By Charles Toutant | April 22, 2021
More than 50,000 eviction cases are pending statewide and another 194,000 filings are expected by 2022, the judiciary said. Since the start of the pandemic, Gov. Phil Murphy has issued a series of executive orders suspending evictions.
New Jersey Law Journal | Analysis
By Scott R. Lippert and Darcy Baboulis-Gyscek | April 21, 2021
Now that we have lived through a long-term force majeure event, what have we learned for purposes of drafting a fair provision? The first consideration that comes to mind is the definition itself—the existence of a pandemic should count as a force majeure event.
By Scott E. Mollen | April 20, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Schwesinger v. Perlis," where the landlord failed to prove its tenants engaged in acts proscribed by COVID-19 Emergency Eviction and Foreclosure Prevention Act after the effective date, and " DeSuze v. Ammon," where a tenants' claims in a rent challenge were held time-barred and not saved by the continuing violation doctrine.
By Tom McParland | April 19, 2021
Attorneys for the state argued to the Second Circuit that a Brooklyn federal judge had properly dismissed the lawsuit, filed by landlord groups and their Mayer Brown attorneys, which targeted the changes as an illegal taking under the Fifth Amendment to the U.S. Constitution.
Daily Business Review | Commentary
By David Samole | April 15, 2021
We are still dealing with the pandemic and its impact. The way we live our lives and interact with one another has changed, and the way we transact business and approach commerce has evolved.
By Jane Wester | April 14, 2021
U.S. District Judge Joanna Seybert issued her ruling just two days after the case was reassigned to her court as a result of the death of her colleague, Judge Sandra Feuerstein, in a Florida hit-and-run crash April 9.
New York Law Journal | Analysis
By Andrew M. Lieb | April 14, 2021
In rendering its decision, the Second Circuit took great pains to differentiate its instant case, 'Francis v. Kings Park Manor' from the Seventh Circuit's prior 2018 decision in 'Wetzel v. Glen St. Andrew Living Cmty.' However, that differentiation collapses on itself, and now the issue is ripe to be taken up by the Supreme Court.
By Jane Wester | April 13, 2021
Randy Mastro of Gibson Dunn, in a letter to U.S. District Judge Joanna Seybert, brought up comments by the late Judge Sandra Feuerstein that appeared to tilt in favor of New York landlords' position. Feuerstein made those remarks in a hearing, but died in a hit-and-run crash before she could render a decision.
New York Law Journal | Expert Opinion
By Scott E. Mollen | April 13, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two commercial landlord-tenant cases: "Chip Fifth Ave. LLC v. Quality King Distrib." and "267 Dev. LLC v. Brooklyn Babies & Toddlers, LLC."
By Aron Solomon | April 12, 2021
What we have experienced and are about to experience is a fundamental change in how commercial real estate is done, says Aron Solomon, the head of digital strategy for NextLevel.com and an adjunct professor of business management at the Desautels Faculty of Management at McGill University.
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