JD Supra

The Impact of the Duty to Mitigate on Diminution of Value Claims

Buyers in M&A deals often contend that they value a target company based on the seller’s representations and warranties. If the buyer later determines those representations and warranties were false, ...
JD Supra

A Landlord’s Response and Duty to Mitigate Following a Tenant’s Repudiation of Lease

In November 2024, the British Columbia Court of Appeal (BCCA) released its decision in Centurion Apartment Properties (Scott Road 1) Inc v Piquancy Enterprises Ltd, overturning the lower court’s ...
Law

A Landlord's Duty to Mitigate In a Commercial Context

If representing a tenant, and if there is no express provision in the lease permitting the landlord not to mitigate damages, it is best for the tenant to remain silent and not raise the issue, since ...
Law

Duty To Warn and the Learned Intermediary Doctrine in New York: Does the Duty Require Instructions About How To Mitigate Risk?

The U.S. Court of Appeals for the Eleventh Circuit recently certified "unsettled questions of Alabama law" to the Alabama Supreme Court related to "failure-to-warn" claims. Blackburn v. Shire US, 18 F ...