Court Lifts Damage Cap In Mining Co. Lease Dispute

Law360, New York (October 1, 2007, 12:00 AM EDT) -- In hopes of clearing up a $23 million lease dispute in a mining company’s bankruptcy case, a federal appeals court has determined that federal bankruptcy law permits caps when landlords bring rent claims against a bankrupt entity, but not when they bring claims for collateral damage to their rented premises.

U.S. Court of Appeals for the Ninth Circuit said on Monday that its interpretation prevents bankrupt estates from being drained by a potentially costly claim for lost rent, while putting landlords on equal footing with other...
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