The Law Archive Index

Slippery Oranges (12/12/2024)
On December 31st, 2017, Grace Gonzalez along with her two granddaughters were visiting the Ontario Mills Shopping Center. While they were in front of a Converse store, Gonzalez, the plaintiff, slipped and fell on what appeared to be oranges. At the time of the fall . . .

Unfairly Doubled Their Chances (11/28/2024)
High Maine LLC filed a complaint against the Town of Kittery, alleging that the town violated its zoning laws by allowing GTF Kittery 8 LLC, a competitor, to submit two pre‑applications for separate spaces in the same C‑2 zone, which were later merged. The company alleges that this caused particularized injury.

Beer Spill Slip (11/21/2024)
On April 13th, 2019, at the TD Garden in Boston Massachusetts, Alexander Raheb slipped and fell after purchasing a hotdog and beer (without a lid) at a concession stand while heading to his seat with his friend, Fahim Manzur. Raheb sued Delaware North, claiming negligence under the special mode‑of‑operation notice theory.

Shopping Center Landlord Awarded New Trial (8/29/2024)
Two companies that rent space in a mall owned by PHWLV sued the landlord for negligence in maintaining the fire‑suppression system after a pipe burst on July 8th 2017. Pre‑trial, the Eighth Judicial District Court in Clark County granted partial summary judgment in favor of the retailers. Due to the partial summary judgment, the jury trial focused solely on the extent of damages . . .

No COVID rent refund due (8/8/2024)
In April 2021, Fitness International LLC filed a complaint against City Center Ventures LLC in Hennepin County District Court. Fitness sued City Center in order to recover rent paid during the mandatory closure periods of non‑essential businesses to slow the spread of Covid. The main argument Fitness put forward was the frustration of purpose excuses its obligation to pay rent during . . .

Sidewalk precedent set in New Jersey (7/18/2024)
What responsibilities do we have to keep sidewalks cleared and in good repair? In New Jersey, it depended on the use of the property, and whether the property did, does or could generate money . . .

Sell me your shopping center! (6/13/2024)
After an oral agreement to sell a property, followed up with months of negotiations and paperwork, does the buyer have the right to purchase . . .

Dispute over parking spaces (6/22/2023)
As part of a project to improve I‑70 in Columbus Ohio, Ohio Department of Transportation (“ODOT”) found itself promising to exchange property which didn’t belong to them.

Landlord Pays the Bill (1/4/2023)
What is written on paper matters, regardless of oral agreements, but statute of limitations can also effect outcomes at trial. Reasonable offers of judgement may be worth . . .

Disappearing Intersection (5/27/2021)
Operating a retail business at an intersection with a state highway brings traffic to your store. What compensation is deserved when the intersection disappears?

A Razing Issue (2/11/2021)
With businesses closing, and buildings vacated, responsibility for the security and upkeep still remain with the owner. Neglect can . . .

Triggering of Accessibility Upgrades (10/15/2020)
Former chief building inspector for the City of San Francisco learned the hard way that not all older building are required to be retrofitted to make them accessible to the disabled.

The Dram Shop Act Prevails (7/23/2020)
Timing is everything, when defending oneself from a claim, brought on by someone injured by an intoxicated patron . . .

Is there an “Independent Agent”? (2/27/2020)
“Risk and Release” provisions within agreements do not necessarily protect everyone from liability due to negligence.

Photo Finished (12/19/2019)
A New Years fall ended with a resolution not in favour of the injured party and an attorney possibly facing sanctions.

Bumper Carts (12/12/2019)
In December 2012, Barbara Rieger and Ruth Kurka were shopping at a Giant Eagle grocery store in Brook Park Ohio. Ruth Kurka was using a motorized cart, and while driving by the bakery counter, she collided . . .

Exculpatory Clause Declawed (10/17/2019)
A tenant sued its landlord for not having adequate parking. The landlord’s attempt to limit its liability failed.

Locating Adult‑Oriented Businesses (9/17/2019)
Cities throughout the world have had the ability to dictate how land within their boundaries are used. Further as circumstances require, additional restrictions are imposed on certain businesses for the protection of . . .

A Matter of “Degree of Foreseeability” (9/8/2019)
The public has an expectation of safety and security when visiting a shopping center, but what level of care does a shopping center have a duty to provide?

Misrepresentation "Negotiation Skill" (7/18/2019)
The “negotiation skill” of a salary plus commission employee landed a California leasing agency in court.

"Excited Utterance Exception" (7/11/2019)
When a startling event occurs, people say things about it. But when is what they say admissible in a court of law?

Obvious Sign? (6/20/2019)
When admitting that a sign has been used to find product in a lumber yard, and admitting to stepping over the same sign multiple times, can it still be a hidden and obscure hazard?

Tax Review Thwarted by “Property Owner” Technicality (5/9/2019)
Lenity is especially appropriate because this case involves the presence of a type of party we rarely see in our Court: a happy family. Happy families are alike in a way particularly germane to the application of lenity here. The members of happy families often do not execute formal written agreements with each other, though they clearly understand and perform the bargained-for agreements between and among them.(Judge Rowan D. Wilson)

Decisions by Simply Doing Nothing (4/25/2019)
What is the statute of limitations when it comes to decisions on mixed-use, commercial, retail, residential construction projects made during a housing crisis?

Goodwill Compensation (4/11/2019)
People love their donut and coffee while sitting in morning traffic on their way work. For over 30 years, Yum Yum Donut Shops, Inc. (Yum Yum), a chain of donut shops had the ideal location . . .

Assignment of Lease Obligations (3/21/2019)
Do brokerage commissions on a renewal of a lease get passed on with the assignment of a lease contract?

Plot Plans the Heart of a Partial Taking (3/7/2019)
When property is being taken by eminent domain, who is responsible for accuracy in the documentation?

Beverages Permitted (2/21/2019)
Does the practice of permitting customers to carry beverages without restriction throughout your store constitute a continued and foreseeable dangerous condition, requiring a warning?

Negotiation in Advance of a Condemnation Action (2/7/2019)
Is a business entitled to relocation benefits if it is required to move due to the municipality requiring the property for a public works project?

“Affirmative Act” in Lease Terms (1/24/2019)
Liens are a tool to protect those who provide materials and services that improve real property, but the improvements must be consented to by . . .

Build Out Recoupment (1/10/2019)
When Revel Entertainment Group, LLC., the owner of Revel Casino in Atlantic City, New Jersey, signed up IDEA Boardwalk LLC to operate a beach club and two nightclubs, they agreed to share the initial . . .

Security Guard "Joint Employers" Decision (12/13/2018)
Deputy Morgan sprained his ankle chasing a shoplifter down the stairs from the Brookshire Grocery Store manager’s . . .

Tenant’s Tax Appeal (11/29/2018)
Beavercreek Towne Station, a five parcel shopping center in Greene County Ohio underwent a five year reappraisal for the 2014 tax year. The auditor assigned . . .

Shopping Cart Duty (11/15/2018)
Linda and Marshall Unger went to a Wal-Mart store in Mobile, Alabama on May 20, 2014. Linda dropped her 77 year old husband off at the entrance and then parked the car. Marshall walked to the front of the cart corral . . .

Cities Using Holes in RLUIPA (10/25/2018)
As a suburb of Columbus Ohio, the City of Upper Arlington is land locked and limited in growth potential. In 2001 it adopted a new Master Plan, with a . . .

Condemnation Provision Condemns Compensation (10/18/2018)
In 2010, the West Point Shopping Center, owned by FPA West Point, LLC, had an access point condemned by the Utah Department of Transportation. KMART Corporation was one of the tenants in the shopping center. Both FPA and Kmart opposed the condemnation, but UDOT was able to proceed . . .

Lease Sealing (9/27/2018)
A Lessee is not obligated to complete a 15 year lease with a Lessor when the lease has not been properly sealed.

Lease Age and Length not a Factor (9/13/2018)
Walgreen Eastern Company objected to the market value assigned to its property in the Town of West Hartford Connecticut after a town wide revaluation was conducted of properties on the grand list . . .

Locating Adult Establishment (8/30/2018)
When retailers decide to open in new markets, they do their due diligence in selecting the appropriate site for their . . .

Future Rulings Have Merit (8/9/2018)
In a four/three split decision, the Washington County Board of Revision (“the BOR”) and Washington County auditor (“the county”) will need to reargue their real-property-valuation case against Lowe’s Home Centers, Inc./Lowe’s Home Centers, L.L.C. (“Lowe’s”), bearing in mind three recent rulings, two of which . . .

Gasoline Trap Trip (7/26/2018)
At Massachusetts self serve gas stations, concentric grooves in the pavement to contain gasoline spills, known as positive limiting barriers are mandated . . .

Nondelegable Duty Nondelegable (7/5/2018)
The Supreme Court was in favor of Rodriguez in all counts except one where it felt that the district court was correct in it's ruling.

Month‐to‐Month Rights (6/14/2018)
What rights exist when a long term lease transitions into a month-to-month agreement?
In 1993, Salima Multani entered into a five-year rental agreement . . .

Employee Entitled to Day in Court (5/24/2018)
Even though having an Employee Arbitration Agreement in place, Dollar General is being required to defend itself in a court . . .

”Project Santa Claus” (5/10/2018)
Between 2014 and 2016, the City of Ridgeland, Mississippi attempted to have a Costco store . . .

Knowledge of Hazard Required (4/12/2018)
Walgreens has been found not liable to the accident resulting in the broken kneecap caused by a fall in a store.

Kids Are Parents Responsibility (3/22/2018)
On February 2nd, 2018 it was decided that Starbucks Corporation was not at fault for the injury of Marcus Roh.

Procrastinating Mitigation is Expensive (3/8/2018)
The company HCS has been awarded some damages but denied attorney fees after a breach in contract from Lone Star.

Tall Leaning Stack is Open and Obvious (2/22/2018)
A Hodgkins Illinois Menards store has been found not responsible for injuries received from a falling stack . . .

Florida court would not impose its definition of terms to similar Alabama stores (2/8/2018)
Winn Dixie considers itself a grocer and leases space in shopping centers in several states. In many centers, the Winn Dixie store is an anchor tenant. As such, it has the ability to include “grocery exclusive” clauses . . .

Respondent Wins Judgment (1/12/2018)

Anti-SLAPP Motion Slapped (12/21/2017)

Bar Insured (11/30/2017)

Insurance Covers Costs (11/16/2017)

Passing The Buck (11/2/2017)

Customary Operations (10/19/2017)

Watch Pallet Placement (10/5/2017)

Disabilities Omnibus Case Severed (9/21/2017)

An Event Of Default (9/7/2017)

Sloppy Disabled Access Claim (8/24/2017)

Case Dismissed, But . . . (8/10/2017)

Items Left Behind Still Stolen (7/20/2017)

Day Late Payment (7/6/2017)

Wrong Defendants (6/8/2017)

Denials Omitted (5/25/2017)

Definition “Shopping Center” (5/11/2017)

”FAST” Fails (4/27/2017)

”In Good Faith” Dealings (4/6/2017)

Possession of Burglar Tool (3/23/2017)

Slippery When Algae ‑ Continued (3/9/2017)

Snake Bitten (2/2/2017)

Which Insurance Company Pays? (1/19/2017)

Case Against the Rules (1/5/2017)

The Open and Obvious Rule (12/22/2016)

Untimely Claim (12/8/2016)

Problems With Duplicative Maintenance (11/17/2016)

Wood vs Steel (11/10/2016)

Overcoming Growth Challenges for Emerging Brands Part 3 (11/3/2016)

Consecutive Sentences Affirmed (10/20/2016)

No Common Area Construction (9/22/2016)

How to Explain Retail Market Research & Analytics Tools to Your Boss (9/15/2016)

Expansion Okayed (9/8/2016)

Watch Your Ramp (8/25/2016)

“Oh, really?” DUI (8/18/2016)

Center Shooting (8/4/2016)

The Millennial Impact on the Transformation of Consumer Behavior in U.S. Cities (7/28/2016)

Minimum One Accessible Route (7/21/2016)

IRS and Unsubstantiated Expenses (7/7/2016)

ADA compliance (6/23/2016)

47 Seconds, Not Enough Time for Clean-up (6/9/2016)

Insurance Only Covers Defense (5/26/2016)

Cameras Are Deterrents (5/12/2016)

Property Owner Allowed To Sell (4/28/2016)

Stalker Processed Properly (4/14/2016)

Access For Disabled (4/1/2016)

Ambiguous Lease Not A Guarantee (3/17/2016)

Competitor Approved (2/25/2016)

Co-Tenancy Provision Dispute (2/11/2016)

Parking Fit(ness) (1/28/2016)

I Don’t Need The Police (1/14/2016)

Another Out-Of-Possession Case (12/31/2015)

Flip Flop (12/17/2015)