Copyright © 2022 ALM Media Properties, LLC. This article focuses on Rohrmoos'—apparent—collapsing of the distinction between the implied warranty of suitability in a commercial lease and a material breach of lease and offers insight into what both transactional and litigation lawyers should consider in evaluating commercial leases post-Rohrmoos. By Kimberly A. Cruz In 2019 the Texas Supreme Court held that a commercial tenant may terminate a lease based on a landlord's prior material breach of the lease Rohrmoos held that a commercial landlord's material breach—at least one that might also qualify as a breach of the implied warranty of suitability – justifies a tenant's recission of the lease but it appears the material breach was moisture penetration at the tenant's dialysis clinic resulting in state health inspectors' "critici[sm]" of the facility The tenant in this case had built the stand alone clinic.) 578 S.W.3d at 482-83 The Rohrmoos decision effected a seismic shift in Texas landlord-tenant law that this article briefly explores This article focuses on Rohrmoos'—apparent—collapsing of the distinction between the implied warranty of suitability in a commercial lease and a material breach of lease and offers insight into what both transactional and litigation lawyers should consider in evaluating commercial leases post-Rohrmoos Prior to Rohrmoos the Texas Supreme Court first held in Kamarath v that a residential tenant may withhold rent if the landlord breaches the implied warranty of habitability The Court did not address recission as a remedy and it noted there was no evidence that the tenant waived the implied warranty of habitability in the oral lease the Court extended Kamarath to commercial leases finding an implied warranty of suitability exists in commercial leases except where the parties "expressly agree that the tenant will repair certain defects[] ."  The Court also noted the longstanding rule in Texas that "landlord's covenant to repair the premises and the tenant's covenant to pay rent are independent covenants."  Id National Law Journal The Recorder Law.com Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit accusing the defendant of selling knock-off Graco products 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc Read More Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives 24 in New York Southern District Court by Zell accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment Read More Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action 11 in New York Southern District Court by Bleichmar Fonti & Auld accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls Read More a Pennsylvania company providing shared communications infrastructure Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement Read More Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase Read More Already have an account? Sign In This website is using a security service to protect itself from online attacks The action you just performed triggered the security solution There are several actions that could trigger this block including submitting a certain word or phrase You can email the site owner to let them know you were blocked Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page A showreel of her many career highlights played to “Survivor” by Destiny’s Child before the announcement Speaking with another Austrian great Alexandra Meissnitzer "I'll miss everything about this world but I leave the competition being aware that I gave everything and always tried my best even after my injuries." I‘m ready for the next chapter. - Anna Veith "I‘m ready for the next chapter," she posted on social media. "My heart and head are telling me it‘s time to do something new. And so, I have decided to retire from ski racing." A post shared by Anna Veith (@anna.veith) on May 23 The rest of her retirement announcement reads: It has made me who I am today and will always be something I’m passionate about I am so grateful for the opportunities I’ve had to learn and achieve in the past fifteen years I’ve been able to fulfil my childhood dreams and more It’s not just about winning or losing for me I truly believe that this is what takes you to the top I have been lucky to have many people stand by my side I have made friends for life and will always look back on my experiences with a huge smile I‘m excited to see what the future holds and look forward to seeing many of you there It has always and continues to mean so much to me who competed under her maiden name Fenninger until her marriage in 2016 made her World Cup debut in 2006 and clinched the overall title for two consecutive seasons (2013/14-2014-15) In October 2015 the Salzburg-born skier suffered a torn ACL on her right knee and has since then has struggled with recurring injuries In the Super-G event only a surprise win from Ester Ledecka prevented her from winning her second straight Olympic title in the discipline Veith's departure means that for the first time in 27 years traditional alpine powerhouse Austria does not have an active female skier who has won a World Cup overall title Access to this resource on the server is denied Please be advised that LiteSpeed Technologies Inc has no control over content found on this site TEAM IRELAND SECURE FIRST MEDALS AT SPECIAL OLYMPICS WORLD WINTER GAMES Team Ireland have secured their first medals at the Special Olympics World Winter Games in Austria with an Ulster trio amongst the medallists Antrim took silver in the Alpine Intermediate Giant Slalom Armagh took bronze in the Intermediate and Novice Giant Slalom finals Wicklow scooped silver in the Intermediate Giant Slalom while in the Novice Giant Slalom 16-year-old Laoise Kenny from Dublin secured 4th place and Niall Flynn (30) from Dublin achieved a participation ribbon Caolan McConville said he was ‘Really excited’ to medal at his first Games “I went down the Giant Slalom and it was hard but I picked myself back and went really fast I waited for another hour to get back on the slope The Team Ireland skiers move on to the Slalom competition tomorrow (Wednesday 22nd March) There was a rest day for Ireland Team 1 in the Floorball Competition today putting in a fantastic performance to win 3-2 Special Olympics Ulster is a year-round sports training organisation and is supported by Sport Northern Ireland Subscribe to get the latest posts sent to your email.