In the entire universe of legal and business terms that makes up the modern-day commercial lease, there are very few provisions that can change the world of the landlord or tenant. One of those world-changing provisions is the assignment and subletting provision.
For years, careful landlords and tenants have used liquidated damages as a means to avoid the uncertainty of events beyond their control. If the tenant held over beyond its term, or the landlord breached the tenant's exclusive, liquidated damages were considered a dependable remedy to avoid costly and time-consuming litigation. Unfortunately, what seems certain to lease drafters is anything but certain when presented in court. A recent decision from the U.S. District Court for the Middle District of Georgia underscores that point.
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Despite its ancient origins, adverse possession doctrine retains considerable contemporary importance. Disputed questions of fact explain the continuing volume of adverse possession litigation, but unfortunate statements of law have also been a factor. This past spring, in Walling v. Przyblo, the Court of Appeals took a significant step toward clarifying and simplifying adverse possession doctrine in New York.
Recent rulings of interest to you and your practice.
Although there are bad apples among them, most private investigators dig up information using only proper means. Even putting aside the significant, well-regarded 'white collar' operations laden with former FBI executives and the like, many one- or two-person shops also comport with the law. But still, issues sometimes arise. Recent events have raised the consciousness of lawyers, particularly criminal and divorce attorneys who employ private investigators on a regular basis.
Legal disputes over control of the physical remains of a person after death belie the phrase requiescat in pace. The problem can come up when parents of the deceased are divorced, they are the next of kin and they disagree as to what should be done with a child's remains. It can emerge when people remarry and their children's ideas clash with those of their new spouse. The problem can also surface when same-sex couples in non-legally recognized relationships are left out of the burial decision-making process.
