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Real Estate
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May 30, 2024
Mass. Foreclosure Law May Be Unconstitutional, Judge Says
A Massachusetts law blocking towns and cities from returning excess funds from foreclosure sales may be an unconstitutional taking, a federal judge has said.
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May 30, 2024
Jersey Shore Motel Loses Condemnation Fight With Town
A New Jersey borough properly used eminent domain to take over a local 50-room motel where it plans to provide parking and electric vehicle charging, a New Jersey appellate panel ruled.
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May 30, 2024
WeWork Gets OK For $4B Chapter 11 Plan
A New Jersey bankruptcy judge on Thursday approved office space provider WeWork's plan to wipe out $4 billion in debt and end its Chapter 11 case after hearing there were no remaining creditor objections.
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May 30, 2024
Conn. Atty Avoids Default In $1.4M Transfer Scam Suit
A Connecticut attorney has won the right to defend herself against accusations she knowingly participated in an email transfer scam that stole more than $1.4 million from a New Jersey-based real estate development company last year.
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May 30, 2024
High Court Calls For 2nd Circ. Redo In BofA Preemption Fight
The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.
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May 29, 2024
Malaysia Plans Suits Over $14.9B Award To Sulu Claimants
Units of Malaysia's national natural gas company are planning to file litigation in Europe against claimants awarded $14.9 billion and their litigation funder following a high-stakes arbitration with the Southeast Asian country over a 19th-century land deal, according to newly filed documents in New York.
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May 29, 2024
Tribe Says Mining Co. Can't Protect 500 Docs In Land Suit
A Native American tribe has asked a Minnesota federal court to ignore a mining company's objections to a magistrate judge's order compelling it to produce nearly 500 documents related to a land exchange dispute, arguing that it failed to establish attorney-client privilege claims.
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May 29, 2024
DACA Holder Accuses Fla. Credit Union Of Discrimination
A man with temporary immigration protections through the Deferred Action for Childhood Arrivals program is accusing Florida's third-largest credit union of unlawfully denying him a home loan based on his immigration status, in a suit filed Wednesday in federal court.
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May 29, 2024
NC State Is Blocking Probe Of PCBs In Building, Court Told
North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.
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May 29, 2024
More Law Firms Are Relocating, Signing New Leases In 2024
More law firms have relocated or renewed their office leases in the first quarter of 2024 than during the same period over the last four years, continuing a post-pandemic trend that began late last year as more firms made moves, according to a recent report by real-estate services company Savills.
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May 29, 2024
South Baltimore Citizens Call On EPA For Incinerator Relief
Baltimore has turned a blind eye to South Baltimore residents suffering from respiratory diseases and persistently urging the city to transition away from Maryland's largest trash incinerator to zero-waste infrastructure for dealing with refuse, two environmental groups and a residents group say in an administrative complaint Wednesday.
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May 29, 2024
Wash. Panel Ends Quest Diagnostics' COVID Coverage Quest
Quest Diagnostics' insurers don't owe the medical testing lab COVID-19-related business loss coverage, a Washington appeals court said, ruling the company failed to show that the presence of the virus resulted in physical loss or damage to its property.
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May 29, 2024
Nestle Purina Sued Over Foul Odors At Denver Plant
Two Colorado residents hit Nestle Purina PetCare Co. with a proposed class action in federal court Tuesday, saying the company's pet food manufacturing facility emits gag-inducing odors that have disrupted lives and reduced property values.
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May 29, 2024
Law Firm Says Atty Can't Elude Malpractice Claims In RE Case
Chaitman LLP has urged a New Jersey state court to preserve its malpractice claims against a suspended solo attorney, arguing that discovery so far has shown that the attorney was deeply involved in guiding a case that ended in failure for its clients and exposed Chaitman to its own malpractice suit.
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May 29, 2024
8th Circ. Backs Ark. Landowners' Jury Win In Flooding Suit
The Eighth Circuit has upheld a group of Arkansas landowners' nearly $350,000 jury win in their lawsuit accusing Lawrence County of building a bridge that caused flooding that damaged their crops.
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May 29, 2024
CNN Tells 11th Circ. Trump Defamation Claims Fall Flat
CNN called on the Eleventh Circuit to reject former President Donald Trump's attempt to revive his $475 million defamation suit against the network, arguing that its use of the phrase "big lie" to describe his claim that the 2020 presidential election was stolen "does not convey Trump is Hitler."
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May 29, 2024
Ind. Tax Court Says Hotel In Construction Was Fairly Assessed
An Indiana hotel that was under construction in 2010 was properly assessed despite claims that the county assessor had not assessed all unfinished commercial properties equally, the state tax court ruled.
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May 29, 2024
Greenberg Traurig Gets 30-Year Tax Break From Saudi Arabia
Greenberg Traurig LLP is among the first law firms to get licensed as a regional headquarters, or RHQ, company in Saudi Arabia, allowing the firm to take advantage of a major tax break, the firm announced Tuesday.
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May 29, 2024
Colo. Creates Tax Credit For Creative Industries Infrastructure
Colorado established a state income tax credit for capital improvement projects that support creative industries, under legislation signed by Gov. Jared Polis.
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May 28, 2024
Chancery Finds Ex-CEO Owed $79M For Share Lockup Losses
The former CEO of a 3D building imaging company is owed more than $79 million in damages in his share value suit against the company, but not the more than $141 million he sought, the Delaware Chancery Court ruled Tuesday.
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May 28, 2024
Agribiz Pushes Ninth Circ. To Reverse Land Swap Decision
A global agribusiness with operations in Idaho has again asked the Ninth Circuit to reverse a lower court's "misguided" holding under the National Environmental Policy Act that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer.
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May 28, 2024
Tribe Says Enbridge's Trespass Concern Wasted Court's Time
A Wisconsin tribe has told the Seventh Circuit that Enbridge Energy wasted the court's time raising concerns that an old tribal trespass ordinance could cost the company millions in fines, saying it has nothing to do with the tribe's attempts to stop the Line 5 pipeline.
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
Insurers, Charter School Assoc. Dismiss Ida Damage Row
A New Orleans-area charter school system and its insurers have agreed to dismiss their dispute over coverage for the system's Hurricane Ida damage claims, the parties told a Louisiana federal court Tuesday, saying "all claims and causes of action brought forth in the above captioned matter have been compromised."
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May 28, 2024
Simpson Thacher Hires US Treasury Alum From Blackstone
An experienced fund transactions attorney has moved from an in-house role at Blackstone to private practice at Simpson Thacher & Bartlett LLP, the firm said Tuesday.
Expert Analysis
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Clean Water Act Jurisdiction Still Murky After A Choppy 2023
This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
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The 4 Top Philadelphia Commerce Court Opinions Of 2023
Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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5 Traps To Avoid When Selling CRE In Las Vegas Area
When dealing with commercial real estate in Clark County, Nevada — which includes the Las Vegas metro area — even sophisticated sellers may be ensnared by a myriad of tricky issues, ranging from transfer tax nuances to arbitration laws, says Chris Walther at Fennemore Craig.
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'Brownfields' Definition Key To Energy Community Tax Credits
As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.
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Why Courts Are Nixing Insurer Defense Recoupment Claims
Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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DOJ Comments Reveal Road Ahead For Mortgage Redlining
Comments from two U.S. Department of Justice representatives at a recent fair lending conference show that the DOJ is prioritizing investigations and enforcement against redlining risks, and highlight important compliance steps for lenders, say Lori Sommerfield and Chris Willis at Troutman Pepper.
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How The NY AG Leads Investigations In Civil Securities Fraud
Although investigating white collar fraud can put significant strain on state and local resources, the New York Attorney General's Office has continued to use its expansive statutory authority to take a leading role in bringing civil enforcement actions in highly complex financial matters, say Carrie Cohen and Nathan Reilly at MoFo.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.