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BFKN Persuades the First Appeals Court in the Country to Reject A Commercial Tenant’s COVID Defenses

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In a recent decision, the Minnesota Court of Appeals became the first appeals court in the country to address a commercial tenant’s claim that COVID-19 shutdowns excused rent. Specifically, the court rejected the tenant’s legal defenses of “impossibility” and “frustration of purpose,” and ruled in favor of the shopping center represented by Barack Ferrazzano.

Barack Ferrazzano Litigation Group partners Nicholas H. Callahan and Jack Snyder served as lead counsel for the shopping center.

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