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Real Estate
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September 10, 2024
Ex-Conn. Town Atty Slams Official's Defamation Suit Defense
The former attorney for Newington, Connecticut, and the town's tax assessor bickered over whether the latter's allegedly defamatory sentiments linked to now-dismissed ethics complaints were made publicly, with the lawyer insisting the statements were made to select groups of individuals and therefore weren't motivated by concern for the municipality's citizens.
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September 10, 2024
Ex-McElroy Deutsch CFO's Ch. 11 Case Nixed As 'Bad Faith'
McElroy Deutsch Mulvaney & Carpenter LLP convinced a New Jersey bankruptcy judge to throw out the Chapter 11 filing of its former chief financial officer, who is behind bars for stealing over $1 million from the firm, with the judge finding Tuesday that the petition was brought in "bad faith" to stall related state litigation.
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September 10, 2024
2024's Top Rulings In Native American Law
The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.
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September 10, 2024
E-Discovery Software Co. Relativity Opens New Chicago HQ
E-discovery software provider Relativity said Tuesday that it has opened a new 100,000-square-foot headquarters in Chicago, where the company has been based since its founding in 2001, and is continuing its investment in Chicago Public Schools.
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September 10, 2024
Healthcare Real Estate Firm Pays $80M For 277 US Properties
Healthcare real estate investment shop Scioto Properties said Tuesday it has completed the $80 million purchase of a portfolio of 277 properties across 17 U.S. states, representing the largest transaction in the firm's quarter-century history.
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September 10, 2024
Ariz. Gov. Can Join Monument Suit, Tribes and Enviros Sit Out
The state of Arizona can intervene in a fight over the Biden administration's creation of a national monument on an Indigenous site, but groups of tribes and conservation organizations aren't allowed in the suit, at least for now, a federal judge ruled Monday.
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September 10, 2024
GM Can't Arbitrate Claims Engines Were 'Engineered To Fail'
General Motors LLC cannot arbitrate class claims that certain engines were "engineered to fail," an Ohio federal judge has ruled, citing recent Sixth Circuit guidance on when a party waives the right to resolve disputes out of court.
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September 09, 2024
Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes
The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.
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September 09, 2024
Spain Hit With $18B Claim Over Massive Malaysia Award
Spain is facing an $18 billion claim asserted by a group of Filipinos who accuse the country of stymying their efforts to enforce a $14.9 billion arbitral award against Malaysia, which they won following a land use dispute over a portion of territory along the northern coast of Borneo.
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September 09, 2024
Lewis Brisbois Denied Early Win In Real Estate Broker's Suit
A Los Angeles judge on Monday declined to dismiss a breach of contract suit brought against Lewis Brisbois Bisgaard & Smith LLP by a real estate broker, saying that although he has some problems with the pleadings, they meet the standard to survive the law firm's demurrer.
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September 09, 2024
NY Courts' Limits On Ethics Data Broke Law, Watchdog Says
In a rebuke to the New York state court system, an official transparency watchdog has said current restrictions on public access to judges' financial disclosures violate the state's Freedom of Information Law.
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September 09, 2024
Siemens To Build $60M Bullet Train Production Facility In NY
Siemens Mobility will build a $60 million bullet train production facility in Horseheads, New York, that is set to start operating in 2026, according to an official announcement Monday.
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September 09, 2024
No Coverage For BNSF In Flood Suit, Travelers Says
Two Travelers units told a California federal court that they owe no additional insured coverage to railway giant BNSF over claims that a track relocation project it undertook caused significant flooding on a property owner's land.
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September 09, 2024
New Jersey Towns Fight New Affordable Housing Framework
Nine New Jersey towns have filed a constitutional challenge to the state's new affordable housing obligations framework, arguing it imposes responsibilities never envisioned by the decades-old doctrine that gave rise to the state's Fair Housing Act.
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September 09, 2024
SEC Fines 7 Companies $3M Over Whistleblower Violations
The U.S. Securities and Exchange Commission on Monday announced a $3 million collective settlement with seven public companies, including TransUnion and Acadia Healthcare Co. Inc., to resolve claims that those companies used employment, separation and other agreements to impede whistleblowers from reporting potential misconduct to the SEC.
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September 09, 2024
AIG Unit Sees Recovery Funds Dispute With RealPage Pared
A federal judge trimmed a lawsuit an AIG unit filed seeking to recover over $1 million it paid to property management software company RealPage after a phishing attack, rejecting both the insurer's stance that the covered fees fell under a recovery provision and RealPage's accusations of Texas Insurance Code violations.
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September 09, 2024
Conn. Realtor Gets $4M From Luxury Property Co. In Fall Suit
A Connecticut state jury has awarded an injured realtor more than $4 million in his suit against luxury property company Hedgerow Properties LLC alleging an unsafe staircase caused him to fall and be injured.
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September 09, 2024
Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing
A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.
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September 09, 2024
Investment Firm Can't Fell Timber Co.'s Carbon Offset Suit
The North Carolina Business Court has trimmed a timber company's lawsuit accusing a forestland investment firm of overstating land's carbon offset value in a sale, but let most of the claims escape being felled, reasoning that the timber company's complaint alleged plausible accusations of contract violations.
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September 09, 2024
Conn. Atty Defaults In Real Estate Client's Overcharge Suit
A Connecticut Superior Court clerk has entered a default judgment against a law firm accused of botching a real estate transaction, leaving the firm's namesake attorney to face allegations that he distributed home sale proceeds to unknown people and wrote a bad check to the true beneficiary of a trust.
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September 09, 2024
Illinois Judge Won't Block Chicago Rental Protections
An Illinois federal judge refused Friday to grant a property company an injunction blocking the enforcement of a Chicago ordinance intended to protect renters living in foreclosed residential properties by entitling them to $10,000 payouts.
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September 09, 2024
DLA Piper's Boston Leader To Co-Lead US Real Estate Team
A longtime DLA Piper attorney focused on real estate investment and development is stepping up to co-lead the firm's U.S. real estate practice, according to an announcement Monday.
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September 09, 2024
Apartment Cooperative Hits Chapter 11 Amid Takeover Fight
The management of Success Village Apartments Inc. has filed for Chapter 11 bankruptcy protection in the District of Connecticut, citing between $1 million and $10 million in debt, amid court battles with local communities and utility companies that sought to force the 900-unit housing cooperative into receivership.
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September 09, 2024
Kramer Levin Beats NJ Malpractice Suit From RE Developer
Kramer Levin Naftalis & Frankel LLP has defeated a malpractice suit from a real estate developer who claimed it represented both the developer and a firm partner's son — who was an employee of the developer — at the same time, according to a New Jersey state appellate decision issued Monday.
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September 09, 2024
Ore. Tax Court Nixes Parcel Owners' Bid To Raise Valuation
The Oregon Tax Court rejected an attempt by owners of a property to increase its tax valuation, saying the owners failed to show they were aggrieved by the valuation and did not first appeal to the local assessment board.
Expert Analysis
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2nd Circ. Eminent Domain Ruling Empowers Municipalities
The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.
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8 Fla. Statutes That Construction Cos. Should Prepare For
In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.
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Opinion
Time To Fix NYC's Broken Property Assessment System
A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.
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Bankruptcy Ruling Shifts Lease Rejection Claim Calculation
A New York federal court’s recent ruling in In re: Cortlandt provides guidance on how to calculate a landlord's damages claim when a bankruptcy debtor rejects a lease, changing from an approach that considers the remaining rent due under the lease to one that considers the remaining time, say Bethany Simmons and Noah Weingarten at Loeb & Loeb.
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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.