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Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
In Keystone Specialty Services Co. v. Ebaugh, 267 A.3d 1250 (2021), the Superior Court of Pennsylvania recently affirmed a lower court’s summary judgement decision in favor of the defendant-landlord finding that the tenant’s negligence claims were barred by the exculpatory provisions in the lease.
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Commercial Real Estate Market Sees Shift Toward ‘Densification’ As Firms Look Long Term
By Jessie Yount
Real estate executives say the construction of the office of the future is well underway within the legal industry, despite a dip in leasing activity at the beginning of the year. However, there is a shift toward “densification,” as firms take advantage of favorable market conditions and make longer-term commitments.
Supreme Court Addresses Municipal Sign Regulations, Again
By Steven M. Silverberg
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to “off-premises” signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
Commercial Real Estate Market Optimistic
By Paul Bergeron
The commercial real estate industry is having little trouble shrugging off today’s challenging economic situations and its optimism is brewing with recent pandemic restrictions being lifted, according to a state of the market survey from DLA Piper.
Landlord & Tenant Law Case Update
By Stewart E. Sterk
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
COVID-19 Does Not Excuse Failure to Pay Rent
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