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Katten Obtains Fourth Circuit Victory for White Flint LP in Injunction Case

Firm News | March 18, 2014

The US Court of Appeals for the Fourth Circuit denied motions filed by department store owner Lord & Taylor LLC for injunctive relief and for an expedited oral argument seeking to prevent demolition of the White Flint Mall in North Bethesda, Maryland. Lord & Taylor claimed that by going forward with the demolition, White Flint LP, which owns the mall, would be violating the terms of a 1975 agreement between the parties. The case was on appeal to the Fourth Circuit after the US District Court for the District of Maryland granted White Flint LP’s partial motion for summary judgment on Lord & Taylor's request for preliminary and permanent injunctive relief. Following the appellate court’s decision, partner S. Scott Morrison said, “Lord & Taylor knows, the retail tenants know and Montgomery County knows that the White Flint Mall redevelopment is a wonderful opportunity for everybody involved, including Lord & Taylor. It's time for Lord & Taylor to get on board and stop trying to leverage a huge settlement payout for dropping the litigation . . ." Scott and partner David C. Rohrbach represented White Flint LP in this matter. (“4th Circ. Nixes Lord & Taylor's Bid to Stall DC Mall Project,” March 18, 2014; “Lord & Taylor Can’t Delay Changes at Mall,” March 18, 2014)

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