Denise Motta (Of Counsel-Louisville, KY) and Sarah Gerkins (Associate-Nashville, TN) secured summary judgment in the First Circuit Court for Davidson County, Tennessee, on behalf of Wilson Elser’s property holding company client. This highly contentious case involved a breach of the lease agreement and an eviction proceeding. Denise and Sarah moved for summary judgment on counterclaims asserted by the tenant-defendant, which included breach of the duty of good faith and fair dealing, breach of the implied duty of quiet enjoyment, estoppel, and unjust enrichment. After hearings that spanned three weeks, the court granted summary judgment, finding that the defendant-tenant “has not submitted evidence sufficient to create a general issue of material fact in relation to the elements necessary to prove its counterclaims.”

Michael Lowry (Partner-Las Vegas) and Kevin Brown (Of Counsel-Las Vegas) won a motion to dismiss in Second Judicial District Court in Reno, having been retained by a local trucking company whose vehicle was involved in a tip-over accident with another commercial truck. Upon filing the suit, Plaintiff completed all required preliminary procedures with one critical exception: the timely opening of discovery. This failure to act, despite reminders from Brown seeking the opening of discovery, resulted in the district court granting a motion to dismiss on behalf of the defendant after finding no extraordinary circumstances to justify the delay.

Edward Garson (Partner-San Francisco), William Cook (Partner-Detroit), and Francis Torrance (Of Counsel-San Francisco) brought to a satisfactory conclusion the hugely contentious case, TransMart, Inc. v. San Francisco Bay Area Rapid Transit System (BART). In the underlying case, defended by Ed Garson, Francis Torrence and other members of the San Francisco team in 2019, TransMart entered into an option contract with BART, giving TransMart the opportunity to lease space in BART’s train stations for retail space. When the deal fell apart and BART rejected TransMart’s effort to exercise the option, TransMart sought $90+ million in damages. The jury unanimously ruled against the plaintiff’s breach of contract action and 9–3 against their breach of covenant of good faith claim. On April 28, 2022, Ed argued the appeal and Bill was the chief author of the appellate briefs. The Court of Appeal of the State of California, First Appellate District wasted no time in agreeing with Ed and Bill in all respects. Another great win for BART, a long-standing client of the firm.