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Real Estate
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February 03, 2025
Ruling Boosts Claims In Ill. Tribal Casino Row, 7th Circ. Told
A proposed tribal casino in the Illinois city of Waukegan has told the Seventh Circuit that a recent Illinois Supreme Court ruling in a related case shows the city is responsible for a constitutional injury against the casino as it presses a case claiming intentional discrimination.
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February 03, 2025
4th Circ. Won't Block SC Mixed-Use Housing Project
The Fourth Circuit refused to temporarily block the development of a nearly 4,000-acre mixed-use Charleston, South Carolina, development project, ruling that the conservationists challenging the project failed to show that the federal government violated federal law after issuing a Clean Water Act permit for the project.
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February 03, 2025
DOJ's LA Fitness ADA Suit May Be 'Inadequate,' Judge Says
A California federal judge expressed doubts Monday about the U.S. Department of Justice's lawsuit alleging that LA Fitness failed to accommodate patrons with disabilities and said the court so far finds the pleadings to be "inadequate" in arguing there is a "pattern and practice" of discrimination.
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February 03, 2025
Conn. City Wants Cannabis Facility Zoning Challenge Axed
The city of Stamford, Connecticut, on Monday asked a state trial court judge to dismiss a citizen lawsuit challenging its zoning board's approval of a cannabis dispensary on the city's eastern municipal line, arguing the group and its members lack standing to sue for four reasons.
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February 03, 2025
McGuireWoods Nabs Chicago CRE Partner From Ice Miller
McGuireWoods LLP announced Monday that the firm has added a commercial real estate lawyer from Ice Miller LLP, adding that the lateral partner hire has been tapped to lead the firm's real estate initiatives in Chicago and across the Midwest.
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February 03, 2025
Ill. Bill Seeks Tax Break For Megaproject Building Materials
Illinois would provide an exemption from any state or local use tax or retailers occupation tax for building materials incorporated into real estate at what are known as megaproject sites as part of a bill filed in the state House of Representatives.
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February 03, 2025
Sotomayor Clears Path For Retrial In Landmark Graft Case
U.S. Supreme Court Justice Sonia Sotomayor lifted a temporary pause Monday on a public corruption case that resulted in a landmark 2023 decision eliminating the right-to-control theory of fraud, clearing the way for a retrial on a traditional theory of property fraud.
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February 03, 2025
Texas Appeals Court Wipes Exxon's $2.5M Oil Cleanup Verdict
A Texas appeals court has wiped a more than $2.5 million verdict for ExxonMobil Pipeline Co., finding that successive owners of its pipeline hadn't agreed to assume the cleanup costs of an oil spill.
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February 03, 2025
Relief In Tribal Casino Fight Would Be Uncommon, Court Told
An Oregon tribe at the center of a dispute over the federal government's decision to approve a land-into-trust application for the state's first off-reservation casino says any attempt to void the process is moot, telling a federal court that an unfavorable ruling in the case would be unprecedented.
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February 03, 2025
DC Judge Joins RI In Blocking Trump Funding Freeze
A D.C. federal judge on Monday temporarily blocked the Trump administration from implementing a freeze on federal spending while a group of nonprofits sue over the move, ruling the pause appears to "suffer from infirmities of a constitutional magnitude."
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February 03, 2025
Studio Used By Apple, Pop Stars Says Noise Forced Move
A Boston music and sound production company whose clients have included Apple, NBC Universal, Disney and pop group New Kids on the Block says its former landlord should cover the cost of lost business and moving to a quieter location after construction noise disrupted dozens of sessions.
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February 03, 2025
Hyatt Extends Talks About Possible Playa Hotels Buy
Playa Hotels & Resorts NV and Hyatt Hotels Corp. announced Monday that the two companies are still in talks about a potential acquisition, noting that the duo have extended an exclusivity agreement to Feb. 10.
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January 31, 2025
Real Estate Recap: Data Centers, Trump, Prepack Bankruptcy
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the way law firms are evolving alongside the data center boom, immediate reactions to the Trump administration's policy shakeup, and two Big Law real estate leaders' enthusiasm for prenegotiated bankruptcies.
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January 31, 2025
9th Circ. Affirms Mormon Church's Win In Tithing Fraud Case
The Ninth Circuit on Friday affirmed the dismissal of a lawsuit against the Church of Jesus Christ of Latter-day Saints from a wealthy and prominent former member who claimed the church fraudulently used members' tithes to fund commercial projects — with one judge arguing the case should have been tossed on church autonomy grounds only.
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January 31, 2025
Ohio Businesses Hit Norfolk Southern With Derailment Suits
Norfolk Southern was hit with a slew of new lawsuits over the February 2023 train derailment and chemical spill in Ohio, including by two landlords who claim they lost tenants because of the environmental contamination.
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January 31, 2025
Top Bribe-Taker In NYC Housing Corruption Bust Gets 4 Years
A Manhattan federal judge hit a former New York City public housing superintendent with a four-year prison term Friday, after he admitted taking $329,000 in bribes — the largest amount among 70 city workers caught up in a large-scale anti-corruption takedown.
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January 31, 2025
HUD Seeks Pause On Insurers' Appeal Over Fair Housing Rule
U.S. Department of Housing and Urban Development attorneys asked a D.C. Circuit court Friday to pause consideration of an insurance industry trade group's appeal over a HUD rule addressing discrimination claims under the Fair Housing Act, saying the agency's new leadership may reconsider the rule altogether.
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January 31, 2025
LA Fire Claims Tracker Reports More Than $4.2B In Payments
More than $4.2 billion in claims has been paid in connection with the devastating Eaton and Pacific Palisades fires in Los Angeles County that erupted in early January, according to data from a California Department of Insurance tracker.
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January 31, 2025
US Chamber Backs Exxon Suit Over Seized Cuba Property
The U.S. Chamber of Commerce urged the U.S. Supreme Court to accept Exxon Mobil Corp.'s challenge of a D.C. Circuit decision that made it harder for the energy giant to seek damages over property that Fidel Castro's government confiscated decades ago in Cuba.
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January 31, 2025
Insurer Says $30M Suit Over Child's Murder Not Covered
An insurer told a Tennessee federal court Friday that due to an assault and battery exclusion, a property management company had no coverage for an underlying $30 million wrongful death suit brought after a boy was fatally shot at one of the company's facilities.
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January 31, 2025
Latham Guides $50M Bitcoin Mining Data Center Investment
Cipher Mining Inc., a data center company that focuses on bitcoin mining, announced a $50 million investment from SoftBank Corp. for the development of high-performance computing data centers in a deal guided by Latham & Watkins LLP.
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January 31, 2025
Amid Suits, Wis. Tribe Tickets For Use Of Contested Roads
A Wisconsin tribe embroiled in an ongoing dispute with the town of Lac du Flambeau over four tribal roads said they will ticket anyone who trespasses on them following a federal court ruling that said it couldn't restrict access to non-Native American homeowners.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Owners Appeal Docs Order In Yale's $435M Hospital Sale Fight
Three companies that own property occupied by bankrupt Prospect Medical Holdings Inc. hospitals in Connecticut have appealed a state trial court judge's order to provide documents to Yale New Haven Health in a fight over a $435 million purchase agreement.
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January 31, 2025
Judge Grants Fraud Retrial After Witness 'Forgot to Shut Up'
A Florida federal judge ordered a new trial in an insurance fraud case against the former medical director of a West Palm Beach sober living home, saying his 2022 conviction was tainted when the government's star witness "forgot to shut up" during testimony plagued with lies.
Expert Analysis
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Opinion
How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.