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HTMLReal Estate Resolutions and Predictions for 2015
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 24, 2015, previously published on February 19, 2015
It is that time of the year again to ponder what is expected to happen next year and what we should resolve to do about it. One prediction that I suspect will hold true (even though it is sunny and 55 degrees in Cleveland today) is that it will snow again in Ohio this winter. Other predictions that...


HTMLOhio Snow and Ice; to Remove or not to Remove, that is the Question
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 24, 2015
As we dig out from under our latest snowfalls, it seems appropriate to summarize the relatively recent Franklin County Court of Appeals decision in Cain v. McKee Door Sales, 2013-Ohio-4217, and other cases dealing with premises liability for injuries due to accumulation of ice and snow.


HTMLREITs Cautioned on Disclosure Practices OSC Publishes Results of Review on REIT Distribution Disclosure; Excess Distributions, Non-IFRS Metrics Among Key OSC Concerns
Christopher J. Doucet, George Dube, Aaron E. Sonshine; Bennett Jones LLP;
Legal Alert/Article
February 24, 2015, previously published on January 28, 2015
On January 26, 2015, the Ontario Securities Commission published OSC Staff Notice 51-724 - Report on Staff's Review of REIT Distributions Disclosure. The Report presented the findings of the OSC's recent review of the disclosure practices of 30 publicly-listed REITs, primarily in the area of...


HTMLProposed Laws Would Unfairly Take Away Homeowners' Rights
Burg Simpson; Burg Simpson Eldredge Hersh Jardine P.C.;
Legal Alert/Article
February 23, 2015, previously published on November 17, 2015
Homeownership is a cherished American value. There has been much concern recently about the lack of affordable condominiums in our communities for the young adults and empty nesters who want to buy them. Even though developers, builders and others would like to blame construction defect litigation...


HTMLIt is a Good Time to Borrow Again
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 20, 2015, previously published on December 15, 2014
According to the US Energy Information Administration, U.S. weekly regular gasoline retail prices averaged $2.78/gallon (gal) on December 1, the lowest since October 4, 2010. U.S. regular gasoline retail prices are projected to continue declining for the remainder of the year, and average $2.60/gal...


HTMLLimitations on Bringing Federal Civil Penalty Claims: Federal Agencies Subject to a Stricter Reading
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 20, 2015, previously published on December 08, 2014
A decision issued last year by the U.S. Supreme Court has ramifications that affect property owners. The case, Gabelli v. Securities and Exchange Commission, No. 11-1274 (“Gabelli”), involved an enforcement action filed by the SEC against two investment advisers for actions that...


HTMLThe Importance of Aesthetics: Minnesota Supreme Court Weighs in on Matching Colors
Michael T. Glascott, Joel J. Terragnoli; Goldberg Segalla LLP;
Legal Alert/Article
February 20, 2015, previously published on January 15, 2015
In Cedar Bluff Townhome Condo. Ass’n v. American Family Mutual Insurance Company, 2014 Minn. LEXIS 661 (Minn. Dec. 17, 2014), the Minnesota Supreme Court held that a property insurer was on the hook for replacing all the siding of certain apartment buildings, whether damaged or undamaged,...


HTMLIn Florida Property Division Cases, Hidden Money Often Surfaces
Daniel M. Copeland Attorney at Law P.A.;
Legal Alert/Article
February 19, 2015
It is often the case that during these negotiations, one spouse is shocked at the numbers on the other spouse¿s statement because they do not match what he or she knows to be true.


HTMLImplied Contract Terms: Leases and Rent Refunds
Parris Whittaker;
Legal Alert/Article
February 18, 2015, previously published by ParrisWhittaker
Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to minimize the risk of disputes. The expert commercial litigation lawyers at Bahamas firm ParrisWhittaker are highly experienced in providing legal advice to...


HTMLCan You Lien Yourself? Sometimes the Answer is, Yes!
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
February 18, 2015, previously published on December 23, 2014
In Peabody-Waterside Development, LLC v. Island of Waterside, LLC, an Illinois Appellate Court concluded that a member of an LLC could rightfully lien its own LLC to collect amounts for grading and site development work. While the concept of liening your own entity may seem strange, in the right...


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