The U.S. District Court for the District of Massachusetts addressed this issue in a recent order on a motion in limine in the case Lennar Northeast Properties, Inc. d/b/a Lenna Northeast Urban, and Lennar Hingham Holdings, LLC v. Barton Partners Architects Planners...
In a recent case, 275 Washington St. Corp. v. Hudson River Int'l., LLC, 465 Mass. 16 (2013), the Supreme Judicial Court ruled that a commercial landlord cannot recover post-termination damages under an indemnification clause until the original lease term expires. In...