Lessee Remains Liable to Lessor Following Failed Mitigation

In <i>Giant Eagle, Inc. v. Phar-Mor, Inc.</i>, the United States Court of Appeals for the Sixth Circuit held that the lower courts erred in their determination that once a lessor mitigates its damages by entering into a substitute lease, the lessor cannot claim damages from the original lessee for the period covered by the new lease if the substitute lessee subsequently defaults. Here is a discussion of the case.

25 minute readAugust 28, 2008 at 08:24 AM
By
Mark I. Rabinowitz
Marcie D. Seiler
Lessee Remains Liable to Lessor Following Failed Mitigation

InGiant Eagle, Inc. v. Phar-Mor, Inc., 2008 WL 2078787 (6th Cir. 2008) the United States Court of Appeals for the Sixth Circuit held that the lower courts erred

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