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McBride and Wallace Obtain Arbitration Award and Partial Summary Judgment

Chuck McBride and Katie Wallace recently obtained an arbitration award in favor of a national retailer in a dispute with its Landlord concerning real estate leasing issues.  The litigation arose out the destruction caused by Hurricane Katrina on the Gulf Coast.  The arbitrator ruled in favor of the firm’s client on the issue of who would have to pay to reconstruct the store parking lot, external utilities and changes necessary for code compliance under the terms of a commercial lease.  As part of the same litigation, McBride and Wallace also previously won partial summary judgment for the firm’s client from the United States District Court for the Southern District of Mississippi on the issue of whether rent would abate for a commercial tenant in the event the leased premises have been destroyed by a casualty event.  The court held that under Mississippi Code Annotated Section 89-7-3, the firm’s client was entitled to an abatement of rent while the premises were uninhabitable.

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