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By refusing to pay rent, asserting constructive eviction first as a defense in the summary proceeding, and persisting in that posture on the cross-motion for summary judgment in that proceeding, the tenant has elected its remedy and waived its alternative claim for damages for the constructive eviction.
5) In the latter instance, the plaintiff is asserting that it is compliance with the policy, not its violation, that caused the constitutional tort.
Dobson of Focus on the Family was even harsher, asserting in a statement that Frist now favors "the destruction of human life.
While this case dealt with the Due Process Clause and not the Commerce Clause, some states may try to rely on this type of case as authority for asserting their taxing jurisdiction over foreign businesses.
The tenant moved to dismiss, asserting that the notice of termination needed to be served in the same manner as the petition.
Early media reports distilled the decisions by asserting that the high court had banned Commandments displays inside courthouses but allowed them outside.
In particular, there are a couple of recent cases expressly relying upon the no-offsets clause as a basis for granting summary judgment to a landlord on a claim for rent, notwithstanding the tenant's defenses and counterclaims asserting alleged breaches of the lease by a landlord.
IRM (20)(11)34(3) provides that, in addition to asserting a Sec.