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In Maddox v. Bank of N.Y. Mellon Trust Co., N.A., 997 F.3d 436, the Second Circuit recently held that individuals have Article III standing to seek statutory damages for a bank’s violation of Real Property Law (RPL) §275 and New Real Property Actions and Proceedings Law (RPAPL) §1921 (together, New York’s Mortgage-Satisfaction-Recording Statutes). The Second Circuit held that, despite no “actual injury,” violations of New York statutory law constitute a concrete and particularized harm giving rise to Article III standing. This is important because under New York rules, a plaintiff could not bring a class action in state court under New York’s Mortgage-Satisfaction-Recording Statutes. Because the Second Circuit held that a bare violation of New York’s Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
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Say it Ain’t So! Tortious Interference with a Sublease By a Master Landlord
By Marisa L. Byram and Tyler V. Friederich
A South Carolina appellate court recently affirmed a trial court’s decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.
Legal Issues of Leasing to Cannabis Businesses
By Warren A. Estis and Alexander Lycoyannis
New cannabis businesses will need to lease commercial space in order to operate — and undoubtedly, many real estate owners are eager to meet this new demand. However, owners and prospective cannabis businesses have many legal issues and questions to consider before entering into lease agreements.
Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19
By Jeffery R. Mullen and Fred Warren Jacoby
We are only beginning to scratch the surface of the effect on the construction litigation visited on us by COVID-19-related impacts. However, the pandemic and its continuing impact has reinforced the importance of planning for the unexpected — and undefined — when negotiating construction contracts.
Hoteling Here to Stay As Law Firms Return to the Office
By Anthony Davies
For the Big 4 consultancies, hoteling has been a positive operational construct for over a decade, or in some cases longer. The success of the decentralized law firm depends in some part on how well firms can shift “hoteling” from the negative connotation of “losing my desk” to the positive connotation of “having a hotel-like experience.”
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