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Richard J. Tannenbaum

Reed Smith LLP

Articles

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Liquidated damages under attack: In re Republic Airways Holdings, Inc.

USA - March 7 2019 In a decision with sweeping consequences for equipment lessors, the bankruptcy court (SDNY) in Republic Airways held that a liquidated damages...

Debra S. Verstandig, Robert M. Vilter.

The alternative path to damages in a true lease if liquidated damages are unenforceable (or Lessees, be careful what you wish for!)

USA - October 29 2018 Uniform Commercial Code Section 2-A-504 is the applicable law regarding liquidated damages in a lease agreement. Section 2-A-504(1) provides that:...