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Real Estate
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July 05, 2024
FTC Wants Second Look At $1.6B CoStar, Matterport Deal
The Federal Trade Commission has requested more information from CoStar Group and Matterport on a planned $1.6 billion merger that would round out CoStar's real estate analytics offerings with the latter company's virtual property tour platform.
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July 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.
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July 05, 2024
Mich. Tax Panel Drops Vacant Store's Value By $500K Per Year
The highest and best use of a vacant commercial property at the time of its assessment was to demolish the improvements and hold it for future development, a Michigan panel ruled, lowering the property's valuation by nearly $500,000 for each of two years.
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July 03, 2024
Alaskan Tribe Says It Can't Get Access To Burial Site
The governing body of an Alaska Native Tribe is suing several state entities and the Federal Aviation Administration, claiming they are preventing the tribe from performing excavations of archaeological artifacts and ancestral remains found during construction of an airport runway.
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July 03, 2024
Petersen Health Lands $136M In Winning Asset Bids
Petersen Health Care told a Delaware bankruptcy court Wednesday it selected four successful bids, totaling roughly $135.8 million, for the company's skilled nursing facilities, including an offer worth $116.2 million from a stalking-horse bidder.
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July 03, 2024
Realtor.com Parent Accuses CoStar Of Stealing Trade Secrets
The parent company of Realtor.com sued CoStar Group Inc. and one of its employees in California federal court Tuesday, alleging the worker stole confidential trade secrets from his time working at Realtor.com in order to boost the performance of CoStar's rival real estate website, Homes.com.
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July 03, 2024
Wash. Mall, Retail Center Seek $1.3M In Property Tax Refunds
A Seattle mall and shopping center are seeking property tax refunds topping $1.3 million, according to complaints in state court that claim the county assessor failed to use appropriate data and overvalued the properties.
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July 03, 2024
No 'Unfettered Discretion' For Zoning Boards: Mich. Justices
The Michigan Supreme Court has held that conditionally rezoning a property is only valid if the property's proposed use is already allowed under a town's ordinances, instructing a trial court to determine whether a racing dragway is a permitted use under a township's commercial zone.
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July 03, 2024
Deals Rumor Mill: Paramount-Skydance, EuroLeague, Hyundai
Skydance closes in on an agreement to buy Paramount, PE firms eye EuroLeague basketball at a potential $1 billion valuation and Hyundai could raise $3.5 billion in its India unit's IPO. Here, Law360 breaks down the notable deal rumors from the past week.
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July 03, 2024
Hospitality REIT, Activist Investor To Drop Board Feud
Braemar Hotels & Resorts and hedge fund Blackwells Capital said they plan to resolve their litigation in a deal that calls for the activist investor to withdraw from a proxy fight and buy a bigger stake in the real estate investment trust.
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July 03, 2024
Deal Reached In Del. Suit Targeting Gores-Backed UWM SPAC
Architects of a $16 billion special purpose acquisition company merger that took United Wholesale Mortgage public have reportedly agreed to settle a Delaware Chancery Court stockholder suit accusing private equity billionaire Alec Gores and others of misleading investors.
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July 03, 2024
Developer Owes $10M For Boston Project Delays, Suit Says
Massachusetts contractor Suffolk Construction Co. Inc. claims the developer of a significant mixed-use residential and commercial block in Boston's South End still owes it more than $10 million, saying delays due to the pandemic and a change in the type of cabinetry in the apartments contributed to higher costs.
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July 02, 2024
Ga. City Comes Out On Top In T-Mobile Cell Tower Suit
The city of Columbus, Georgia, has come out on top in a legal battle with a wireless infrastructure builder who says that the city unfairly blocked its requests to build T-Mobile a cell tower, a conflict that also involved the local Shriners.
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July 02, 2024
Colo. City Housing Authority Says Board Can't Be Fired At Will
A Colorado city's ordinance violates state law because it gives the mayor the power to replace the commissioners of the city's housing authority without just cause, the housing authority has claimed in Colorado state court.
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July 02, 2024
Casino Game Co. Settles $5.8M Conn. Loan Lawsuit
An electronic casino and lottery game software maker and a group of its lenders have settled their dispute over a $5.8 million default judgment that the game-maker allegedly failed to pay from a suit the lenders brought in 2021.
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July 02, 2024
Gov. Says Ky. Tower's Sale Didn't Cancel Ties To Laundering
Prosecutors and a pair of Miami businessmen have traded briefs over preserving the government's case in Florida federal court to seize $9.1 million from the sale of a Louisville, Kentucky, tower over alleged ties to a Ukrainian money laundering operation.
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July 02, 2024
Enbridge, Tribes Spar Over Payout In Pipeline Trespass Row
Enbridge Energy told the Seventh Circuit a recent ruling that resulted in a tribe receiving a nearly $400 million payout for trespassing does not apply to the Bad River Band of Lake Superior Tribe's current trespass challenge, arguing the district court recognized that this case presents a different set of facts.
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July 02, 2024
Ind. High Court Say Firefighter's Fall Suit Can Go Forward
The Indiana Supreme Court on Tuesday gave the green light to a firefighter's injury suit over him falling through a gap in a wall while responding to a fire, saying the state's "First Responder Rule" doesn't preempt his claim because the alleged negligence that caused the fire is not the cause of his injury.
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July 02, 2024
The Commercial Real Estate Q&A's You Can't Miss
Check out Law360 Real Estate Authority's most buzzed-about commercial real estate Q&As from the first half of 2024.
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July 02, 2024
Data Analysis Shows Swift Influx In EPA Brownfield Grants
A Law360 Real Estate Authority analysis of the U.S. Environmental Protection Agency's brownfield grant awards since the program's inception shows a steep increase in funding, particularly in funding of cleanups, since the Bipartisan Infrastructure Law was passed in 2021.
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July 02, 2024
Alaska Village Hits Army Corps With Gold Mine Permit Suit
The Native Village of Dot Lake is asking an Alaska federal judge to throw out a permit the U.S. Army Corps of Engineers issued for an open pit gold mine Kinross Gold Corp. and Peak Gold LLC are developing near the Yukon border.
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July 02, 2024
Mass. Panel Won't Cut Tax Value Over Denied Building Permits
The owner of commercial property in Massachusetts failed to show that local denials of building permits impacted the tax value of the property, a state panel said in a decision released Tuesday, rejecting the owner's appeal of a local assessment.
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July 02, 2024
The Residential Real Estate Q&A's You Can't Miss
Check out Law360 Real Estate Authority's hottest residential real estate Q&A's from the first half of 2024.
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July 01, 2024
Philly Developer's Co. Must Pay $68.5M Over Worker's Death
The family of a man who died after falling 50 feet from a scaffolding while installing siding on a luxury townhome has been awarded $68.5 million by a Philadelphia jury, sticking prominent city developer Ori Feibush's construction company with a hefty tab.
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July 01, 2024
W.Va. Homeowner's Depreciation Suit Survives Dismissal
A West Virginia federal court declined to toss a homeowner's lawsuit accusing an insurer, broker and loss adjuster of unlawfully depreciating the value of his home after a flood, determining that the homeowner met the pleading standards to defeat dismissal.
Expert Analysis
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Illinois EV Charging Act Sparks Developer Concerns
A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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What NAR Settlement Means For Agent Commission Rates
If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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What Nevada 'Superbasin' Ruling Means For Water Users
The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
The first quarter of the year brought the usual onslaught of new regulatory developments in California — including a crackdown on junk fees imposed by small business lenders, a big step forward for online notarizations and a ban on predatory listing agreements, says Alex Grigorians at Hanson Bridgett.
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2nd Circ. Ruling Clarifies When Demand Letters Are Claims
The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.