Punitive Damages for Intentional Encroachment
Questions of Fact About Readiness to Perform
Issues of Fact Preclude Summary Judgment in Action for Brokerage Commission
No Meritorious Defense to Foreclosure Action
March 01, 2018ssalkin
Town Board Failed to Take 'Hard Look' at Amendment
Jurisdictional Determination from Army Corps
Developer Failed to Allege Concrete InjuryFebruary 01, 2018ssalkinCan a foreclosing plaintiff choose whom to name as a party defendant in a foreclosure action? In New York, in the absence of prejudice to the defaulting property owner, the answer is yes. Although a recent holding of New York's Appellate Division, Second Department, tacitly suggests “no,” the case may not have addressed the actual controlling principles.
February 01, 2018Bruce J. BergmanTrial Required to Disprove Malice
Court Upholds Conditions Imposed on Zoning Variance
Lease Identified
Notice of Termination Not Defective for Being Sent By Attorney
Hearing Required to Determine Whether Lease Denied for Unconstitutional ReasonsFebruary 01, 2018ssalkinWill a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?
There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.
January 01, 2018Paul BentCorporations with private fleets in the U.S., as well as for-hire carriers, have begun ordering faster than before. As the economy continues to strengthen, this trend will continue to grow and so will the need to replace aging equipment.
January 01, 2018Brian HollandLooking Ahead: Lessons Learned.
Part Five of a Five-Part Series.
As Mark Twain quipped, "The reports of my death are greatly exaggerated." So too is the reported retail "apocalypse" and "death" of the shopping center. In fact, U.S. retailers opened 1,326 more locations in 2017 than they closed. When restaurants are added to the mix, there were a total of 4,080 new openings in 2017 and another 5,050 openings planned this year.
January 01, 2018Kelly D. Stohs and David P. VallasDiagnosing financial distress, and the ability to address the relevant issues, is a necessary role of board members and senior executives.
January 01, 2018Steven StromTexas businesses and their attorneys should be aware of legal and practical issues that may arise in the event of a shipping insolvency. Two particularly murky areas that have been illuminated by recent case law are maritime liens and reclamation rights.
January 01, 2018Nicole Hay and Thomas Scannell
