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Jury Allowed to Consider Testimony on Oral Modification of Lease Image

Jury Allowed to Consider Testimony on Oral Modification of Lease

Alan Nochumson

In most leases, the landlord and tenant are specifically prohibited from orally modifying the lease. However, a decision recently handed down by the U.S. District Court for the Middle District of Pennsylvania illustrates how such a provision may be waived through the conduct of the parties.

Features

<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction Image

<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction

Amanda Bronstad

A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.

Features

<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction Image

<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction

Amanda Bronstad

A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.

Features

Case Briefs Image

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights from the latest insurance cases from around the country.

Features

NJ Court Clarifies Policyholders' Right to Recover Out-of-State Coverage Counsel Fees Image

NJ Court Clarifies Policyholders' Right to Recover Out-of-State Coverage Counsel Fees

Sherilyn Pastor, Gregory Horowitz & Stephanie Platzman-Diamant

According to the New Jersey Supreme Court in <i>Myron Corp. v. Atlantic Mutual Insurance Co.</i>, a policyholder's right to recover counsel fees extends even to those fees incurred defending against an insurer-initiated, out-of-state declaratory judgment action.

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of key importance.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Calling Witnesses Who Plan to Take the Fifth in Congress Image

Calling Witnesses Who Plan to Take the Fifth in Congress

Irvin B. Nathan

Federal appellate courts have repeatedly made clear that it is not improper for a prosecutor to call and examine a witness in the grand jury knowing that the witness likely will decline to answer the questions based on the privilege against self-incrimination.

Features

Defending NJ Class Actions Image

Defending NJ Class Actions

Neal Walters & Mike Carroll

Companies defending consumer product class actions in New Jersey have received additional support for fighting these proliferating claims. A Look at <i>Nafar v. Hollywood Tanning Systems, Inc.</i>

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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