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Real Estate
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January 06, 2025
Cos. Accused Of Misusing EB-5 Investor Funds
More than $80 million in EB-5 investor funds that were intended for a Brooklyn real estate project were misused to purchase shares in a related company, a suit claimed in New York federal court.
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January 06, 2025
Another Building Contractor Agrees To End No-Hire Pacts
The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.
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January 06, 2025
Biden Signs DC Football Stadium Bill Into Law
President Joe Biden on Monday gave Washington, D.C., government control over a site that could become home to a new stadium for the NFL's Commanders.
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January 06, 2025
Zurich Seeks Coverage Support In MetLife Building Injury Row
Zurich American Insurance Co. asked a New York federal court Monday to force another insurer to tap into its $3 million policy to cover the defense of Manhattan's MetLife Building against a suit filed by a worker who was injured at its loading dock.
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January 06, 2025
Verizon Seeks $1.15M Legal Fee After Texas Land Dispute
Verizon's real estate unit asked a Delaware vice chancellor to approve a $1.15 million attorney fee request for beating a Connecticut real estate investment firm's breach of contract suit, rejecting the losing side's call for offsets covering fees that Verizon said were never incurred.
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January 06, 2025
Farm Owners, Rail Co. Spar Over Toxic Spill Trial Evidence
Mississippi landowners fired back at a Canadian National Railway unit's attempt to block a train derailment report containing its admissions of fault from an upcoming trial in Mississippi federal court, saying the company's claims that the report is incomplete "ring hollow."
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January 06, 2025
Feds Hit Georgia Developer With Suit Over Native Artifacts
The United States has accused a Georgia developer of violating its Clean Water Act permit by illegally filling in wetlands, so it could build residences on a floodplain even though it knew about the presence of protected archaeological sites and cultural objects on the property.
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January 06, 2025
Ga. Developer Says Insurer Shorted Roof Repair Coverage
The owner of a north Georgia commercial property has sued its insurer, accusing it of intentionally failing to complete a claims adjustment and only partially paying the cost to repair a roof that was damaged during a storm.
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January 06, 2025
Ill. Bill Aims To Extend Affordable Housing Tax Break Deadline
Illinois would allow some owners of affordable rental housing until the end of 2037 to apply for a reduction in their property's assessed value for tax purposes as part of a bill introduced in the state Senate.
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January 06, 2025
Ohio Landlord Seeks $9M Insurance Payout For Hail Damage
The operator of a 324-unit apartment complex is seeking to recover over $9 million from its insurer for damages caused by a 2022 hail and windstorm, according to filings in Ohio federal court.
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January 06, 2025
Jenner & Block Faces DQ Bid In Casino Project Dispute
Three Native American tribes want Jenner & Block LLP disqualified from a lawsuit that seeks to block the construction of a new casino in Oregon, claiming the firm previously represented them in the same dispute.
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January 06, 2025
CFPB Sues Berkshire-Owned Lender Over 'Risky' Home Loans
The Consumer Financial Protection Bureau filed suit Monday against a lending arm of Clayton Homes Inc., the Berkshire Hathaway-owned builder of manufactured homes, accusing it of underwriting failures that stuck vulnerable borrowers with unaffordable loans.
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January 06, 2025
Property Owner Says Insurers Owe $4.2M For Burglary Losses
A property owner said its insurers must cover $4.2 million in property damage caused by a burglary, telling an Oregon federal court that the carriers relied on a number of policy exclusions to deny coverage but failed to properly investigate the claim.
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January 03, 2025
Real Estate Recap: All Eyes On '25
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what the experts think is in store for 2025.
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January 03, 2025
NY Nursing Home Blames AG's 'Crusade' For Ch. 11
The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.
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January 03, 2025
Wash. City Fights Order To Keep ER Tribal Shelter Open
The city of Toppenish, Washington, is asking a federal district court to withdraw an order allowing the Confederated Tribes and Bands of the Yakama Nation to operate a 24-hour emergency shelter, arguing that the criminal nature of regulations governing the facility preclude the tribe's arguments on the present situation.
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January 03, 2025
Attorney Sues Over Audit, Ouster From Title Insurer's Boards
Title insurer CATIC mishandled an audit of a law firm, sold services that didn't fix the alleged issues and ousted the firm's namesake attorney from the boards of two affiliated companies, a Connecticut real estate attorney has alleged in a 51-count complaint.
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January 03, 2025
Biogen Not On Hook For Disruptions Caused By Landlord
Biogen Inc. did not breach the terms of a sublease with biopharma components manufacturer Brammer Bio and bears no responsibility for any claimed losses suffered by Brammer during a construction project by the building's owner, a Massachusetts judge has concluded.
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January 03, 2025
Ore., Calif. Tribes Can't Stop Casino Project
A D.C. federal district court judge denied a bid by three tribes to block the U.S. Department of the Interior from issuing a determination that would greenlight a casino project in Oregon, saying the environmental impact statement for the endeavor does not constitute a final agency action.
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January 03, 2025
Pa. Homebuyers Say Broker Misled Them On Chicken Ban
A pair of Pennsylvania homebuyers told a state court on Jan. 2 they have buyer's remorse after being misled by broker Coldwell Banker Real Estate Services LLC about a homeowners association's ban on chickens living on their property.
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January 02, 2025
Anchorage Residents Look To Block Tribal Casino Project
A group of Anchorage residents has sued the acting chairwoman of the National Indian Gaming Commission and the Native village of Eklutna in Alaska federal court, claiming plans to build a 58,000-square-foot casino will ruin their rural neighborhood.
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January 02, 2025
DC Allowed To Resubmit AvalonBay Rent-Fixing Claims
The District of Columbia will get another chance to tweak its claims against landlord AvalonBay Communities and see if the changes are enough to prop up allegations that it has been using the property management platform RealPage to fix the price of rentals.
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January 02, 2025
Justices Urged To Review Copyright Attorney Fee Circuit Split
A Florida real estate broker is asking the U.S. Supreme Court to decide if defendants hit with copyright infringement suits can collect attorney fees when those suits are dropped, calling the case "an obvious candidate" for high court review.
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January 02, 2025
New Jersey Judge Won't Block Affordable-Housing Law
A New Jersey state judge has refused to block a state law that aims to determine how much affordable housing must be developed, ruling that the municipalities challenging the law are obligated under the state's constitution "to provide realistic opportunities for low- and moderate-income housing."
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January 02, 2025
Oregon, California Tribes Ask Court To Block Casino Project
Three tribes are asking a D.C. federal court to block the Interior Department from issuing a final decision that would take land into trust for an Oregon casino project, arguing that the agency's lack of tribal consultation on the endeavor will cause damage to their economic and governmental interests.
Expert Analysis
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Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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What Interest Rate Cuts Mean For Housing Markets
The Federal Reserve's recent reduction of interest rates may provide limited immediate relief for real estate sectors, but offers potential opportunities for commercial real estate investors and construction firms, which now face an environment ripe for new projects, say attorneys at Cozen O'Connor.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.