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Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord
Recently, in Sea Island Food Grp., LLC v. Yaschik Dev. Co., Inc., a South Carolina appellate court affirmed a trial court's decision that: 1) a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building; and 2) such landlord was liable to the subtenant for punitive damages. See, 433 S.C. 278, 857 S.E.2d 902 (Ct. App. 2021), reh'g denied (May 12, 2021).
In April 2013, a fire caused extensive damage to the building's second floor and roof, but less damage to other parts of the building. After such damage, the master tenant began repair and restoration work on the building. In May, 2013 the landlord entered into negotiations to sell the building to a neighboring property owner. Though the lease required the master tenant to carry $1 million in insurance, the master tenant advised the landlord in August, 2013 that the total cost of repairs could exceed $2.3 million. In September, the master tenant requested that the landlord approve the structural plans for the building's repair. The following week, the landlord notified the master tenant of its decision to terminate the lease. The lease provided for automatic termination in the event the premises were totally destroyed. The full lease provision reads as follows:
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.