Residential

  • June 11, 2024

    Conn. Man's Land Not Used For Farming, Appeals Court Finds

    A tax assessor in Connecticut properly declassified a property owner's land as farmland, the state's appellate court ruled in an opinion released Tuesday, affirming a trial court's finding that the property was no longer used for farming.

  • June 11, 2024

    San Diego Hit With Class Action Over Homeless Camp Sweeps

    Homeless residents in San Diego County filed a proposed class action against the county, two cities and state agencies in federal court, alleging they effectively criminalized homelessness amid an affordable housing shortage in order to drive unhoused citizens elsewhere.

  • June 11, 2024

    Ga. Justices Say 1-Year Lawsuit Window Stands In Death Case

    The Supreme Court of Georgia won't hold liable a home inspector sued by the family of a man who was killed when his home's retaining wall collapsed, ruling Tuesday that the inspector's one-year statute of limitations doesn't violate a state ban on hold harmless provisions in construction contracts.

  • June 11, 2024

    4th Circ. Sides With Baltimore Couple In Eviction Row

    A married Baltimore couple's constitutional rights were violated due to a local ordinance that caused them to lose their belongings after being evicted from their home by their landlord earlier than they expected, the Fourth Circuit ruled in a published opinion.

  • June 11, 2024

    Gawthrop Greenwood Grows Community Association Practice

    A real estate attorney specializing in homeowners and condominium associations has moved his practice to Gawthrop Greenwood PC's office in the Philadelphia suburbs after more than 21 years with M. Lyons Law Group LLC.

  • June 11, 2024

    Vt. Short-Term Rental Tax Proposal Vetoed

    A Vermont bill that would have imposed a 3% surcharge on short-term rentals was vetoed by the governor.

  • June 10, 2024

    Home Flooding Was Unavoidable, Agency Tells Appeals Court

    A Texas river management agency has told a state appeals court that a group of Houston residents' properties would have flooded regardless of its actions to mitigate Hurricane Harvey's effects, urging the appellate court to overturn a trial court order denying its bid for release from the residents' suit.

  • June 10, 2024

    Judge Sides With Tenants In Legionnaires' Coverage Dispute

    A Kentucky federal court declined to exercise jurisdiction in an insurer's attempt to secure a ruling that coverage isn't available to its landlord-insureds in a $4.5 million underlying state court action in which a tenant alleged that the landlords' negligence caused her to contract Legionnaires' disease.

  • June 10, 2024

    Mass. House Omits Local-Option Tax From $6B Housing Bill

    A proposal by Massachusetts Gov. Maura Healey to allow local-option transfer fees on high-value real estate sales was left out of a housing package worth more than $6 billion passed by the state House of Representatives. 

  • June 10, 2024

    Insurer Off Hook For HOA's $7.6M Roof Damage Replacement

    An insurer didn't act in bad faith or partake in deceptive trade practices when investigating and issuing payment for storm damage that a homeowners association suffered, a federal judge ruled, finding the insurer never accepted the HOA's nearly $8 million estimate as valid and did not agree to pay that amount.

  • June 10, 2024

    Gibson Dunn Advises $270M Financing For NYC Complex Plan

    A Douglaston Development affiliate has closed on $270 million in financing for a project to replace an existing Manhattan apartment building with a 39-story complex in a deal advised by Gibson Dunn & Crutcher LLP.

  • June 07, 2024

    From Delaware To Georgia: Why LaVie Is Taking Ch. 11 South

    Three years ago, LaVie Care Centers units filed for Chapter 11 protection in the common corporate venue of Delaware, but its new filing in its home state of Georgia challenges traditional norms in the practice and highlights not only local convenience, but the quality of Peach State bankruptcy bar.

  • June 07, 2024

    Tetra Tech Says Gov't On 'Fishing Expedition' In FCA Suit

    Tetra Tech and a subsidiary accused the federal government and a housing developer of a "fishing expedition" after they sought access to electronic media long after discovery closed in cases accusing the subsidiary of fraud under Navy environmental contracts. 

  • June 07, 2024

    LIHTC Developer Asks 11th Circ. To Undo Investor Takeover

    A developer told the Eleventh Circuit on Friday it is a victim of a scheme by investors using a lower court ruling to complete a takeover of two Tampa, Florida, senior housing complexes developed with federal low-income housing tax credits.

  • June 07, 2024

    11th Circ. Urged To Undo Exclusion Of $80M Asset Valuation

    A trustee for creditors of ATIF Inc. told the Eleventh Circuit on Friday that a trial judge erred in excluding an expert's $80 million valuation of the bankrupt title insurance underwriter's 2015 transfer of assets to Old Republic National Title Insurance Co.

  • June 07, 2024

    Lumbee Tribe Family Says Bias Sunk Home Rental Application

    A family of Lumbee Native American tribe members has alleged that a national real estate rental company violated the Fair Housing Act's anti-discrimination provisions by denying their housing application based on the father's single criminal conviction without giving him a chance to appeal.

  • June 07, 2024

    Real Estate Co. Will Begin $170M Houston Tower Project

    A Tennessee-based real estate company is set to begin construction on a $170 million, 37-story, mixed-use, Class A tower project in Houston, Texas, in October, according to a filing with Texas' Department of Licensing and Regulation.

  • June 07, 2024

    Texas Top Court Denies Roofer's Challenge To Adjuster Laws

    The Supreme Court of Texas tossed on Friday a roofing company's challenge to the state's public adjuster licensing laws, saying that requiring a license or preventing certain conduct didn't violate the roofer's free speech rights.

  • June 07, 2024

    Miami Official Can't Shake Zoning Abuse Claims

    A Miami commissioner can't escape allegations that he and other city officials conspired to sabotage local businesses with zoning and safety laws after a pair of business owners backed the commissioner's opponent in a 2017 election, a Florida federal judge ruled.

  • June 07, 2024

    6th Circ. Finds Ethical Lapses Justify Bar On Firm's Outreach

    The Sixth Circuit said Thursday a Michigan federal judge shouldn't have faulted a law firm for attacking a proposed tax foreclosure class-action settlement in solicitation letters, but nevertheless upheld the judge's order barring contact with certain class members because of the firm's actual ethical lapses.

  • June 07, 2024

    Calif. Developer Seeks $5M Excess Coverage For Defect Suits

    A California developer is seeking coverage under a $5 million excess policy for an underlying settlement stemming from construction defect claims, telling a federal court that its excess insurer wrongfully refused to cooperate in the dispute resolution and that the policy expressly provided coverage.

  • June 06, 2024

    Calif. Justices OK UC Berkeley People's Park Housing Plan

    The University of California, Berkeley, can move ahead with its plans to build a housing project in the historic People's Park, the California Supreme Court ruled Thursday, saying a new state law wipes out opponents' claims that the university's environmental impact study failed to look at potential student noise pollution.

  • June 06, 2024

    Insurers' Climate Exposure Poses Risk To US Housing Market

    Climate risks to already strained insurance markets could significantly disrupt the U.S. housing market and the broader financial system, according to insurance, banking and housing experts, as well as a growing body of academic research leveraging new risk data.

  • June 06, 2024

    Fintech Lender Ran 'Bait & Switch' With Borrowers, Suit Says

    Fintech company Figure Lending LLC faces a proposed class action alleging its home equity lines of credit are actually intentionally mislabeled home equity loans with higher interest rates and fees.

  • June 06, 2024

    NYC Passes Economic Opportunity Rezoning, With Tweaks

    The New York City Council voted June 6 to approve a slate of zoning reforms intended to promote small business growth and update decades-old regulations, after making several tweaks to the plan in response to community concerns.

Expert Analysis

  • Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • NY Banking Brief: All The Notable Legal Updates In Q4

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    New York's banking and financial sector saw a number of notable regulatory and legislative changes in the final quarter of 2023, including guidance on climate risks and heightened cybersecurity protocols issued by the New York State Department of Financial Services, as well as final revisions to virtual currency listings in the state, say attorneys at WilmerHale.

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

  • A Look At Consumer Reporting In 2023, And What's To Come

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    The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

  • The Year Ahead In Foreign Investment And National Security

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    In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.

  • A Challenging CRE Environment Holds Opportunities In 2024

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    As the commercial real estate market faces reduced occupancy levels and rising financing costs, the new landscape will be favorable to those who can leverage capital, strategic vision and expertise to meet challenges like taking on distressed properties and converting office space to residential use, say Nesa Amamoo and Vered Rabia at Skadden.

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

  • Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • DOJ Comments Reveal Road Ahead For Mortgage Redlining

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    Comments from two U.S. Department of Justice representatives at a recent fair lending conference show that the DOJ is prioritizing investigations and enforcement against redlining risks, and highlight important compliance steps for lenders, say Lori Sommerfield and Chris Willis at Troutman Pepper.

  • DOJ's RealPage Notice Signals Focus On Pricing Algorithms

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    The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.

  • 4 Key Types Of Coming FHLBank Reforms To Watch

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    Though the Federal Housing Finance Agency's recent report on the Federal Home Loan Bank System has received relatively little attention, the regulatory and legislative changes it proposes in four categories herald the start of a significant effort by the agency to reform the system’s structure and operations and overhaul requirements for member banks, say attorneys at Mayer Brown.

  • Property Owner Considerations Around Electric Vehicle Bans

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    In light of a property management company's recent ban on electric vehicles in Canada, it's worth considering how similar bans might fare in Florida and other U.S. states, and the legal ramifications that could potentially arise, say Gerardo Ortega and Gary Kaleita at Lowndes.