Law School Toolbox Podcast Episode 512: Listen and Learn -- Landlord/Tenant Law (Part 2) - Assignments and Subletting
REFRESH Real Estate Leasing Tips for Nonprofits
Key Lease Work Letter Issues When the Landlord Is Doing the Work
Real Estate Leasing Tips for Nonprofits
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Effective Lease Negotiations for Healthcare Practices
ASC 842: Private Companies On The Clock After Delay
Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin
Taking it Seriously: Unusual Lease Violations in Virginia
In the context of security assignments, the judgment again emphasises the distinction between day-one assigned rights, on the one hand, and other rights and remedies exercisable only following an enforcement event, on the...more
Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more
In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more
Let’s assume you own a 175 acre farm in Washington County. Your grandfather acquired the farm back in 1948 from Farmer Brown (the “1948 Deed”). Your grandfather always said that he bought both the surface and oil and gas. In...more
This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more
In ConocoPhillips Co. v. Hahn, the Supreme Court of Texas addressed whether a “fixed” nonparticipating royalty interest (“NPRI”) was later converted to a “floating” NPRI. The court weighed two possible means of this...more
Based on the 1978 voter initiative commonly referred to as “Proposition 13,” the government can reassess the value of real property for taxation purposes after a “change in ownership” of the property. The meaning of “change...more
A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more
The US Court of Appeals for the Seventh Circuit affirmed a district court’s award of attorneys’ fees and its determination that trivial additions to existing documents were not copyrightable. UIRC-GSA Holdings, LLC v. William...more
The Colorado Supreme Court on November 20, 2023, issued a long-awaited decision that reversed a 2021 panel of the Colorado Court of Appeals by rejecting the universal application of the “commercial discovery rule” to Colorado...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
On April 10, 2023, the United States Court of Appeals for the Second Circuit (the “Court”) held that a non-party to an unexpired lease assumed by a debtor in bankruptcy was not entitled to assert a “cure claim” under section...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
Whether CCRC residency agreements are treated as leases or contracts under state law could impact the recovery of CCRC bonds in the event of the insolvency of the CCRC owner. Some states treat CCRC residency agreements as...more
A Louisiana Court of Appeal (First Circuit) (“Court”) addressed in February 17th Opinion an issue arising out of a lessee’s damage claim against a lessor purportedly caused by exposure to mold. See Scott v. Adams, 2022 WL...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
We bring you our May Insurance Update. In this month’s update: •The Minnesota Supreme Court considers an issue of first impression over the reasonableness of settlement agreements that fail to allocate between covered and...more
In a decision that could save some commercial property owners hundreds of thousands of dollars in taxes, the Court of Appeal for the First Appellate District of California held in 731 Market Street Owner, LLC v. City and...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
The Massachusetts Appeals Court recently issued a decision likely to pique the interest of property owners holding real property in nominee trusts. In Goodwill Enterprises, Inc. v. Kavanagh, the Court addressed whether the...more
An Illinois Appellate Court recently ruled that the general homestead exemption applies to a couple leasing a single-family home. In Shrake v. The Rock Island Treasurer, the Court determined the couple, as leaseholders, were...more
Earlier this year, we blogged on the High Court decision of Mears Limited v Costplan Services. This case concerned whether an agreement for lease for the development of two blocks of student accommodation could be terminated...more
The Arkansas Court of Appeals in a February 20th opinion addressed issues arising out of the construction of a wastewater plant (“Plant”) by the City of Calion, Arkansas, (“City”) on Calion Lake (“Lake”). See James Randall...more
A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025. World Business Academy v....more
Could a failure to participate in a court-ordered arbitration be enough to waive a party’s right to arbitration? A recent decision of the Alabama Supreme Court suggests it is not. In 2010, Yan Chen entered into a lease...more