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(UK) rates and refurbishments - when is a building in repair?

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • February 17 2015

The question of how to value a building which is undergoing substantial refurbishment came before the Court of Appeal who ruled yesterday that the

Pennsylvania Superior Court confirms “or” means “or”

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 10 2015

On February 4, 2015, less than one month after hearing oral argument on the matter, the Pennsylvania Superior Court affirmed the April 2014 decision

Is wastewater migration from disposal wells a trespass under Texas law? The Texas Supreme Court declines to answer

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 11 2015

In Environmental Processing Systems, L.C. v. FPL Farming Ltd., a landowner sued the operator of a neighboring wastewater disposal facility on the

Court grants parent companies standing to sue lender as third-party beneficiaries of loan commitment agreements

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 15 2011

A real estate lender agreed to finance three existing projects by lending money to three separate Single-Asset Bankruptcy Remote Entities (SABREs), owned by certain real estate investments trusts, and to finance $160 million in future ventures of the trusts, with further SABREs to be created as each deal came to fruition

Financing contingencies and earnest money deposits: if I can't get my loan, I get my deposit back, right?

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 22 2012

Real estate purchasers whose contract permits the return of the earnest money deposit if financing cannot be obtained must be extremely careful in how this contingency is worded in the purchase contract, or a purchaser may get an unwelcome surprise, and be forced to forfeit the earnest money when financing cannot be obtained

Ninth Circuit joins Eleventh, holds there is federal common law of receivership

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 15 2009

The U.S. Court of Appeals for the Ninth Circuit has held that there is a federal common law of receivership in the context of real property security interest, joining the Eleventh Circuit

Secured creditors need not file a proof of claim to lift the automatic stay to proceed with a foreclosure action

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 19 2011

An individual debtor appealed the Bankruptcy Court’s orders lifting the automatic stay to permit two creditors to proceed with foreclosure proceedings on real property

Court will not halt horizontal drilling operation to reach adjacent lessee’s land

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 3 2015

Using offsite locations for horizontal drilling is becoming increasingly popular as surface use becomes difficult. In Lightning Oil Inc. v. Anadarko

New lawsuit may derail fiber-optics installations in Western PA

  • Reed Smith LLP
  • -
  • USA
  • -
  • July 30 2012

A class-action complaint, filed this July in the U.S. District Court for the Western District of Pennsylvania, seeks millions of dollars in damages from four telecom companies, alleging a deliberate failure to obtain the permission of hundreds of Beaver County property owners before burying fiber-optic cables on their lands

Secured lender took sufficient affirmative action to effect the assignment of rents

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 19 2011

The debtor executed a mortgage and assignment of rents in favor of the lender