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Breach of Contract › Guarantors › Commercial Leases

Holland & Knight LLP

Commercial Leases: Right to Jury Trial Waived or Not Waived? That Was the Question

Holland & Knight LLP on

If a commercial lease guaranty contains a jury trial waiver but the lease does not, is the jury trial waived for all parties (i.e., tenant and guarantor) or just the guarantor? In a recent case, Pierre's Caribbean Cuisine LLC...more

DarrowEverett LLP

Lease Guarantees: What Landlords Should Know When Negotiating

DarrowEverett LLP on

While landlords prefer tenants with the strongest financial positions to sign leases, they may sometimes accept a “shell” entity — created solely to operate the business at the leased premises — provided that an upper-tier...more

Shumaker, Loop & Kendrick, LLP

Client Alert: North Carolina Court of Appeals Issues Important Opinion on Commercial Lease Guaranties

Shumaker, Loop & Kendrick, LLP on

Is a personal guaranty a separate agreement from the underlying contract it guarantees? The North Carolina Court of Appeals recently considered this issue in Friday Investments, LLC v. Bally Total Fitness of the...more

Shutts & Bowen LLP

Can I Get a Money Judgment If I Can’t Locate the Defendant or If He Resides Out of State?

Shutts & Bowen LLP on

If you can’t locate a party and personally serve him, you can follow the less-known method of service, called substitute service. Once you have filed your complaint seeking damages for breach of a lease or guaranty, you are...more

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