LexisNexis® Legal Newsroom
Is that Mitigation Waiver that Landlord’s Counsel Snuck into Your Tenant’s New Commercial Real Estate Lease Enforceable?

The obligation to mitigate damages for the breach of a contract is a staple of hornbook law. This obligation is so ingrained in our system of jurisprudence that most jurisdictions have refused to enforce contractual waivers of the obligation to mitigate damages. Recent cases in North Carolina and Ohio...

American Express Co. v. Italian Colors Restaurant: A Class Action Waiver in an Arbitration Agreement Will Be Strictly Enforced under the Federal Arbitration Act

by Leo Caseria and David Garcia The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA) even if the cost of proving an individual...