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Litigation Strategies Commercial Leases

Katten Muchin Rosenman LLP

If You Wanted Heat, You Should Have Put It In The Lease

A D.C. hospital operator's effort to get its HVAC system upgraded has backfired in nightmarish fashion for the operator. Hospital operator DCA leased its Northeast D.C. premises from Capitol Hill Group starting in late...more

Husch Blackwell LLP

California Supreme Court Decides Cotenancy Provisions Are Here to Stay

Husch Blackwell LLP on

On December 19, 2024, the Supreme Court of California passed down a unanimous decision in a lawsuit closely watched by commercial real estate landlords and retail tenants that involved the validity of so-called cotenancy...more

Patton Sullivan Brodehl LLP

Commercial Lease Co-Tenancy Clauses: California Supreme Court Weighs In

The California Supreme Court weighed in on the validity of commercial lease co-tenancy provisions with its recent opinion in JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC. A commercial lease co-tenancy clause conditions a...more

Seyfarth Shaw LLP

California Residential and Commercial Evictions and Judicial Foreclosures Prevented by Emergency Amendments to California Rules of...

Seyfarth Shaw LLP on

On April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court regarding evictions under commercial and residential leases and judicial foreclosures....more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Poyner Spruill LLP

When a Park in the Sky Leads to a Lawsuit - Three Strategies for Success in High-Stakes Litigation

Poyner Spruill LLP on

In 2002, New York City announced its support for preserving the High Line—turning an unused elevated railroad into a thriving park in the heart of Manhattan’s West Side. Fifteen years later, it is one of the City’s top...more

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