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
3/30/2021
/ Arrearages ,
Business Closures ,
Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Frustration of a Common Purpose ,
Guarantors ,
Impossibility ,
Landlords ,
Rent
In Terkel v. Centers for Disease Control and Prevention, No. 6:20-cv-00564 (E.D. Tex. Feb. 25, 2021) and Skyworks, Ltd. v. Centers for Disease Control and Prevention, No. 5:20-cv-2407 (N.D. Ohio Mar. 10, 2021), groups of...more
3/16/2021
/ Administrative Procedure Act ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Eviction ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Property ,
Statutory Authority ,
Summary Judgment ,
Tenants ,
Trade Associations
The COVID-19 pandemic has strained commercial landlord-tenant relationships across the United States. As the courts wade their way through the backlog of lawsuits filed in 2020, there are a growing number of decisions...more
2/26/2021
/ Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Economic Downturn ,
Financial Distress ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Governor Baker ,
Landlords ,
Rent ,
Restaurant Industry
"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more
As the first wave of COVID-19 exposure lawsuits begins to spread across the country, already-struggling businesses are looking to state and federal governments for immunity from liability. However, state laws regarding...more