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Real Estate
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November 25, 2024
NJ Judge Allows Nonprofit To Join Affordable Housing Fight
A New Jersey nonprofit is aligned with the state's government in a challenge to a new affordable housing obligation framework it adopted, but that alignment of goals does not mean the nonprofit should not also be allowed to intervene on the case, a Garden State judge said in an order.
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November 25, 2024
Tenant's Death Excluded From Coverage, Kansas Judge Says
A Kansas federal judge granted an insurer an early win in a coverage dispute with an apartment complex over an underlying lawsuit in which a tenant's son says his father died of hypothermia because of a faulty furnace, finding that a "habitability exclusion" barred coverage for the suit.
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November 25, 2024
Mortgage Co. Unfairly Inflated Borrowers' Balances, Suit Says
Shellpoint Mortgage Servicing was hit Friday with a proposed class action alleging the company and its predecessor in interest, Specialized Loan Servicing LLC, inflated borrowers' balances on long-dormant second mortgages through "unfair, deceptive and unconscionable means."
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November 25, 2024
4th Circ. Stands By HELOC 'Offset' Ruling Against PNC
The full Fourth Circuit has declined to reconsider a panel decision that extended protections under the Truth In Lending Act by barring banks from dipping into a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent.
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November 25, 2024
Law Firm Leasing Surpasses Pre-COVID Rate So Far In 2024
The rate at which U.S. law firms are signing major office leases — those at or above 20,000 square feet — has surpassed pre-pandemic levels, according to new data released by Savills on Monday, showing that while activity is up, firms are divided on whether to expand, downsize or maintain their square footage.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Plakin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
DOJ Says Realtor Commissions Deal Is No Antitrust Shield
The U.S. Department of Justice warned the National Association of Realtors that changes to broker commission rules agreed to in a settlement with home sellers does not shield the industry from government antitrust scrutiny.
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November 25, 2024
Fla. Judge Trims Complaint Over Deadly Crane Collapse
A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.
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November 25, 2024
Justices Won't Hear Takings Clause Claim For Wrecked House
The U.S. Supreme Court on Monday denied a woman's petition seeking to review a Fifth Circuit decision that held McKinney, Texas, did not need to compensate her for destroying her home while resolving a hostage situation with an armed fugitive.
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November 25, 2024
Housing Project Will Pollute Public Water, Conn. City Says
The construction of 16 houses in Ledyard, Connecticut, will contaminate the groundwater and endanger the drinking water supply for people living on the site, the city of Groton's water department said in an appeal of the project's approval to the state court.
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November 25, 2024
Condo Boards Likely Safe From Corporate Transparency Law
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled.
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November 25, 2024
Fla. Judge Won't Toss Banker's Suit Over $1.7M Stolen Funds
A Florida judge said Monday he would not dismiss a lawsuit by a Miami banker who is the son of Ecuador's former comptroller accusing his company's ex-CFO of embezzling $1.7 million to invest in a condominium unit, but the judge ordered the banker to provide a more specific breakdown of the allegedly misused funds.
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November 25, 2024
3 Firms Guide $11.5B Building Materials Co. Buyout
Summit Materials Inc. announced Monday that it has reached an agreement to be bought out by rival Quikrete Holdings Inc. that sees the construction materials company valued at $11.5 billion, in a deal guided by Davis Polk, Troutman Pepper and Covington.
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November 25, 2024
Home Automation Co. Strikes $1.5M Deal To End OT Suit
A smart home technology company reached a $1.5 million deal to resolve allegations from a collective of current and former employees who accused the company of wrongfully classifying them as overtime-exempt, costing them overtime pay, according to a filing in Georgia federal court.
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November 25, 2024
Justices Won't Review Mich. Gun Range Ban
The U.S. Supreme Court on Monday rejected a proposed gun range's challenge to a Michigan town's zoning denial, denying its petition over Second Amendment protections for firearm training.
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November 22, 2024
Ex-NFL Player Scott Turner Picked For Trump's HUD Secretary
Donald Trump announced Friday that he nominated retired NFL player and former executive director of the White House Opportunity and Revitalization Council Scott Turner to serve as secretary of the U.S. Department of Housing and Urban Development.
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November 22, 2024
Real Estate Recap: AI, NY Rent Control, NEPA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.
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November 22, 2024
Service Fees Not 'Incidental' To Debt Collection, 11th Circ. Told
Ocwen Loan Servicing LLC urged the Eleventh Circuit on Friday to reverse two Florida lower court judgments finding it violated debt collection practices with a fee to process phone or internet payments, saying it's not an illegal "incidental" charge because the borrower is paying for an optional service.
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November 22, 2024
Insurer Says Property Co. On Hook For $250K Cyber Theft
An insurer for a Washington condominium association told a federal court that a property management services company must reimburse the carrier for nearly $250,000 its insured lost after cybercriminals allegedly hacked into the management company's computer system and made payment requests from the condo association's bank account.
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November 22, 2024
Malaysia Looks To Shore Up Counterattack Over $14.9B Award
Units of Malaysia's national energy company have kicked off new litigation in Delaware and New York, seeking additional information as they look to fight back against a massive $14.9 billion arbitral award issued in a territorial dispute stemming from a 19th-century land deal.
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November 22, 2024
DC RealPage Antitrust Suit Will Get New Judge In 2025
The District of Columbia's case accusing a slew of landlords of using property management platform RealPage to fix the price of rentals is proceeding on schedule, but the judge who has been overseeing the case is going to be handing the matter off to another at the end of the year.
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November 22, 2024
AG Doesn't Rep NJ Housing Group's Interests, Court Told
A nonprofit housing advocacy organization argued in New Jersey state court Friday that it should be allowed to intervene in a constitutional challenge to the state's new affordable housing obligations framework, contending that it represents parties that are not adequately represented by Attorney General Matt Platkin.
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November 22, 2024
Washington Tribe Says City Can't Block Emergency Shelter
A Washington tribe is asking a federal district court judge to block the city of Toppenish from preventing it from opening a 24-hour emergency cold weather shelter, arguing that the attempt violates its inherent sovereign authority and treaty-reserved rights to govern its lands and people.
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November 22, 2024
Norfolk Southern Says Artist's Timeline Doesn't Add Up
Norfolk Southern said it should still get an early win over an artist who sued the company for allegedly covering over murals on a railroad bridge, even after a federal magistrate found the sham affidavit doctrine didn't apply when the artist changed his story during depositions spanning two lawsuits.
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November 22, 2024
Insurer Owes $4.5M For Water Damage, Wash. HOA Says
A Washington state homeowners association told a federal court that its insurer owes over $4.5 million in coverage to repair hidden water damage at its condominium community, arguing that no exclusions, conditions or limitations bar coverage under its policy.
Expert Analysis
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Conservation Easement Cases Weave Web Of Uncertainty
Much of the IRS and Justice Department’s recent success in prosecuting syndicated conservation easement cases can be attributed to the government’s focus on the so-called PropCo ratio, which could indicate treacherous waters ahead for participants and their advisers, even under the incoming Trump administration, say attorneys at Polsinelli.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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NYC Hotel Licensing Law's Costs May Outweigh Its Benefits
A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.