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Real Estate
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October 08, 2024
Pa. Developers Defend Efforts To Remediate Landslide Damage
A Western Pennsylvania property development company asked the Pennsylvania Commonwealth Court on Tuesday to throw out a contempt order in connection with an agreement to provide remediation to a community it built that was devastated by a landslide, arguing it poured its personal and business funds into the project.
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October 08, 2024
Federal Regs Could Ground Airport Pollution Suit, Judge Hints
A Washington federal judge acknowledged Tuesday that federal regulations are an obstacle to Seattle residents' suit against airlines and the city's primary airport over alleged flight-path pollution, while suggesting more discovery could be needed before he can rule out their claims entirely.
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October 08, 2024
DC Judge Won't Rethink Striking Down USDA Wetland Rule
A Washington, D.C., federal judge on Tuesday refused to reconsider her decision to vacate a U.S. Department of Agriculture rule designed to stop the development of wetlands on farmland and struck down those regulations.
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October 08, 2024
Mass. Seeks Order Forcing Steward To Maintain Coverage
Massachusetts officials are asking the Texas bankruptcy judge presiding over Steward Health Care's Chapter 11 proceedings to order the company to maintain medical malpractice and workers' compensation coverage for current and potential claims from its operation of hospitals and medical practices in the Bay State.
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October 08, 2024
3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits
The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.
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October 08, 2024
Conn. Ethics Board Tosses Grievance Against Ex-Town Atty
A Connecticut ethics panel has dismissed a grievance at the heart of a former town attorney's claims that the tax assessor spread lies about his conduct and character, finding that the lawyer broke no professional conduct rules and concluding no further investigation was warranted.
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October 08, 2024
Manatt RE Leader Found Common Ground Without An Ego
Manatt Phelps & Phillips LLP has lost a Silicon Valley real estate partner with the death of Michael Polentz, and former colleagues are praising his ability to seamlessly break down complex ideas and his achievement of great success in the legal world — and doing so without an ego.
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October 08, 2024
Ex-FDNY Safety Chief Cops To Taking Bribes For Inspections
A Staten Island firefighter who headed the New York City Fire Department's office tasked with fire prevention told a Manhattan federal judge on Tuesday he took thousands of dollars in exchange for speedier safety checks, pleading guilty to bribery conspiracy.
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October 08, 2024
Ga. Firm Says 'Right To Petition' At Stake In HOA Row
An Atlanta-area real estate law firm urged the Georgia Court of Appeals Tuesday to stand by a trial court's decision to kill a lawsuit filed by two property owners who lost to the firm in court some 17 years ago.
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October 08, 2024
Latham-Led Ares Paying $3.7B For Real Assets Manager GCP
Latham & Watkins LLP-led Ares Management Corp. said Tuesday it has agreed to buy GCP International, a global alternative asset management firm with $44 billion of assets under management, in a cash and stock transaction valued at $3.7 billion.
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October 07, 2024
Black La. Residents Urge Overhaul On Discriminatory Land Use
A Fifth Circuit judge asked attorneys for a Louisiana parish Monday whether they believe local government officials could continue racial discrimination for "eternity" because an allegedly discriminatory land-use plan was passed a decade ago without widespread concern.
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October 07, 2024
Factory Mutual Must Fully Cover Plant Explosions, Suit Says
Petrochemicals maker Indorama Ventures accused Factory Mutual Insurance Co. in Texas federal court Monday of wrongly refusing to fully cover roughly $100 million in losses stemming from a series of major explosions in 2019 near an Indorama plant in Texas.
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October 07, 2024
Justices Won't Hear Commerzbank RMBS Fight With US Bank
The U.S. Supreme Court on Monday turned down a bid by Commerzbank AG to revive more of its claims against U.S. Bank NA in a long-running lawsuit over pre-2008 residential mortgage-backed securities trusts, declining to review a recent Second Circuit decision in the case.
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October 07, 2024
Title Co. Denied Early Win In $13M Hotel Investment Fight
A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.
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October 07, 2024
Nationstar Mortgage Fails To Dodge Proposed Fee Suit Action
A Washington federal judge refused Monday to let Nationstar Mortgage LLC escape a putative class action accusing the mortgage loan servicer of illegally charging fees for loan payoff statements.
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October 07, 2024
Sparring With Adams, Feds Shadowbox The Supreme Court
The corruption case against New York City Mayor Eric Adams may be the next front in an ongoing clash between federal prosecutors' desire to police official misconduct and a line of U.S. Supreme Court cases holding that alleged graft does not always amount to a federal crime.
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October 07, 2024
NJ City Sues To Halt Hudson Riverfront Development
The Hoboken Planning Board has turned into a rubber stamp for developers including a duo that wants to build towers that will impede the view from the scenic Palisades cliffs, a neighboring city alleged in a New Jersey state court lawsuit.
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October 07, 2024
11th Circ. Balks At Ex-Braves' $47M Easement Case
Former Atlanta Braves players John Smoltz and Ryan Klesko, challenging a U.S. Tax Court ruling that slashed the value of a conservation easement deduction by 90%, won't have their appeal heard by the Eleventh Circuit after the court said Monday the duo had jumped the gun on challenging the decision before it was made final.
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October 07, 2024
Manafort Associate's Bribery Case Won't Get Top Court Look
The U.S. Supreme Court on Monday declined to take up the case of a former bank CEO who had argued the Second Circuit's decision to uphold his conviction for bribing former Donald Trump staffer Paul Manafort wrongly criminalized even the smallest of benefits a bank executive receives from a customer.
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October 07, 2024
Mich. Couple Owe $3.3M Tax Debt, US Says
A Michigan federal court should order the sale of three properties held by a real estate company to satisfy the roughly $3.3 million tax debt of a couple who are the company's nominee owners, the U.S. government said in a complaint Monday.
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October 07, 2024
Calif. Landlord Sued By Tenants Over 'Hidden' Rent Fees
A California multifamily landlord responsible for over 60,000 apartments wrongfully charged tenants "hidden and misleading" rent fees, a proposed class of tenants has claimed in California federal court.
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October 07, 2024
Brothers' $10B Real Estate Battle Nets Another $11.6M In Fees
A California judge granted over $11 million in attorney fees Monday to a man who prevailed in a 20-year legal battle with his brother over a real estate empire when a jury awarded him and his other brothers a $10 billion verdict, granting the bulk of the request.
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October 07, 2024
Feds Seek Tape, Allege Witness Tampering In WeWork Case
Prosecutors asked Sunday to subpoena a recording of an incident in which they say a former investment firm CEO who is accused of making a fraudulent offer for WeWork shares had improper contact with a witness expected to testify at the ex-CEO's upcoming trial.
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October 07, 2024
Whistleblower Must Show Docs In Fla. House-Flipping Scheme
A Florida state court judge Monday ordered a woman who uncovered a house-flipping scheme allegedly run by the husband of a former Miami city attorney to produce documents in the case, including communications with journalists, in an attempt to show whether any misconduct occurred over the course of the investigation.
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October 07, 2024
Mass. Justices Unsure If Divisive Housing Law Has 'Teeth'
The Massachusetts high court appeared split Monday on whether the state properly issued guidelines requiring towns in greater Boston to add housing density near mass-transit facilities.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Do Not Overstate Fla. Condo Termination Ruling's Impact
A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.
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Takeaways From FDIC's Spring Supervisory Highlights
The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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What Calif. Eviction Ruling Means For Defaulting Borrowers
A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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How 3D Printing And Prefab Are Changing Construction
The growing popularity of trends like 3D printing technology and prefabrication in the construction industry have positive ramifications ranging from reducing risks at project sites to streamlining construction schedules, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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A Deep Dive Into High Court's Permit Fee Ruling
David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.
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Opinion
The Case For Overturning Florida Foreclosure Ruling
A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Bracing For The CFPB's War On Mortgage Fees
As the Consumer Financial Protection Bureau homes in on the legality of certain residential mortgage fees, the industry should consult the bureau's steady stream of consumer lending guidance for hints on its priorities, say Nanci Weissgold and Melissa Malpass at Alston & Bird.
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DOJ Consent Orders Chart Road Map For Lending Compliance
Two recent consent orders issued by the U.S. Department of Justice as part of its efforts to fight mortgage lending discrimination highlight issues that pose fair lending compliance risks, and should be carefully studied by banks to avoid enforcement actions, says Memrie Fortenberry at Jones Walker.