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The Leasing Hotline
Recent rulings of interest to you and your practice.
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The Most Crucial Commercial Lease Cases
The first part of this article, which appeared in the December 2008 Issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The cases in Part Two herein address enforcement and violations.
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The Bankruptcy Hotline
Recent rulings of interest to you and your practice.
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<b>BREAKING NEWS:</b> Eli Lilly to Pay $1.42 Billion to Settle Zyprexa Marketing Suits
Eli Lilly & Co. will pay a combined $1.42 billion, including the largest criminal fine in history ' $515 million ' to settle charges that it illegally marketed the anti-psychotic drug Zyprexa for off-label use, federal prosecutors announced on Jan. 15.
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Auto Dealer Can Bring 'Bad Faith'
An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."
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New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions
The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.
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