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There are measures a landlord can take in drafting the lease to ameliorate the risk of losing a constructive eviction action.
Features
Since Jan. 6, 2012, new rules have been in effect regarding removal and venue procedures for federal litigation. The impact of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 in business disputes, including franchising, is gradually being felt as actions are filed in federal district courts or removed from state court to federal courts. This article outlines some of the key changes and their potential relevance for franchisors and franchisees.
Effective March 15, compliance with the DOJ's 2010 ADA Standards for Accessible Design (2010 Standards) was required for any alterations to existing facilities subject to the Americans with Disabilities Act (ADA) and barrier removal.
When prominent plaintiffs' lawyers applaud a "landmark change in the law," prudence calls for reflection. Such is the case with the recent New York Court of Appeals decision clarifying the scope of the Martin Act.
Features
Just as an insured should not delay in providing notice of a claim while investigating other possible sources of coverage, an insurer should not delay in disclaiming on late notice grounds — a condition precedent to coverage — while it investigates other possible grounds for disclaimer.
A discussion of the key provisions of the revised Whistleblower Program and the steps involved in a whistleblower claim.