ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, March 3, 2005

Watching train wrecks

Do you ever run across those cases where you want to scream at the parties, What are you people doing?  Couldn't you idiots work this thing out between you?

A recent example of this is a case involving the leaking roof at the Kohl's Department Store in West Paterson, New Jersey, which managed to work its way up to the U.S. Court of Appeals for the Third Circuit.  It starts when the roof leaks, and the landlord won't fix it, and the tenant does, and the tenant sues the landlord, and the landlord sues the tenant for damaging the roof, and then the tenant gets an injunction, and then the parties go to mediation, and then they settle, and then they don't settle, and meanwhile nobody tells the guarantor, and then they settle again, and there's a judgment, and then a motion to re-open, and meanwhile the guarantor . . . .

Kohl's Dep't Stores, Inc. v. Levco-Route 46 Associates, L.P., 2005 U.S. App. LEXIS 2889 (3d Cir. Feb. 18, 2005).

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