Key Lease Work Letter Issues When the Tenant Is Doing the Work
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
CFPB’s Involvement in Tenant Screening - FCRA Focus Podcast
When Can Oregon Landlords Terminate Residential Tenancy Without Cause?
Practicing on the Front Lines of Landlord-Tenant Regulations and Housing Law
It’s Lit? Insight into the Increase in Cannabis-Related Litigation in California
Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Law Brief®: Robert Wolf, Alexander Tiktin and Richard Schoenstein Discuss the Continuing Foreclosure/Eviction Moratorium
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision, COVID WARN Act Developments
Law School Toolbox Podcast Episode 265: Listen and Learn -- Constructive Eviction
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Reopening Commercial Buildings: COVID-19 Issues Podcast
Bar Exam Toolbox Podcast Episode 93: Listen and Learn -- Constructive Eviction
Commercial Leases - Navigating a New Normal
Subro in Seconds | VLOG 2
Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin
In 89 Holland Park (Management) Limited v Dell & Dell, the largest ever UK residential service charge dispute, the Court of Appeal has refused to allow a landlord to recover the legal costs of a dispute with its neighbour...more
Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more
Our world is increasingly ruled by electronic communications. Text messages, Slack channels, and e-mails are all tools of business today. But what happens when a contract requires written notice by a more formal method? Do...more
In Donegal Mut. Ins. Co. v. Thangavel, No. 379, 2022, 2023 Del. LEXIS 227, the Supreme Court of Delaware (Supreme Court) considered whether the Sutton Rule prevented the plaintiff from pursuing subrogation against the...more
It appears real estate brokers in the District will be able to breathe a sigh of relief after the US Court of Appeals for the DC Circuit vacated and remanded a district court’s finding that a brokerage firm failed to properly...more
Keara Waldron and Lindsay H. Sklar discuss the decision by the Bankruptcy Court for the Southern District of New York in the case of In re Cortlandt Liquidating LLC, which parted with decades of precedent to endorse and apply...more
In Patton v Pearson, No. M2022-00708-COA-RC-CV, 2023 Tenn. App. LEXIS 231, the Court of Appeals of Tennessee (Court of Appeals) considered whether the lower court erred in dismissing an insurance carrier’s lawsuit against its...more
A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease. The litigation began when, after the tenant/buyer exercised its purchase...more
In a recent decision, the Second District Court of Appeal indirectly addressed an issue that comes up from time to time in landlord-tenant litigation: whether the landlord must produce in discovery documents relating to other...more
On February 1, 2022, the Ninth Circuit released its opinion in Ballinger v. City of Oakland 1 affirming the district court’s dismissal of a lawsuit in which the plaintiffs claimed that the City of Oakland’s Uniform...more
In Sheckler v. Auto-Owners Ins. Co, 2021 IL App (3d) 190500, 2021 Ill. App. LEXIS 593, Auto-Owners Insurance Company (Insurer) paid its insured, Ronald McIntosh (McIntosh), for property damage following a fire in an apartment...more
In Westfield Inc. Co. v. Ritcher, No. 20-CV-12692, 2021 U.S. Dist. Lexis 94926, the United States District Court for the Eastern District of Michigan considered whether a residential tenant was an implied co-insured on the...more
Last September, the Centers for Disease Control and Prevention (CDC) ordered a nationwide eviction moratorium on residential properties. 85 Fed. Reg. 55,292 (Sept. 4, 2020). On May 5, 2021, the United States District Court...more
A common misperception of trusts is that they are legal entities that, like corporations, can hold title to real estate and other property. A new California appellate decision, Boshernitsan v. Bach (2021) ___ Cal.App.5th ___,...more
In a recent Arizona Court of Appeals case, Ibarra v. Gastelum, 2020 WL 4218020 (7/23/20), the Court of Appeals addressed the question whether – in a tenant’s personal injury claim against the landlord – a landlord’s violation...more
On June 30, 2020, the Iowa Supreme Court rendered a decision in Karen Cohen v. David Clark and 2800-1 LLC, an emotional support animal (ESA) case, involving one tenant in need of an ESA and another tenant with severe pet...more
Earlier this month the Court of Appeal decided the case of Captain Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter. The case concerned whether statutory notices of proceedings for possession, served under...more
In an earlier blog we discussed the High Court decision in the case of Thirunavukkrasu v Brar & Brar. The High Court confirmed that taking action pursuant to the Commercial Rent Arrears Recovery regime (CRAR) would amount to...more
In Joella v. Cole, 2019 PA Super. 313, the Superior Court of Pennsylvania recently considered whether a tenant, alleged by the landlord’s property insurance carrier to have carelessly caused a fire, was an implied co-insured...more
If a landlord delivers a notice to vacate to a tenant due to lease violations or the expiration of the term, the tenant is legally required to vacate the premises. However, this does not always happen....more
A recent decision of the New York Court of Appeals – the State’s highest Court – has thrown a wrench in a common litigation process used by commercial tenants – the so-called Yellowstone injunction. The 4-3 decision in 159 MP...more
In a closely watched appeal, the Court of Appeals affirmed by a 4-3 vote that a waiver contained in a commercial lease of the right to bring a declaratory judgment action is enforceable and not contrary to public policy....more
Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more
n Zurich Am. Ins. Co. v. Puccini, LLC, 2019 Fla. App. LEXIS 1487, 44 Fla. L. Weekly D 383, Florida’s Third District Court of Appeals considered whether a landlord’s carrier, Zurich American Insurance Company (Zurich), was...more
A 6th Circuit case decided earlier this year demonstrates how positions taken by insureds in prior litigation can impact or foreclose coverage in subsequent disputes with insurers. See K.V.G. Properties, Inc. v. Westfield...more