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Case Notes
Court Decides Who Is the 'Prevailing Party'
The Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, recently affirmed a trial court's award of attorney fees to a commercial tenant because, although the tenant did not prevail on each and every aspect of the multiple claims, it did prevail on the main counts of the lawsuit. Simbo Properties Inc. v. M8 Realty LLC, 2019-Ohio-3091 (7/1/201).
Simbo Properties Inc. (Simbo) entered into a 18-month commercial lease with tenant M8 Realty LLC (M8) in December 2012. One of the lease's provisions stated: "If a lawsuit is filed with respect to this Lease, the prevailing party shall be entitled to collect all reasonable attorney's fees and costs." During the tenancy, Simbo claimed that M8 violated several provisions of the lease, leading the landlord to file a four-count complaint against M8 in January 2016. The landlord's complaint sought rent of approximately $150,000, real estate taxes of approximately $32,000, property damage compensation of approximately $30,000, and other non-specified damages. The tenant counterclaimed. After motions and trial, all liabilities were determined, with tenant M8 prevailing as to the rent, but landlord Simbo prevailing as to two of its claims and tenant's counterclaim.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
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