pandemic-related downturns in business sometimes looked to the equitable doctrines of...more

Pillsbury Winthrop Shaw Pittman LLP

Court Finds Pandemic Does Not Satisfy Lease’s Casualty Clause

One year into the pandemic, courts have almost uniformly found that COVID-19 does not permit commercial tenants to avoid their rent payment obligations. In this case, the court continued that trend, ruling that the pandemic...more

Holland & Knight LLP

March Decisions Bring Mixed Results for Parties to New York COVID-19 Commercial Lease Disputes

Holland & Knight LLP on

Two recent cases from New York state court came out on opposite ends of the landlord-tenant and landlord-guarantor divides over COVID-19-related commercial lease disputes. On the pro-landlord end of the spectrum, in Mept 757...more

Buchalter

Buchalter COVID-19 Client Alert: Mind the Gap: No Rent Relief for The Gap in New York

Buchalter on

In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New...more

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

Goulston & Storrs PC on

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Kramer Levin Naftalis & Frankel LLP

Commercial Leases in New York: Enforcement Is on Pause, but Negotiations Should Be Ongoing

New York courts are resuming some operations, but eviction proceedings, including for violations of commercial leases, are still suspended. However, those contracts — and the obligations they created — still exist. ...more

Foley & Lardner LLP

COVID-19 and Texas Commercial Leases: A Review of Force Majeure and Impossibility of Performance

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As the consequences of the COVID-19 outbreak continue to hit our economy, it is crucial that commercial landlords and tenants are aware of possible options for rent or other relief under any existing leases for commercial...more

Cozen O'Connor

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose

Cozen O'Connor on

New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay...more

White & Case LLP

Czech Responses to COVID-19

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The goal of the Prague COVID-19 Task Force is to regularly update our clients on actual and prospective developments in their markets consequent on the pandemic, primarily from a Czech perspective but also across the region. ...more

White & Case LLP

How do we fare in Real Estate during the South African lockdown and beyond

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Declared by the World Health Organization on 11 March 2020 as a global pandemic, the Coronavirus outbreak ("COVID-19") is having far-reaching consequences for all states affected by this pandemic. Amidst the lockdowns and...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

Seyfarth Shaw LLP

Difficult Leasing Decisions for Tenants 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 tenants are being forced to make difficult decisions to adapt to these sudden changes, especially...more

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