Features
A Tutorial On Contract Liability for Real Estate Purchasers: 'Huguenot LLC v. Megalith Capital Group Fund I, L.P.'
In ultimately rejecting the plaintiff's claim that the apartment buyers could be responsible for the condominium developer's breach of a contract recorded as part of the condominium's declaration, the court illustrated some important points about how contracts can run with the land, or otherwise impose liability on real estate buyers.
Features
Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Features
Landlord Can't Waive Illegal Use of Premises By Accepting Rent
The court reasoned that the landlord's affidavit, together with the exhibits established prima facie proof that the tenant had been illegally using the premises and had acquiesced thereto.
Features
Congress' Failure to Extend Subchapter V Debt Limit Hurts Small Businesses
Where it applies, Subchapter V has been a great success. But, much of that success was due to a temporary change to the law that allowed more companies to qualify for Subchapter V treatment. That change has now expired, taking with it the only viable avenue for many businesses to reorganize.
Features
PA Court Rules that Landlord Can Only Recover Damages for Unpaid Rent Through Date of Repossession
A recent Pennsylvania Superior Court opinion held that a commercial tenant was evicted from the leased premises rather than abandoning it and that, accordingly, the landlord could only recover damages for unpaid rent through the date when the landlord recovered possession of the leased premises, denying the landlord's claim for additional rent for the remainder of the lease term.
Features
Fifth Circuit: Subchapter V Corporate Debtors Are Subject to Discharge Exceptions
In the case of Avion Funding v. GFS Industries, the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Features
Hold On, I'm Suing: Artists' Copyright Claims over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled In Similar Instances
Artists protesting the use of their music in political campaign settings and threatening to sue has been in the news a lot this election season. This article provides a refresher on the smattering of notable decisions as well as a look at the latest in the lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."
Features
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
Features
Third Circuit Orders Unwinding of Transaction Involving Transfers Which Passed Through Multiple Related Parties
Although not always straightforward or consistent, federal and state laws regarding the recovery of fraudulent conveyances are well developed. However, when the transaction flows through several transferees, the analysis can quickly become complicated. In a recent decision, Third Circuit employed such an analysis and ordered the unwinding of a transaction involving transfers which passed through multiple related parties.
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