AGG Retail attorneys David Marmins and Jordyn Simon authored an article titled, “Movie Theater Chain Breaks Trend, Wins COVID Force Majeure Case,” for the American Bar Association’s Real Estate, Condemnation, and Trust Litigation Committee’s Practice Points. The article, which was published on November 14, 2022, discusses the Court of Appeals of Georgia’s decision in Hamilton Mill Theater Development, LLC v. Regal Cinemas, which went against previous decisions holding that the COVID-19 pandemic does not absolve retail tenants from paying rent pursuant to lease force majeure clauses.
David and Jordyn provide an in-depth look at the case and point to it as an overall win for movie theaters emerging from the COVID-19 pandemic. They further state that these cases reflect that the continued application of force majeure clauses to movie theaters (and any other business emerging from the COVID-19 pandemic) will be a case-specific exercise.
To read the full article, please click here.