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Real Estate
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February 05, 2025
California Tribes Sue Feds Over 'Massive' Casino Project
The Wintu Tribe of Northern California and the Paskenta Band of Nomlaki Indians hauled several federal agencies into Washington, D.C., federal court for allegedly greenlighting a plan to turn over 220 acres of Indigenous territory into a "massive" casino development without evaluating the environmental impact or the land's cultural significance.
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February 05, 2025
Dems Want Probe Of RealPage Role In Military Rent Hikes
Senate Democrats are calling on the Department of Defense to open an investigation into property management software company RealPage, saying the company may be driving rent hikes for military families.
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February 05, 2025
Realty Co. Petitions High Court Over Copyright Fee Dispute
A Florida real estate broker that was sued for copyright infringement has asked the U.S. Supreme Court to review whether a defendant can recover attorney fees when a plaintiff voluntarily dismisses an action with prejudice.
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February 05, 2025
Seattle Garage Not Covered For Deadly Shooting, Insurer Says
An insurer said Wednesday that it does not owe the owners of Seattle's "sinking ship" public garage coverage in an underlying wrongful death lawsuit filed by the family of a man fatally shot while parking his car at the downtown facility.
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February 05, 2025
Judge Won't Pause Crowdfunding Case After Fraud Indictment
A target of the U.S. Securities and Exchange Commission's first crowdfunding enforcement action can't pause that three-year-old case to defend himself against unrelated charges that he ran a pump-and-dump scheme with a hallucinogenic mushroom company, a Michigan judge ruled Wednesday.
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February 05, 2025
RealPage Says Missing Market Power Dooms Antitrust Suit
RealPage Inc. is making another effort to dodge antitrust allegations after the government expanded its case to rope in half a dozen residential landlords, arguing the amended pleading still falls short of showing the property management software company has enough market power to influence rent prices.
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February 05, 2025
Nixon Peabody Taps Ex-Faegre Drinker Environmental Atty
Nixon Peabody LLP hired a former Faegre Drinker Biddle & Reath LLP environmental attorney for the firm's New York City office.
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February 05, 2025
'Pay-To-Pay' Fees Are Unfair Debt Practice, 11th Circ. Rules
The Eleventh Circuit said a mortgage servicing company illegally charged borrowers fees for online and phone payments, upholding a Florida federal court's decision that it improperly collected so-called pay-to-pay convenience fees that were not expressly allowed by underlying loan agreements.
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February 05, 2025
Alaska Sues In DC Over Tribe's Anchorage Gaming Hall
The state of Alaska is suing the U.S. Department of the Interior and an Alaska Native tribe in D.C. federal court, seeking to wipe out a series of agency decisions the state says upended jurisdictional authority over Alaska lands and authorized the tribe to operate a gaming hall in Anchorage.
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February 05, 2025
LA City Atty Says Rental Startup Price-Gouged During Fires
The Los Angeles City Attorney's Office on Tuesday accused furnished rental startup Blueground of illegally profiting from the destructive wildfires that broke out in Los Angeles last month, saying in a complaint filed in state court that Blueground jacked up rental prices, including in evacuation zones.
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February 05, 2025
Cuts To Medicaid Will Devastate Tribal Healthcare, Experts Say
As talks of big funding slashes to Medicaid loom among federal lawmakers, Indigenous communities say they will face devastating losses if any anticipated legislation passes, leading to cuts in Indian Country's healthcare workforce, a large gap in services for children and a rise in preventable illnesses.
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February 05, 2025
Insurers Sued Over $8M In Water Damage At Wash. Condos
Farmers and Western National have allegedly breached their property insurance policies by refusing to cover nearly $8 million in hidden water damage at two Seattle-area condominium complexes, according to separate complaints filed by the condo owners associations.
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February 05, 2025
Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court
Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.
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February 05, 2025
NJ Supreme Court Will Review Immigrant's Wage Case
The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.
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February 05, 2025
Real Estate Group Of The Year: Gibson Dunn
Gibson Dunn & Crutcher LLP advised on deals including Signature Bank's loan sale, two mega multifamily portfolio sales and the rise of an ultra-luxury tower in New York City in 2024, placing the firm among the 2024 Law360 Real Estate Groups of the Year.
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February 05, 2025
Proskauer Fights Another DQ Bid In NJ Hospital Antitrust Suit
A New Jersey federal magistrate judge was right to allow Proskauer Rose LLP to continue as counsel for RWJBarnabas Health Inc. since the firm's prior advice to CarePoint Health on its use of COVID-19 relief funds is unrelated to the antitrust lawsuit currently playing out between the two companies, according to the firm.
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February 05, 2025
As Adams Case Teeters, A DOJ 'Ideal' Hangs In The Balance
The public courtship between New York City Mayor Eric Adams and President Donald Trump is worrying some white collar legal experts, who say that Trump influencing the U.S. Department of Justice to drop Adams' corruption case would depart from over 40 years of policies aimed at keeping politics out of prosecutorial decisions.
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February 05, 2025
NY Mayor Adams Can't Get More Indictment Info, Judge Rules
A Manhattan federal judge denied a request from New York City Mayor Eric Adams to get more details about the government's bribery and corruption case against him, saying his indictment suffices for now.
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February 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
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February 04, 2025
Wells Fargo Clears 2 More Consent Orders Amid Rehab Efforts
The Federal Reserve said Tuesday that Wells Fargo & Co. has exited a pair of mortgage-related consent orders from more than a decade ago, another step forward in the banking giant's regulatory rehabilitation efforts.
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February 04, 2025
Calif. AG Backs Tribes In Bid To Protect Cultural Resources
California's attorney general has won his bid to intervene in a consolidated suit challenging a county's approvals for a roadside attraction proposed to be built along Highway 101, saying the county violated environmental standards and failed to consult with Native American tribes.
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February 04, 2025
Ex-NY Real Estate Atty Gets 4½ Years For $3.3M Client Con
A former New York City attorney on Tuesday was sentenced to over four years in prison, following his admission to stealing $3.3 million in client funds for purported real estate deals.
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February 04, 2025
Watchdog Says Site Selection For New FBI Building Flawed
A U.S. General Services Administration watchdog found that the GSA's contentious process for determining the site for a new FBI headquarters involved several flaws that made it difficult for site selection officials to accurately decide between proposed locations.
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February 04, 2025
Fed. Circ. Says Gov't Properly Ended USCIS Lease After Flood
The Federal Circuit ruled Tuesday that the federal government reasonably terminated a lease for a U.S. Citizenship and Immigration Services field office because of water damage, saying the lease allowed the government to determine when the office was untenantable.
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February 04, 2025
Norfolk Southern Hit With 'Toxic Nightmare' Derailment Suit
Hundreds of Ohio and Pennsylvania residents affected by the fallout of the Feb. 3, 2023, Norfolk Southern train derailment have accused the rail company, government agencies and several businesses of downplaying the ongoing harm of the incident, marking one of the latest lawsuits filed on or near the two-year milestone.
Expert Analysis
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
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.
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How Cos. Can Build A Strong In-House Pro Bono Program
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.
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Series
Home Canning Makes Me A Better Lawyer
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.
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Opinion
Rental Price-Fixing Suit Against RealPage Doesn't Add Up
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.
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Navigating FEMA Grant Program For Slope Fixes After Storms
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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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.