Legal Opinion
Red Sage Ltd. Partnership v. DESPA Deutsche Sparkassen Immobilien-Anlage-Gasellschaft mbH
Court of Appeals for the D.C. Circuit
Decided July 13, 2001No. 13-1201PublishedCited by 10 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge:
A Washington, D.C. restaurant sought a declaration that its landlord breached an exclusive use covenant by renting space in the same building to a specialty cake shop. The restaurant claimed that under its lease, the breach entitled it to a 50 percent rent abatement. The district court granted summary judgment for the landlord, finding that under the circumstances of this case, a 50 percent rent abatement would constitute an unenforceable penalty. Because we conclude that the rent abatement, negotiated by sophisticated…
2Cases cited19 opinions
- In Re Swine Flu Immunization Products Liability Litigation. Linda Kenneda v. United StatesCourt of Appeals for the D.C. Circuit · 1989
- Collins v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1973
- Geico v. Valentine FetisoffCourt of Appeals for the D.C. Circuit · 1992
- Ellis v. James v. Hurson Associates, Inc.District of Columbia Court of Appeals · 1989
- Farmland Industries, Inc. v. Grain Board of IraqCourt of Appeals for the D.C. Circuit · 1990
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3Cited by10 opinions
- Grand Prospect Partners v. Ross Dress for Less, Inc.California Court of Appeal · 2015
- Ellipso, Inc. v. MannDistrict Court, District of Columbia · 2008
- The CUNEO LAW GROUP, PC v. JosephDistrict Court, District of Columbia · 2009
- Slinski v. Bank of America, N.A.District Court, District of Columbia · 2013
- Tahmina Proulx v. 1400 Pennsylvania Avenue, SE, LLCDistrict of Columbia Court of Appeals · 2019
5 more not listed; retrieve them via the Exa API.