Justia Landlord - Tenant Opinion Summaries

In this eviction action that was removed from a Massachusetts state court the First Circuit reversed the order of the district court ordering a remand in this case and directed the district court to retrieve the removed action and resume jurisdiction, holding that the district court erred.The action in this case sought both to evict Defendant for nonpayment of rent and to recover rent arrearages. Defendant removed the action to the federal district court on the grounds of diversity jurisdiction. In response, Plaintiff argued that the federal district court was entitled to abstain from adjudicating the action under the abstention principles set forth in Burford v. Sun Oil Co., 319 U.S. 315 (1943). The district court granted Plaintiff's motion to remand, concluding that abstention was appropriate. The First Circuit reversed, holding that the court's remand order was in error. View "Forty Six Hundred, LLC v. Cadence Education, LLC" on Justia Law

In this contract dispute between Landlord and Tenant that arose under their lease to a shopping center premises the First Circuit affirmed the judgment of the district court granting summary judgment to Tenant on one claim and to Landlord on another claim, holding that any purported errors were harmless.When Tenant sought mortgage loan from Bank and offered its leasehold interest in the premises as collateral, Bank requested that Landlord execute a "section 3(n) agreement" pursuant to article 6, section 3(n) of the lease. Landlord did not sign the agreement. Bank then terminated the proposed mortgage loan. Tenant sued Landlord for breach of contract. Landlord countersued, claiming that Tenant had violated the lease through its subtenant's use of a pylon sign on the premises. The district court granted summary judgment to Tenant on Landlord's counterclaim. After a trial, the court found that Landlord had no obligation to execute the section 3(n) agreement. The First Circuit affirmed, holding (1) the district court did not clearly err in finding that Landlord did not breach the lease by not signing the section 3(n) agreements proposed by Bank; and (2) the district court did not err in ruling on summary judgment that Tenant's subtenant's use of the pylon sign did not breach the lease. View "58 Swansea Mall Drive LLC v. Gator Swansea Property LLC" on Justia Law