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Noble practices in the area of litigation, including civil and business litigation, premises liability/insurance claims defense, and commercial landlord/tenant law, including commercial lease litigation and evictions. Noble has litigated several commercial landlord and tenant cases through trial. He regularly counsels retail developers, retailers, and other commercial landlords and tenants regarding lease negotiations and leasing disputes.

He also practices in the area of business immigration. Noble is the author of the Treatise Connecticut Landlord and Tenant Law with Forms, published by the Connecticut Law Tribune/ALM Media. He is the Chair of the firm’s Diversity and Inclusion Committee; the past Chair of the Connecticut Statewide Grievance Committee; and also served on the Board of Directors of the USLAW NETWORK from 2013 to 2017.

Experience

Real Estate Lease Litigation

  • Successfully prosecuted a breach of lease action on behalf of a commercial Landlord against a Tenant which vacated the premises with four years remaining on the Lease. Obtained a judgment of $790,262.75 including attorney’s fees on behalf of the Landlord
  • Successfully defended and tried a case to verdict on behalf of a commercial Tenant concerning the Tenant’s late exercise of an extension option under the Lease. Presented evidence during trial to show that the Landlord’s subsequent actions created a waiver which nullified any potential late exercise by the Tenant
  • Successfully prosecuted and tried a case to verdict on behalf of a commercial Landlord involving the Landlord’s right to enforce a continuing guaranty against the guarantor of the Lease who claimed that a later assignment of the underlying Lease should have excused his obligation as a guarantor for the newly assigned Lease . The Court enforced the guaranty and awarded the Landlord rental damages and attorney’s fees
  • Successfully prosecuted and tried to verdict a commercial breach of lease and breach of guaranty case against a Tenant and Guarantor. The Tenant had vacated the premises with approximately three years remaining on the Lease. Obtained a judgment of $260,478.41, plus attorney’s fees and post-judgment interest on behalf of the Landlord
  • Continue to successfully represent numerous regional and national shopping center Landlords in various Connecticut litigation matters involving the evictions of commercial tenants and the enforcement  of breach of lease actions to secure monetary damages for these Landlords.
  • Represented multiple commercial Tenants ranging from regional hospitals to restaurants in several lease dispute litigation actions resulting in favorable economic outcomes for those Tenants

Real Estate Lease Transactions

  • Negotiated numerous office, retail, and industrial leases on behalf of regional companies, including a recent lease transaction on behalf of a major Connecticut Bank involving the occupancy of its central 73,570 sq. ft. office headquarters
  • Continuing to represent and advise a national hardware retailer in matters concerning the review and analysis of its retail leases throughout the US in order to evaluate and assess its right to accept, decline, or enforce tender of defense notifications for premises liability claims with its various landlords

Business Immigration

  • Continue to represent companies in various industries such as manufacturing, pharmaceuticals, data analytics, computer software, asset investment , banking, construction, and aviation, in the challenging task of obtaining visas for their foreign workers, including,  L-1 intra-company visas for US companies with parent, subsidiaries or affiliates abroad;  H-1B Specialty Occupation visas;  E-3 Specialty Occupation Professional visas;  obtaining TN visas for US companies seeking Canadian or Mexican Professional workers under USMCA/NAFTA; and obtaining permanent resident status for qualified non-immigrants
  • Continue to represent and advise numerous US companies in various industries in matters relating to I-9 eligibility compliance, worksite inspection strategies, and how to implement and enforce effective corporate immigration strategies

List of Court Cases Citing Noble’s Connecticut Landlord and Tenant Law Treatise

  • E.W. Batista Family LP v. 74 Route 37, LLC. Docket No. DBDCV186024772S, 2019 WL 2880036, (Conn. Super. 2019)
  • Enfield Retail Props., LLC v. Camel Fitness, Docket No. CVH8214, 2016 Conn. Super. LEXIS 1061 (Super. May 16, 2016)
  • Daniels v. Skymark, LLC, Docket No. KNLCV146022886S, 2016 Conn. Super. LEXIS 854 (Super. Apr. 22, 2016)
  • Delgado v. Lunt, Docket No. CV154126730, 2015 Conn. Super. LEXIS 1961 (Super. July 27. 2015)
  • Budney v. Budney Indus., Docket No. CV136023734, 2014 Conn. Super. LEXIS 861 (Super. Apr. 11, 2014)
  • Pollansky v. Pollansky, Docket No. CV114015163S, 2012 Conn. Super. LEXIS 2641 (Super. Oct. 23, 2012)
  • Just Breakfast & Things!!!, LLC v. Vidiaki, LLC, Docket No. 105014092, 2012 Conn. Super. LEXIS 1585 (Super. June 20, 2012)

Credentials

Work Experience

  • Hinckley Allen
    • Partner (2008-Present)
  • Tyler Cooper & Alcorn, LLP
    • Partner (1998-2008)

Honors & Awards

  • Best Lawyers in America® (2013-2020)
    • Lawyer of the Year (2015, 2018)
    • Recognized for Litigation-Real Estate
  • New Haven Judicial District, Court-Appointed Arbitrator (2001-Present)
  • Connecticut Statewide Grievance Committee
    • Chair (2016-2018)
    • Vice-Chair (2012-2015)
    • Member (2000-2006; 2009-2018)
    • Role appointed by the Executive Committee of the Judges of the Superior Court
  • Norwich Athletic Hall of Fame (2017)
  • USLAW Network, O'Hagan Award (2018)

Charitable & Civic Involvement

  • Lawyers Collaborative for Diversity, Board Member (2017-Present)
  • Youth Continuum, Inc., Board Member (1995-2008; 2009-2014)

Professional Affiliations

  • American Immigration Lawyers Association
    • Member (1992-Present)
    • Connecticut Chapter Chair (1999-2001)
  • Connecticut Bar Association, Member, Litigation Section
  • DRI-The Voice of the Defense Bar, Member
  • International Council of Shopping Centers (ICSC), Member
  • Litigation Counsel of America-The Trial Lawyer Honorary Society
  • New Haven County Bar Association, Member
  • USLAW Network
    • Chair, Diversity Council (2018-Present)
    • Board of Directors (2014-2017)
    • Chair, Retail Practice Group (2014-2016)

Bar Memberships

  • Connecticut
  • United States Court of Appeals, Second Circuit
  • United States District Court, District of Connecticut

Speaking Engagements

  • Keynote Speaker at the Connecticut Judicial Branch Law Librarians’ Annual Staff Development Meeting – “Connecticut Landlord-Tenant Law Concepts” June 13, 2018
  • Panelist at the 2015 USLAW Network Retail & Hospitality Law Exchange “The (Tender) Art of Indemnification: Who Defends and Who is Entitled to be Indemnified,” October 2015
  • Panelist at the New Haven County Bar Association – Continuing Legal Education Seminar “Landlord Tenant Law in CT: Practice and Procedure,” March 2015
  • Panelist at the American Bar Association – Real Property Leasing Practice Group Program “The Second of the Nuts and Bolts of Leases Series for 2014-2015,” August 2014
  • Panelist at the Retail Risk and Claims Managers Round Table Meeting, “Navigating the Security Litigation Storm,” July 2013
  • Panelist at DRI Retail & Hospitality Litigation & Claims Management Seminar, presented “Anatomy of the Landlord and Tenant Relationship Within the Retail Context: Two Sides, Two Priorities,” May 2012
  • Panelist at the ICSC’s Connecticut Next Generation Program “Deal or No Deal: How Attorneys Work to Keep Deals on Track While Protecting Their Client’s Best Interest,” March 2011
  • Noble has Lectured on and authored several articles regarding commercial leasing and landlord tenant litigation, and his treatise has been cited by Judges in several court decisions.

News & Insight

Publication

The Unintended Consequences of Accommodating the Commercial Holdover Tenant

July 16, 2019

It is almost never a good idea for a landlord to treat a commercial holdover tenancy with anything less than the urgency it deserves. While there may be certain nuances that might exist from jurisdiction to jurisdiction, this need for exigency is uniform i…

Publication

Avoiding Tender Issues in Retail Leases and Service Contracts to Ensure Favorable Outcomes in Premises Liability Claims and Lawsuits

September 5, 2018

Noble F. Allen and Diane E. Rojas explore the provisions in retail leases that trigger a tenant’s duty to indemnify landlords in premises liability actions. It will focus on how retail tenants should draft these provisions in order to minimize or elimin…

Publication

Is a lease guaranty still enforceable if modified without the guarantor’s consent?

January 19, 2018

New England Real Estate Journal (NEREJ) published this article originally created for a Hinckley Allen Retail Real Estate Newsletter in early November 2017.A guaranty secures the faithful and timely performance of a tenant’s obligations under a lease an…

Publication

Is a Lease Guaranty Still Enforceable if the Lease is Modified Without the Guarantor’s Consent?

November 29, 2017

A guaranty secures the faithful and timely performance of a tenant’s obligations under a lease and ensures that the landlord can legally pursue the guarantor in the event of a tenant’s default.  But what happens when the landlord and tenant make subse…

Publication

Exclusive Provisions in Leases

December 4, 2015

They are often referred to as exclusive provisions, exclusive clauses, or restrictive covenants. No matter the nomenclature, most landlords can do without them for a variety of reasons. Although “exclusive clauses” and “use clauses” are sometimes u…

Publication

Municipality’s Receiver of Rents Can Sue to Collect Past Rent But Cannot Evict a Delinquent Tenant

July 8, 2015

The Connecticut Supreme Court recently decided a case regarding the powers of a receiver of rents appointed by a municipality. In Town of Canton v. Cadle Properties of Connecticut, Inc., 316 Conn. 851 (May 19, 2015), the Court decided two main issues: …

Publication

Connecticut Supreme Court Rules That the Rejection of a Master Lease Was Not a Voluntary Surrender That Favored Subtenant

March 3, 2015

It is settled legal principle that the rights of a subtenant under a sublease are directly tied to the rights of a tenant under the applicable master lease, so that if the master lease is terminated for any reason, the subtenant’s rights under the sublea…

Publication

Clarifying Option-To-Purchase Forfeiture Standards

August 18, 2014

Commercial leases often contain provisions that provide the tenant with an option to purchase the leased property upon the satisfaction of certain conditions. The issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purch…

Publication

Connecticut’s Supreme Court Clarifies Applicable Forfeiture Standards When Tenant Exercises Option to Purchase Leased Property

July 29, 2014

Commercial leases often contain provisions that provide the tenant with an option to purchase the leased property upon the satisfaction of certain conditions. The issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purch…

Publication

Recognizing the Difference between a Lease and a License in Connecticut

February 27, 2014

Although the terms are often used interchangeably, a lease and a license are distinctly different under Connecticut law. In its simplest form, a lease is a contract that conveys an exclusive possessory leasehold interest in property; whereas, a license is …

Publication

Ann Taylor Made Out like A Bandit in Co-Tenancy Dispute

January 27, 2014

It is often said that co-tenancy provisions in leases usually lead to unintended consequences. Nowhere was this adage more vividly demonstrated than in a recent case decided by a federal district court in Connecticut, titled Kleban Holding Co. LLC v. Ann T…

Publication

The Law of Unintended Consequences: Co-Tenancy Provision in Ann Taylor's Lease Triggers an $800,000+ Windfall (Plus Attorney's Fees) for Tenant

January 7, 2014

It is often said that co-tenancy provisions in leases usually lead to unintended consequences. Nowhere was this adage more vividly demonstrated than in a recent case decided by a federal district court in Connecticut, titled Kleban Holding Co. LLC v. Ann T…

Publication

Waiver of Notice to Quit Provisions in Leases - Keep it Simple and Precise and No One Gets Hurt

July 17, 2013

Under Connecticut law, the only situation in which an eviction can be commenced without first serving the statutory Notice to Quit on the tenant is when the tenant's lease has lapsed — specifically termed "lapse of time." In all other scenarios, a landlo…

Publication

CT Supreme Court Rules on Antiassignment Provisions

July 17, 2012

For over two decades now, the law in Connecticut with regards to antiassignment provisions in commercial leases has been that they will be found valid so long as the landlord’s discretion to withhold consent was carried out in good faith. This is also to…

Publication

Connecticut Appellate Court Rules That Commercial Tenants Are Not Subject To Statutory Obligations Under Section 47A-11

April 2, 2012

If there were any lingering doubts as to whether Section 47a-11 of Connecticut's Landlord and Tenant Statutes applied to commercial tenancies, this issue has now been definitively determined. In a recent decision, Vidiaki LLC v. Just Breakfast and Things!!

Publication

Your Connecticut Tenant Has Just Vacated. What's A Landlord to Do?

March 1, 2012

Unless a contrary relief was negotiated in the lease in advance, the law regarding damages for breach of lease under Connecticut law is surprisingly straightforward: A Landlord is entitled to seek as damages, an amount that would place the Landlord in the…

Publication

Rent Acceleration And Liquidated Damages - Connecticut Style

December 2, 2011

(3) the amount anticipated was reasonable and not disproportionate to what the parties agreed would be sustained as a result of such a breach.However, perhaps unlike other jurisdictions, Connecticut courts will not excuse the Landlord from its continuing d…

Publication

Connecticut Court Rules That a Substantial Modification of an Existing Lease is Neither a Sublease Nor an Assignment

July 12, 2011

The Connecticut Appellate Court recently came down with a ruling that has to be viewed as extremely favorable to Landlords who wish to exercise more discretion in accepting replacement tenants.In Brennan Associates v. Obgyn Specialty Group, P.C., 127 Conn.

Publication

The Prospect for Holiday Retail Sales in Connecticut for 2009: A Comeback or Status Quo?

December 4, 2009

Black Friday came and went, closely followed by online's shopping equivalent "Cyber Monday." Even if the reviews were mixed, one or two mega shopping days do not a retail recovery make. Before Black Friday, the national economic forecast for retail was a b…

Publication

Retail Stress: A Brief Retrospective

July 29, 2009

A few months ago, it seemed like the retail industry was experiencing a metaphoric Tsunami. We were pummeled with daily headlines: "Retail Sales Plummet in December," "Retail Facing Tough Times," "Credit Crunch Hits Landlords Hard," and on it went ad nause…

Publication

Retail Stress: Both Landlords and Tenants Need to Explore Ways to Achieve a Common Ground

July 17, 2009

Because of their tenant mix and items they provide, strip centers have suffered the least, while regional malls and power centers struggle. For every recalcitrant landlord, there are more seeking to build a long-term relationship, willing to make a deal wi…

Publication

Connecticut's Constructive Eviction Doctrine

July 13, 2009

In Connecticut, the doctrine of constructive eviction essentially arises when a landlord, while not physically dispossessing a tenant from the premises, does some act or deed which renders the tenant’s demised premises untenantable. Further, in addition …

Publication

How Contractual and Statutory Notices Dovetail in the Commercial Lease Context

June 13, 2009

There is no question that one of the most important provisions in a commercial lease is the notice provision or clause. Failure by the landlord to comply with this provision could nullify a breach or default by a tenant. I will refer to this provision in t…

Publication

Certificate of Insurance: False Security for Landlords

May 13, 2009

Consider this scenario: the landlord signed a lease with a tenant. As part of the insurance/indemnification requirements under the lease, the tenant was obligated to name the landlord as an "additional insured" under its various insurance policies, and als…

Publication

Connecticut Adopts the Mode of Operation Rule for Premises Liability Cases Arising Out of Self-Service Operations

April 24, 2009

Back in April 2007, in a case entitled Kelly v. Stop & Shop, 281 Conn. 768 (2007), the Connecticut Supreme Court came down with a decision that forced certain retail establishments - - including landlords and premise owners to change their way of doing…

Publication

Damages for Breach of Commercial Lease under Connecticut Law

April 13, 2009

What kind of damages should the landlord expect if the tenant breaches a commercial lease by vacating the premises before the lease expires? It depends.It depends on whether the remaining term of the lease is short term (i.e., two years or less) or long te…

Publication

Nonimmigrant H-1B Visa Filing Reminder and Other Employment-Based Visa Options

February 27, 2009

In NCAA basketball, there is “March Madness”. For immigration lawyers, there is “H-1B March Madness.” The primary purpose of this update is to remind employers that the time to file new H-1B Petitions on behalf of foreign workers is April 1, 2009. …

Publication

Discharging Invalid Mechanic's Liens: A Modest Blueprint for Landlords

February 18, 2009

Back in 1999, in an attempt to make Connecticut's mechanic's lien law more contractor-friendly, the Legislature saw fit to tweak the mechanic's lien statute. However, in doing so, it carved out some protection for Landlords and property owners.If any perso…

Publication

Connecticut Landlord and Tenant Law with Forms (Treatise)

October 1, 2008
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Firm News

56 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2020

August 15, 2019

Only one lawyer in each specialty in each region is honored as a “Lawyer of the Year” by Best Lawyers®. Since its first publication in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers compi…

Firm News

Hinckley Allen Partner Noble F. Allen Named 2018 USLAW NETWORK O’Hagan Award Recipient

September 14, 2018

Hinckley Allen is proud to announce Noble F. Allen’s recognition as a recipient of the 2018 USLAW NETWORK O’Hagan Award. The award is given annually to a USLAW member in recognition of outstanding, service, and commitment to the organization’s guidin…

Firm News

51 Hinckley Allen Attorneys Recognized by Best Lawyers in America 2019

August 15, 2018

Hinckley Allen is pleased to announce that Best Lawyers® has recognized 51 attorneys in the 2019 edition of The Best Lawyers in America®, including seven “Lawyers of the Year.” Only one lawyer in each specialty in each region is honored as a “La…

Firm News

Best Lawyers Recognizes 8 Hinckley Allen Partners as “Lawyers of the Year” for 2018

August 22, 2017

Hinckley, Allen & Snyder LLP is pleased to announce that Best Lawyers has recognized partners Noble F. Allen, Christine K. Bush, William S. Fish, Joel Lewin, Robin L. Main, Thomas S. Marrion, Gerald J. Petros, and David A.NOBLE F.

Firm News

52 Hinckley Allen Attorneys Recognized by Best Lawyers of America

August 18, 2017

Noble F.Jomarie T.Robert J.James J.Leon C.John J.William W.Christine K.

Firm News

Hinckley Allen Partner Noble F. Allen Named “Lawyer of the Year” in Real Estate Litigation by Best Lawyers

August 18, 2014

Noble Allen has been named Lawyer of the Year in Real Estate Litigation (Hartford, CT) by Best Lawyers® 2015.Noble practices in the area of litigation, including civil and business litigation, premises liability/insurance claims defense, and commercial l…

Firm News

Best Lawyers® Recognizes 44 Hinckley, Allen & Snyder Partners

September 13, 2012

September 13, 2012 - Hinckley, Allen & Snyder LLP is proud to announce that 44 of its attorneys have been recognized by their peers as being among the nation’s best lawyers in the 2013 edition of The Best Lawyers in America®.Best Lawyers® is based …

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Events

Past Event

Labor & Employment Seminar 2019

May 22, 2019

Don't miss out on the opportunity to update your knowledge on a number of important issues and recent legislation in the ever-expanding area of employment & labor law. Registration and Continental Breakfast: 8:00 a.m. - 8:30 a.m. Seminar: 8:30 a.m. -…

Past Event

ICSC New England Retail Connection 2018

March 7, 2018

We hope to see you at the Hartford International Council of Shopping Centers (ICSC) Retail Connection. The New England Retail Connection is the one-stop for education, networking and deal making designed for retail real estate professionals seeking to d…

Past Event

ICSC New England Retail Connection

March 8, 2017

We hope to see you at the Hartford International Council of Shopping Centers (ICSC) Retail Connection. The New England Retail Connection is the one-stop for education, networking and deal making designed for retail real estate professionals seeking to de…

Past Event

2015 USLAW Network Retail & Hospitality Law Exchange

October 20, 2015

This signature one-day, highly interactive educational program is specifically designed for corporate counsel, litigation managers, risk professionals and claims personnel to engage in dialogue with USLAW member attorneys and outside experts from a cross-s…

Past Event

Retail Risk and Claims Managers Roundtable Meeting, "Navigating the Security Litigation Storm"

July 17, 2013

security litigation and physical assault claims.clients.

Past Event

2012 DRI Retail and Hospitality Litigation and Claims Management Seminar

May 10, 2012

With the guidance of leaders in the retail, hospitality and restaurant industries, as well as experienced outside counsel, DRI's Retail and Hospitality Litigation and Claims Management Seminar will address cutting-edge concerns facing all three industries.

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