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16 Apr 2019, 7:44 am by PaulKostro
Div. 2005) (stating in the context of a landlord-tenant matter, “[o]rdinarily, where a tenant no longer resides in the property, an appeal challenging the propriety of an eviction is moot”). [read post]
30 Mar 2015, 12:46 am by John Diekman
  Moreover, the amended complaint was devoid of allegations that the defendants acted tortiously, other than within the scope of their authority as board members.Student note:  As the plaintiffs failed to allege that the defendants entered their property without permission at any time, they failed to state a cause of action sounding in trespass.Case:  Cohen v. [read post]
11 Apr 2013, 5:58 am by PaulKostro
The issue is commonly stated as a “Marini” defense, as established in Marini v. [read post]
9 Sep 2013, 8:26 pm by H. Scott Leviant
Practice Guide: Landlord-Tenant (The Rutter Group 2012) § 3:39, p. 3-13, citing Green v. [read post]
11 Mar 2014, 3:11 pm by Federalist Society
The question at issue is whether a defendant must be physically present to successfully object when a co-tenant gives permission to police officers to conduct a warrantless search, or whether the defendant’s previously stated objection to a warrantless search, while physically present, is a continuing assertion of Fourth Amendment rights that cannot later be overriden by the co-tenant. [read post]
11 Mar 2014, 3:11 pm by Federalist Society
The question at issue is whether a defendant must be physically present to successfully object when a co-tenant gives permission to police officers to conduct a warrantless search, or whether the defendant’s previously stated objection to a warrantless search, while physically present, is a continuing assertion of Fourth Amendment rights that cannot later be overriden by the co-tenant. [read post]
14 Sep 2019, 5:59 pm by Mavrick Law Firm
Airport Mini Mall, LLC, 932 F.3d 1303 (2019), the United States Court of Appeals for the Eleventh Circuit recently confirmed that a landlord can be held liable for the trademark infringement of its tenant when the landlord has actual or constructive knowledge of a tenant’s counterfeiting activities. [read post]