Real Estate

  • December 18, 2024

    Insurers Say Arbitration Is Proper In $7M Ida Damage Suit

    A group of international and domestic insurers asked a Louisiana federal judge to keep in place an order to arbitrate a $7 million Hurricane Ida damage claim, disputing a property owner's argument that state law has a say in the matter.

  • December 18, 2024

    11th Circ. Considers Reviving Developer's I-20 Truck Stop Suit

    A Georgia property owner and his company urged the Eleventh Circuit on Wednesday to revive their suit challenging a Rockdale County ordinance that thwarted plans for a new QuikTrip truck stop near Interstate 20.

  • December 18, 2024

    Ex-Ulta Beauty Atty Returns To Quarles & Brady As Partner

    National firm Quarles & Brady LLP has added the former assistant general counsel of Ulta Beauty to bolster its real estate practice group and efforts to advise its commercial real estate industry clients.

  • December 18, 2024

    Yale Eyes Quick Win In $435M Conn. Hospital Purchase Suit

    Yale New Haven Health Services Corp. has asked a Connecticut state court judge for permission to file a summary judgment motion in a feud with Prospect Medical Holdings Inc. over the sale of several hospitals in the state, saying Prospect's "stunning" failure to fund pensions and pay taxes resulted in property liens that breached the $435 million deal.

  • December 17, 2024

    Red States Can Back Feds In Dakota Access Pipeline Row

    A North Dakota federal judge said Tuesday that 13 Republican-led states can back the federal government in litigation brought by the Standing Rock Sioux Tribe seeking to halt operations of the Dakota Access Pipeline. 

  • December 17, 2024

    2nd Circ. Says Sears Trustee Can Keep Mall Of America Lease

    The Second Circuit has upheld a district court order obliging the return of bankrupt Sears Holding Corp.'s lease in Minnesota's Mall of America to SHC's liquidating trustee, finding in part the mall's earlier lease was not a "true" contract.

  • December 17, 2024

    Hunton Adds Ex-Flagstar Atty To NYC Office

    Hunton Andrews Kurth LLP announced on Tuesday it has hired ex-Flagstar Bank senior vice president and associate general counsel Ian W. Sterling for its New York City office as a special counsel who specializes in structured finance and securitization.

  • December 17, 2024

    CFPB Finalizes Rule For PACE Loans

    The Consumer Financial Protection Bureau on Tuesday finalized a rule that applies standard mortgage protections to so-called Property Assessed Clean Energy loans, where homeowners pay for upgrades through property tax bills.

  • December 17, 2024

    Insurers Freed From Multivehicle House Collision Row

    The Michigan Court of Appeals reversed a lower court's decision, finding that the insurers of vehicles damaged during a 2019 semitruck accident were not responsible for paying for a home that was also destroyed in the incident because the other cars' involvement in the melee was secondary.

  • December 17, 2024

    US Seeks Foreclosure To Pay 'Survivor' Winner's $3.3M Taxes

    A federal magistrate judge should have recommended allowing the U.S. government to foreclose on two properties it claims are controlled by a winner of the "Survivor" TV series who owes $3.3 million in taxes, the government told a Rhode Island federal court.

  • December 17, 2024

    Seattle, Solar Group Sue To Block Natural Gas Ballot Initiative

    The city of Seattle and solar industry and environmental groups have sued the state of Washington to preserve municipalities' ability to curb natural gas use in new buildings, arguing a voter-approved measure blocking that power had unrelated provisions that made it unconstitutional.

  • December 17, 2024

    Tulsa Tribal Jurisdiction Fight Is Paused For Settlement Talks

    An Oklahoma federal judge has hit pause on a dispute between the Muscogee (Creek) Nation and the city of Tulsa over jurisdictional rights after the parties asked for time to participate in settlement discussions.

  • December 17, 2024

    NYC Mayor Must Face Bribery Charge For Turkish Travel Perks

    A Manhattan federal judge on Tuesday rejected New York City Mayor Eric Adams' request to dismiss the bribery charge from his indictment, finding that prosecutors clearly alleged a corrupt bargain with Turkish government agents to receive lavish travel perks.

  • December 17, 2024

    Pa. Supreme Court Says Judge's Side Job Sinks Tax Rulings

    A Pennsylvania state judge who held a side job on a Philadelphia tax appeals board had nullified rulings he made on a local hospital's tax cases, the state's Supreme Court said Tuesday, reasoning that holding both jobs was a "constitutionally impermissible conflict of duties."

  • December 16, 2024

    11th Circ. Says Citrus Grower's Coverage Row Was Ripe

    A citrus grower's bid for damages from its insurer in connection with environmental remediation costs was ripe, the Eleventh Circuit said, reviving the case after finding that a Florida district court wrongly dismissed it by conflating the issue of ripeness with the merits of the grower's claims.

  • December 16, 2024

    Feds, Ute Tribe Wrestle Over 19th Century Laws In Land Fight

    The federal government and the legal team representing the Ute Indian Tribe clashed over the interpretation of two 19th-century laws during a hearing in Washington, D.C., federal court Monday, as the tribe seeks to restore lands within its Utah reservation to trust status.

  • December 16, 2024

    Minn. Panel Revives $1.5M Fire Loss Row Against State Farm

    A Minnesota state appeals court revived a property owner's $1.5 million bid for additional coverage over a building fire, finding Monday that while state law and the owner's State Farm policy required it to sue within two years of the loss, that requirement didn't extend to the owner's appraisal demand.

  • December 16, 2024

    Ex-Ill. Rep. Says He Got ComEd, AT&T Work With Madigan's Help

    Former Illinois state Rep. Eddie Acevedo testified Monday that he obtained consulting work from utilities ComEd and AT&T with former House Speaker Michael Madigan's help, but pushed back on prosecutors' suggestion that he performed little to no work for the pay.

  • December 16, 2024

    Colo. Justices Revoke Decision On Eviction Jury Trials

    The Colorado Supreme Court on Monday rescinded its October ruling that tenants facing eviction are entitled to jury trials if there are factual disputes, after a tenant revealed in her rehearing petition that she was sent an eviction notice in the mail and wasn't personally served.

  • December 16, 2024

    CFPB Says Conn. Decision Supports Its Case Against Lender

    The Consumer Financial Protection Bureau has said a Connecticut Appellate Court decision last week in a lender's case against the state banking department bolsters its own parallel federal proceeding against the same entity, noting that the state court rejected the lender's claims that federal and state regulations do not align.

  • December 16, 2024

    SEC Wants Out Of PE Firm's 'Fishing Expedition' Suit

    The U.S. Securities and Exchange Commission has asked a Texas federal judge to toss a suit brought by a real estate-focused private equity fund alleging the SEC subjected it to an unconstitutional "fishing expedition" outside its regulatory purview, arguing that sovereign immunity bars the firm's claims and that the court has no jurisdiction over the case.

  • December 16, 2024

    Blindsided Developer Says $112K Legal Bill Should Be $25K

    A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.

  • December 16, 2024

    Troutman Adds Real Estate Finance Partner Ahead Of Merger

    Troutman Pepper Hamilton Sanders LLP announced Monday that it has hired a real estate attorney from Goulston & Storrs PC as a finance and restructuring partner in New York.

  • December 16, 2024

    Mass. Paper To Close, Pay $1.1M To Settle Defamation Case

    A Massachusetts mayor said he has settled his defamation claims against the city's local newspaper for a $1.1 million payment and an agreement that the publication will close its doors later this week.

  • December 13, 2024

    Real Estate Recap: New Mapping, Terrorism, What We Learned

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.

Expert Analysis

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Calif. Ruling Offers Hope For Mitigated Negative Declarations

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    In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • There's No Crying In Property Valuation Baseball Arbitration

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    The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • How To Avoid A Costly CPA Limitation Hidden In Most Leases

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    The lease audit rights clause is a seemingly innocuous provision in most commercial real estate leases that ends up costing tenants millions of dollars each year, as they have unwittingly agreed to retain only an accountant to investigate and settle financial issues, says Jason Aster at KBA Lease Services.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Opinion

    Rental Price-Fixing Suit Against RealPage Doesn't Add Up

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    Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

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