Features
In the Spotlight: Imposition of Heightened Duty on Commercial Landlords for Repairs
The common law has been displaced now in several jurisdictions where the courts are deviating from the common law rule in commercial leases and toward the imposition of an affirmative duty upon commercial landlords to undertake repairs to leased premises.
Features
A Landlord's Duty to Mitigate in The District of Columbia, Maryland and Virginia
Both landlords and tenants need to be aware of applicable state law concerning a landlord's duty to mitigate when negotiating the default provisions of a commercial lease. A look at three separate jurisdictions.
Features
Presenting Bankruptcy Concepts to Juries
A common belief among bankruptcy practitioners has been that disputed matters invariably sound in equity, thus posing very little danger that an attorney would ever encounter a jury. But juries can appear where one least expects them.
Features
Early Dismissal Strategies When Dealing with a Dishonest Plaintiff
While there sometimes is nothing that can be done about a dishonest plaintiff other than to attack his/her credibility in front of a jury, it is critical to ensure that all early dismissal strategies are explored before reaching the dispositive motion stage of case.
Features
Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases
Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In <i>Ross v. C. Adams Construction & Design</i>, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage.
Features
Real Property Law
An in-depth look at several major rulings.
Features
Cooperatives & Condominiums
Recent rulings of importance.
Features
Decisions of Interest
Key rulings of importance are analyzed.
Features
NJ & CT News
The latest rulings from neighboring states.
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