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Expanding the Scope of Good Guy Guarantees
Good Guy Guarantees are designed to ensure that defaulting commercial tenants leave the premises promptly, avoiding loss of rental income to landlords. However, in <i>Bri Jen Realty Corp. v. Altman</i>, the Second Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after tenant surrendered the premises.
Cooperatives & Condominiums
Discussion of two recent cases.
Development
Cases involving an air stripped in a park, and failure to maintain a landmarked building.
Landlord & Tenant
Several key rulings are discussed.
Real Property Law
In-depth analysis of the latest important rulings.
Alabama High Court Wrongful Death Decision Sets Stage for Increased Provider Risk
A look at a recent case decided in the Supreme Court of Alabama that concerns questions of the personhood of a nonviable fetus for purposes of a wrongful death action.
<i>He, Cuevas</i> and the Law of Remittitur in New Jersey
Despite the established purpose of a compensatory damage award, there are occasions when a verdict is so excessive it could only have been arrived at in an effort to punish, rather than to compensate. In those instances of a "runaway" jury award, there are two generally recognized forms of relief available to address the excessive verdict: a new trial as to damages only, or remittitur.
Drug & Device News
Teva has agreed to pay $520M to settle an FCPA complaint. Here's why.
Med Mal News
A look at a potentially chilling attorney sanction in Pennsylvania.
Verdicts
In-depth analysis of a case in which a jury did not receive all evidence.

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  • 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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