Mark E. Magowan, et al v. JC Penney Corporation, Inc. and Thor South DeKalb Retain, LLC v. Magowan et al & JC Penney Corporation, Inc.

Date: May 2004
Court: United States District Court for the Northern District of Georgia

Companion cases filed by the landlord of the premises and the owner of the ground lease respectively, in which it was alleged that JC Penney Company violated certain lease provisions by allegedly failing to maintain and/or replace the roof and cooling tower of the leased premises which ultimately damaged the asbestos fire-proofing. Plaintiffs alleged that, as a result, the premises could not be re-leased to future tenants without full remediation. The combined damages sought in the cases against JC Penney were in excess of $3.3 million. Following extensive discovery, this matter was resolved to the satisfaction of the client.