News & Analysis as of

Breach of Contract › Trespass

Mitchell, Williams, Selig, Gates & Woodyard,...

Sanitary Sewer Overflow/Alleged Damages: Circuit Court of Carrol County, Arkansas Complaint Filed Against Eureka Springs

Mitchell, Williams, Selig, Gates & Woodyard,... on

James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more

Kaufman & Canoles

Court of Appeals of Virginia Holds Possession Under Mistaken Belief Can Establish the Requisite Hostile Possession for a Claim of...

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more

Cozen O'Connor

Intentional Act Without Intent to Harm May Not Be an Occurrence

Cozen O'Connor on

An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured...more

Gray Reed

Texas Accomodation Doctrine Claim Repudiated

Gray Reed on

Harrison v. Rosetta Resources Operating LP presents a wacky? time-wasting? clever? unsuccessful attempt to expand reinvent the Texas accomodation doctrine....more

Gray Reed

Texas Anti-SLAPP Statute Stalls Lessee’s Counterclaim

Gray Reed on

It is often a worthy strategy for the lessee to be aggressive with counterclaims against the lessor. Lessees should think twice about that strategy if it means complaining about the lessor’s public statements. In Lona Hills...more

Harris Beach Murtha PLLC

Court Ruling Highlights “The Perils Of Going Into Business With Family Members”

Harris Beach Murtha PLLC on

An Indiana Court of Appeals recently ruled upon a dispute between a mother and her daughter and son-in-law(and their business) concerning the lease of commercial property and the repayment of loans the mother made on the...more

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