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Real Estate
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November 20, 2024
DACA Recipient Fights To Keep NJ Apartment Bias Suit Alive
A Deferred Action for Childhood Arrivals recipient urged a New Jersey federal court not to toss her suit alleging a landlord wrongly refused her housing application, saying she was rejected because she didn't turn over documentation that is unavailable to DACA recipients.
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November 20, 2024
MVP: Latham's Michelle Kelban
Michelle Kelban, co-chair of Latham & Watkins LLP's real estate group, helmed a $2 billion construction financing for Cain International and guided Ares Management's blockbuster purchase of GCP International, earning her a spot as one of the 2024 Law360 Real Estate MVPs.
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November 19, 2024
11th Circ. Urged To Revive Fla. Cancer Cluster Suit
Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.
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November 19, 2024
Online Lenders, Contractor Face Service Members' Fraud Suit
California-based contractor Multitaskr Construction Inc. and several online lending companies were hit with a consumer lawsuit in California federal court alleging they conspired to originate lucrative fraudulent loans for home improvement projects that were never completed.
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November 19, 2024
Wash. Tribe Looks To Ax Wildlife Refuge Protection Suit
A Washington state tribe is looking to dismiss a challenge by three environmental groups to the federal government for failing to protect a national wildlife refuge from an industrial aquaculture operation, arguing that the true purpose of the case is to restrict its members from farming in their historic homeland.
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November 19, 2024
Argentina Must Face $54M Sewage Award Suit, Judge Says
Argentina must face Webuild's lawsuit to enforce a more than $54 million arbitral award it won more than a decade ago in a dispute over a water and sewage service concession, after a Washington, D.C., federal judge rejected the country's argument that the Italian construction giant had missed a crucial deadline.
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November 19, 2024
DOJ Hits Pennsylvania With Bias Suit Over Building Code
A Pennsylvania building code with an automatic sprinkler requirement for community homes for autistic people or those with intellectually disabilities is discriminatory, as it doesn't apply to "similarly sized" homes for people who aren't disabled, the federal government alleged Tuesday.
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November 19, 2024
Condo Says Insurer Underpaid By $19M After Hurricane Ian
A Florida condo association said its insurer underpaid it by nearly $19 million after Hurricane Ian destroyed its property in 2022, according to a suit that was removed to federal court.
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November 19, 2024
'Survivor' Winner Needs To Pay $3.3M Tax Bill, Judge Advises
The winner of the "Survivor" television series who evaded taxes on his $1 million in prize money and served time in prison should pay $3.3 million of his civil liabilities, including fraud penalties, a federal magistrate judge said.
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November 19, 2024
Ohio Board OKs Income Approach In Two Theater Valuations
Two Ohio movie theaters should be valued using the income approach to valuation applied by a county appraiser, the state tax board said in separate rulings involving two counties.
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November 19, 2024
Ga. Panel Says 190-Year-Old Marshland Grant Is Valid
A Georgia appellate court has sided with a company seeking to retain ownership of 1,000 acres of Georgia coastal marshland by using an 1834 document in which the state granted the land to the company's predecessor-in-title.
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November 19, 2024
PierFerd Adds FisherBroyles RE Partner To DC Shop
Pierson Ferdinand LLP has added a FisherBroyles LLP partner who works with real estate financing and transactional matters to its Washington, D.C., team, the firm announced Tuesday.
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November 19, 2024
RFK Stadium Bill Passes Committee, Full Senate Vote Is Next
A bill that would give the Washington, D.C., city government control over land that could be home to a new stadium for the NFL's Commanders passed overwhelmingly Tuesday morning by the U.S. Senate Energy and Natural Resources Committee, moving it to the full Senate for approval.
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November 19, 2024
Treasury Finalizes Partnership Tax Credit 'Direct Pay' Regs
The U.S. Treasury Department finalized regulations Tuesday to make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.
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November 18, 2024
3M Can't Add DuPont, Others To PFAS Water RICO Fight
A Massachusetts federal judge rejected on Monday requests by 3M Corp. and other defendants to add DuPont entities and over a dozen additional companies as cross-defendants in a proposed racketeering class action seeking to hold the companies liable for conspiring to contaminate local drinking water with so-called forever chemicals.
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November 18, 2024
Bannon's 'We Build The Wall' Trial Delayed Until 2025
A New York state judge on Monday agreed to push to February the criminal trial of Steve Bannon over an alleged scheme to con donors seeking to fund new segments of the U.S. border wall, while also allowing prosecutors to introduce additional financial records at trial.
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November 18, 2024
Brokerage Startup Defends Suit Over NAR Listing Rules
A residential brokerage startup defended its antitrust lawsuit from dismissal motions filed by the National Association of Realtors and multiple brokerages, arguing in Utah federal court that it has standing to bring its suit "as an excluded competitor" and that it's not required to make specific claims about the roles of the defendants in the alleged antitrust conspiracy.
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November 18, 2024
State Farm Keeps Win In Suit Over Fatal Domestic Shootings
An Ohio state appeals court on Monday backed State Farm's early win in a dispute between the estates of two deceased romantic partners following shootings that left both dead, with the three-judge panel concluding that the lower court rightly ruled that the insurer's policies with the boyfriend did not cover the incident.
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November 18, 2024
HUD Ducks Homeowner's Insurance Overpayment Suit
A Florida federal judge dismissed a homeowner's proposed class action alleging the U.S. Department of Housing and Urban Development failed to refund mortgage insurance premium overpayments, finding the suit seeks sweeping relief that exceeds the court's power.
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November 18, 2024
Chancery Orders Paybacks In Decade-Old Lease Co. Suit
Former directors of a global temporary housing business that served corporations worldwide must repay indemnification payouts under a multipart Court of Chancery ruling on a suit originally brought in 2014 alleging breaches of a shareholder agreement and fiduciary duty.
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November 18, 2024
Treasury Finalizes Tougher Foreign Investment Law Penalties
The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.
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November 18, 2024
Trump Co. Seeks Coverage Of Wage Theft, Discrimination Suit
The Trump Corp. asked a New York federal court to force an insurer to defend it in a more than $500,000 wage theft and age discrimination dispute brought by a former employee of a company-managed luxury condo in Manhattan.
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November 18, 2024
Wash. Court Asked To Eye Renewal Docs In Fire Damage Row
A Washington couple and two Progressive units urged a federal court to issue a pretrial ruling on whether the couple is entitled to up to $750,000 for a fire they said "destroyed" their home, after Progressive denied coverage for failure to pay the homeowner policy's premium.
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November 18, 2024
Justices Urged To Review Landlords' COVID Eviction Ban Suit
A group of trade associations and a nonprofit urged the U.S. Supreme Court on Monday to grant a review petition filed by landlords claiming they lost $100 million as a result of Los Angeles' COVID-19 eviction moratorium, which ended in January.
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November 18, 2024
Mo. Bank Properly Valued At $1.1M, Commission Rules
A Missouri property that is owned and operated by a bank branch was properly valued at $1.1 million, the state's tax commission ruled, saying the bank's appraiser was not persuasive in her argument that the value should be lowered to $725,000.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Assessing The Practicality Of Harris' Affordable Housing Plan
Vice President Kamala Harris' proposed "Build the American Dream" plan to tackle housing affordability issues takes solid recommendations into account and may fare better than California's unsuccessful attempt at a similar program, but the scope of the problem is beyond what a three-point plan can solve, says Brooke Miller at Sheppard Mullin.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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What To Expect From Evolving Wash. Development Plans
The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.