News & Analysis as of

Liability Contract Terms Commercial Leases

Farrell Fritz, P.C.

Is It an Illusion of Indemnification? Insurance Requirements for Tenants Paired with Indemnification Clauses in Leases May Not Be...

Farrell Fritz, P.C. on

Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a...more

Nutter McClennen & Fish LLP

Massachusetts’ Highest Court Invalidates Limitation of Liability Clause in Commercial Lease, Citing Public Policy

The Massachusetts Supreme Judicial Court (SJC) recently ruled that a limitation-of-liability provision provides no protection for defendants who willfully or knowingly engage in unfair or deceptive conduct in violation of G....more

Holland & Knight LLP

Cases Highlight Commercial Landlord Potential Liability for Trademark Infringement by Tenants

Holland & Knight LLP on

• Reported verdicts and settlements in the last 10 years confirm that commercial landlords/owners could be held liable for the trademark infringement activity of their tenants. • Commercial landlords/owners must take...more

Shutts & Bowen LLP

A Pricey Drafting Error in a Jewelry Store Lease

Shutts & Bowen LLP on

Many of the topics we cover in this space ultimately come down to problems in drafting.  Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more

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