Real Estate

  • September 23, 2024

    Atlanta Wants Almost-Starbucks Demolition Suit Tossed

    The city of Atlanta renewed its efforts Monday to toss a suit from a property owner who says his former restaurant space was illegally condemned, telling a Georgia federal judge that the suit is an attempted end-around of the municipal review process where the spat belongs.

  • September 23, 2024

    Law Firm Accused Of 'Gamesmanship' In NJ Malpractice Suit

    A pair of siblings suing Chaitman LLP for malpractice in New Jersey told the state court that the firm is delaying the litigation with a discovery motion about the order in which depositions should be taken that "should never have been filed to begin with."

  • September 23, 2024

    Ex-Conn. Police Chief Demands Atty Fees After Winning Suit

    The former chief of police in Newington, Connecticut, is demanding attorney fees after a state court judge dismissed him from a defamation lawsuit brought by the onetime town attorney and other ex-officials, which arose from ethics complaints that the plaintiffs say were full of lies.

  • September 23, 2024

    Mich. Township Scores Partial Win In Suit Over Bike Path Law

    A Michigan federal judge ruled that Jamestown Charter Township's ordinance allowing authorities to require developers to fund bike path construction is not facially unconstitutional, despite finding the municipality's recent tweaks to the law to be "suspicious."

  • September 23, 2024

    Hawaii Judge Says Tenants Must Arbitrate Water Pollution Suit

    The named plaintiffs in a proposed class of Hawaii tenants must arbitrate the individual claims in their water contamination case against a landlord while their other claims are paused, an Aloha State federal judge has ruled.

  • September 23, 2024

    Julie Chrisley Fights For Sentence Cut After 11th Circ. Ruling

    Former reality TV star Julie Chrisley asked a Georgia federal judge on Friday to resentence her to no more than five years for her role in a $36 million tax evasion and fraud scheme, arguing against prosecutors' insistence that the seven-year sentence she was previously given be kept intact.

  • September 20, 2024

    Real Estate Recap: Infrastructure Rally, Insurance Reckoning

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.

  • September 20, 2024

    Cards Against Humanity Hits SpaceX With $15M Trespass Suit

    Cards Against Humanity LLC hit Elon Musk's SpaceX with a $15 million lawsuit in Texas state court, alleging SpaceX has trespassed and dumped trash and machinery on its once-pristine Lone Star State property that the party card game-maker bought to impede former President Donald Trump's U.S.-Mexico border wall.

  • September 20, 2024

    Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss

    Even though the Ninth Circuit in a recent decision largely upheld a Federal Communications Commission policy that reined in municipal governments' power to impose zoning restrictions on wireless network siting, the court's ruling wasn't all bad news for city officials.

  • September 20, 2024

    Enviro Group Threatens Suit To Protect Newt In Fla., Ga.

    The Center for Biological Diversity has notified the U.S. Fish and Wildlife Service it plans to sue over the denial of Endangered Species Act protections to a newt species that lives in threatened pine forests and wetlands in southeastern Georgia and north-central Florida.

  • September 20, 2024

    Senate Panel Advances Jamul Indian Village Land Transfer Act

    A U.S. Senate panel has moved forward efforts to win passage of the Jamul Indian Village Land Transfer Act, which would place approximately 172 acres of specified lands in San Diego into trust for the benefit of the California tribe.

  • September 20, 2024

    Eviction Law Firm Says Tenant's Fee Class Action Untimely

    An eviction law firm pushed a Colorado federal court to toss a proposed class action filed by tenants who claim the firm illegally charged them attorney fees before their eviction proceedings were resolved.

  • September 20, 2024

    Slow Development Puts Nebraska District Into Ch. 9

    A local development authority filed for Chapter 9 protection in Nebraska after laying out significant funds to install roads and sewer systems for a housing development that was stalled by the 2008 financial crisis.

  • September 20, 2024

    Insurers Say Ky. House Damage Wasn't From Mine Collapse

    Insurers told a Kentucky federal court to toss a couple's case seeking compensation for damage to their home because of coal mine subsidence, arguing the damage wasn't caused by a collapsing void underground.

  • September 20, 2024

    Vandalizing Doctor Gets $200K For Defeating Vengeful Suit

    A doctor who defaced the property of a real estate developer with graffiti can keep an award of more than $200,000 in attorney fees for defending himself from a suit that a judge found was filed out of vengeance, a Michigan appellate panel has ruled. 

  • September 20, 2024

    Entrepreneur Says Partners Stiffed Him On Testing Site Deal

    A Pittsburgh entrepreneur says he had a deal with three Omaha, Nebraska-based businessmen to help them open COVID-19 testing labs in Ohio and Pennsylvania in the early days of the pandemic, but is still owed $2 million, according to a lawsuit filed Friday in Pennsylvania state court.

  • September 20, 2024

    Insurer Off Hook For Late-Reported Malpractice Claim

    An insurance carrier had no obligation to defend or indemnify a Massachusetts attorney who failed to report a malpractice lawsuit for more than a year, the First Circuit said, affirming a lower court's decision to vacate a $1.1 million jury verdict against the insurer.

  • September 20, 2024

    Mandarin Oriental Can Proceed With COVID Coverage Suit

    A New York federal judge declined to toss a COVID-19 business interruption lawsuit by luxury international hotel chain Mandarin Oriental, holding that the chain sufficiently alleged that its loss was caused by an infectious disease under the terms outlined in its "all risks" policy.

  • September 20, 2024

    Morgan Lewis Hires Sidley Structured Transactions Partner

    Morgan Lewis & Bockius LLP announced Friday that it has hired the co-leader of Sidley Austin LLP's residential mortgage-backed securities team to further expand its structured transactions practice in New York.

  • September 20, 2024

    Tribe's Stateless Status Undoes $1.9M Construction Suit

    A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.

  • September 20, 2024

    Green Groups Can't Bar Housing Project, SC Judge Says

    A South Carolina federal judge on Thursday denied conservation groups' push to block a 9,000-unit housing development on the Cainhoy Peninsula near Charleston, ruling they've not shown they're likely to succeed in a case challenging federal reviews and approvals.

  • September 20, 2024

    Ore. Couple Denied Tax Deduction For Below-Market Rentals

    An Oregon couple were correctly denied income tax deductions for expenses related to rental properties, the state tax court said, because they did not charge the renters market rates, disqualifying the rentals as income-producing properties.

  • September 19, 2024

    Wells Fargo Judge Says NDA Isn't A 'Gag' In Loan Bias Case

    A California federal judge on Thursday challenged Wells Fargo's arguments seeking to prevent a former underwriter from testifying as an expert in a proposed class action claiming the bank discriminated against non-white borrowers, saying a confidentiality agreement the ex-employee purportedly signed couldn't be used as a "gag" to silence him.

  • September 19, 2024

    CFPB's Chopra Sounds Alarm On Home Insurance 'Crisis'

    Consumer Financial Protection Bureau Director Rohit Chopra called Thursday for concerted policy action to tame spiking homeowners insurance costs and said he's looking into streamlining rules on mortgage refinancing to help consumers take advantage of the Federal Reserve's shift into rate-cutting mode.

  • September 19, 2024

    Wash. Justices Strike Down County's Rural Winery Regs

    The Washington State Supreme Court has struck down an Evergreen State county's regulations for wineries and tasting rooms on rural land near Seattle, saying Thursday the local government violated long-term planning and land use law by downplaying potential environmental consequences of the rules before passing them.

Expert Analysis

  • Opinion

    Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • What To Expect From Evolving Wash. Development Plans

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    The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Brownfield Questions Surround IRS Tax Credit Bonus

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    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

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