Real Estate

  • December 16, 2024

    Colo. Justices Revoke Decision On Eviction Jury Trials

    The Colorado Supreme Court on Monday rescinded its October ruling that tenants facing eviction are entitled to jury trials if there are factual disputes, after a tenant revealed in her rehearing petition that she was sent an eviction notice in the mail and wasn't personally served.

  • December 16, 2024

    CFPB Says Conn. Decision Supports Its Case Against Lender

    The Consumer Financial Protection Bureau has said a Connecticut Appellate Court decision last week in a lender's case against the state banking department bolsters its own parallel federal proceeding against the same entity, noting that the state court rejected the lender's claims that federal and state regulations do not align.

  • December 16, 2024

    SEC Wants Out Of PE Firm's 'Fishing Expedition' Suit

    The U.S. Securities and Exchange Commission has asked a Texas federal judge to toss a suit brought by a real estate-focused private equity fund alleging the SEC subjected it to an unconstitutional "fishing expedition" outside its regulatory purview, arguing that sovereign immunity bars the firm's claims and that the court has no jurisdiction over the case.

  • December 16, 2024

    Blindsided Developer Says $112K Legal Bill Should Be $25K

    A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.

  • December 16, 2024

    Troutman Adds Real Estate Finance Partner Ahead Of Merger

    Troutman Pepper Hamilton Sanders LLP announced Monday that it has hired a real estate attorney from Goulston & Storrs PC as a finance and restructuring partner in New York.

  • December 16, 2024

    Mass. Paper To Close, Pay $1.1M To Settle Defamation Case

    A Massachusetts mayor said he has settled his defamation claims against the city's local newspaper for a $1.1 million payment and an agreement that the publication will close its doors later this week.

  • December 13, 2024

    Real Estate Recap: New Mapping, Terrorism, What We Learned

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.

  • December 13, 2024

    US Bank Fails To Beat RMBS Suit From Commerzbank

    A New York federal judge has ruled that Commerzbank AG's suit against U.S. Bank may proceed, rejecting U.S. Bank's argument that presuit notification to certain residential mortgage-backed securities trust parties was unnecessary due to their alleged involvement in the misconduct.

  • December 13, 2024

    5th Circ. Revives Challenge To Dallas Flood Project

    A Texas federal judge jumped the gun dismissing two Dallas property owners' claims that the U.S. Army Corps of Engineers has failed to fully analyze the potential impacts of a flood control project in the city, a Fifth Circuit panel said Friday.

  • December 13, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a group of franchise operators hit Vodafone with a £120 million ($151 million) claim for allegedly imposing commission cuts, green energy tycoon Dale Vince pursue another libel action against the publisher of the Daily Mail, and parcel delivery giant Yodel face a claim by an investor that helped save it from collapse earlier in the year.

  • December 13, 2024

    Kluger Kaplan Shifting To Bigger Space In Miami Office Tower

    Kluger Kaplan Silverman Katzen Levine PL renewed its lease for the 34-story Citigroup Center in downtown Miami, and also plans to move to a new 17,757-square-foot office space within the Class A office tower in the second quarter of 2025, the Citigroup Center announced Friday.

  • December 13, 2024

    Philadelphia Eagles Can't Revive COVID-19 Coverage Suit

    A Pennsylvania federal judge refused to reconsider the Philadelphia Eagles' bid for COVID-19 loss coverage Friday, saying that although the football team thought it "made a clean pass for coverage," there would be no touchdowns scored against its insurer in court.

  • December 13, 2024

    NYC Hospital System Wants Out Of REIT's $50M Campus Suit

    The New York City Health and Hospitals Corp. and the New York City Economic Development Corp. asked a New York federal court Friday to dismiss a $50 million suit that accused them of being misleading when it came to the development of a floodwall that's supposed to be part of a commercial life sciences campus project.

  • December 13, 2024

    Balance Of Equities Favors Tribal Emergency Shelter, Court Told

    A Washington tribe says it's likely to prevail in a challenge that looks to block the city of Toppenish from enforcing an ordinance on a 24-hour emergency cold weather shelter, arguing that the municipality concedes that the unhoused are likely to face serious injury or death absent court intervention.

  • December 13, 2024

    Worker Fired For Union Activity, Not Vax Status, Court Agrees

    A D.C. Circuit panel on Friday upheld a National Labor Relations Board decision that a commercial property management firm illegally fired a union supporter, finding "substantial evidence" the firing was based on the worker's union support and not his COVID-19 vaccination status.

  • December 13, 2024

    Conn. Stadium Bidder Can't Pursue 'Sham' Process Claims

    An unsuccessful bidder for the redevelopment of Trinity Health Stadium in Hartford, Connecticut, lacks standing to carry on a 56-count lawsuit against 19 defendants that it accused of executing a "sham" process, a state appeals court ruled Friday.

  • December 13, 2024

    Fla. Woman Says PI Firm Botched Daughter's Death Suit

    A Florida woman has launched a suit against the personal injury firm that represented her in a case targeting the apartment complex where her daughter was shot and killed, alleging that the firm's negligence resulted in her suit being dismissed twice.

  • December 13, 2024

    Fight Over $40M Discount For Boston Casino Headed To Trial

    A Massachusetts judge declined to toss allegations that Wynn Resorts lied to a landowner to secure a $40 million discount on real estate where the company built the Encore Boston Harbor casino, teeing up a bench trial in the case.

  • December 12, 2024

    Pawnbroker Pleads Guilty To Bribing Ex-Newark Deputy Mayor

    A Garden State pawnbroker and jeweler admitted in New Jersey federal court Thursday that he took part in a bribery scheme to influence a former Newark official regarding the acquisition and redevelopment of city-owned properties.

  • December 12, 2024

    Ch. 7 Trustee Must Explain $200M Holdback Bid, Court Told

    The owner of two bankrupt real estate companies has asked a Connecticut state court for permission to question the Chapter 7 trustee who wants a $200 million placeholder in connection with a shareholder's derivative claims, arguing the trustee must detail his allegations of the owner diverting millions to other business interests.

  • December 12, 2024

    Mich. Judge Hesitant To Rule On $217M Dam Repair Tax

    A Michigan federal judge sounded reluctant Thursday to make a decision about whether a $217 million dam repair tax assessment violated homeowners' constitutional rights before a state appellate panel rules on the homeowners' challenge to the assessment in a parallel case over properties affected by flooding from the 2020 Edenville Dam collapse.

  • December 12, 2024

    11th Circ. Won't Rehear Guatemala Power Plant Fight

    The Eleventh Circuit will not reconsider its decision refusing to vacate an arbitral award issued following an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.

  • December 12, 2024

    Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases

    A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.

  • December 12, 2024

    NY Judge Bars Pot Regulator From Processing Retail Apps

    A New York state judge Thursday ordered cannabis regulators to stop processing applications submitted by would-be marijuana sellers who did not secure a location for their proposed pot shop before November of last year, leaving hundreds of prospective retailers in limbo.

  • December 12, 2024

    Insurer Owes Defense In Faulty Landscaping Row, Court Told

    A contractor facing claims it did faulty irrigation and landscaping work told a Florida federal court that its commercial general liability insurer must defend it, saying while the insurer declined additional insured coverage to the underlying claimant, it still hasn't communicated a coverage position with the contractor.

Expert Analysis

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Smith's New Trump Indictment Is Case Study In Superseding

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    Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Colorful Lessons From NYC's Emotional Support Parrot Suit

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    A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Consider Best Legal Practices For Commissioning Public Art

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    Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Applying High Court's Domestic Corruption Rulings To FCPA

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    After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.

  • Climate Among Many Factors Driving Up RE Insurance Costs

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    A proactive approach to risk management may determine the viability of the U.S. commercial real estate sector as weather crises and other factors drive insurance costs higher, says Ulrick Matsunaga at Crosbie Gliner.

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