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Real Estate
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April 11, 2025
Adler & Stachenfeld Hires Ex-Developer Counsel As Partner
New York real estate firm Adler & Stachenfeld LLP announced Friday that commercial real estate attorney Ryan McCaffrey will join the firm as a partner after most recently serving as in-house counsel for a developer for more than a decade.
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April 11, 2025
Landlords Look To Exit DOJ's RealPage Antitrust Case
The residential building owners accused by federal and state enforcers of violating antitrust law through their use of RealPage's software to set rental prices told a North Carolina federal court it's not against the law for companies to use the same software.
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April 11, 2025
Texas Justices Uphold City's Wastewater Release Permit
A Central Texas city can move forward with its treated wastewater discharge operations, the Texas Supreme Court ruled Friday, rejecting a challenge to an environmental permit that was based on an increase in dissolved oxygen in a nearby stream.
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April 11, 2025
Outlet Chain Says NC Court Ruling Allows COVID Coverage
A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.
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April 11, 2025
Another Calif. Tribe Files Suit Over $700M Casino Project
A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.
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April 11, 2025
Judge Won't Exit Broker Fee Case Over Donations To Wife
A Missouri federal judge said a real estate firm's bid to boot him from a class action over commission fees may have been driven more by litigation strategy than ethical concerns over campaign contributions made by opposing counsel to his wife, a Kansas City councilwoman.
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April 11, 2025
Buchalter Hires Ex-Axiom Advice & Counsel Managing Partner
Buchalter PC announced Friday the hiring of a former managing partner from Arizona law firm Axiom Advice & Counsel as a shareholder for Buchalter's real estate practice group in Scottsdale.
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April 11, 2025
Mich. Top Court Won't Hear Appeal Of $217M Dam Repair Tax
The Michigan Supreme Court on Friday said it wouldn't hear an appeal from a host of homeowners challenging a $217 million special assessment to fund the repair of dams and restoration of lakes after 2020 floods that devastated mid-Michigan counties.
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April 11, 2025
Developer, Hedge Fund Settle Colo. Housing Project Dispute
A Colorado state judge permanently dismissed a real estate developer's suit alleging a hedge fund owner owed hundreds of thousands of dollars related to a Denver commercial housing project and misused grant funds, after the parties reached a settlement.
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April 10, 2025
Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says
California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.
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April 10, 2025
Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says
A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.
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April 10, 2025
Receiver Sought For Denver Work Space After $60M Default
A trustee is seeking to place a Denver coworking space in receivership after its owner defaulted on a $60 million loan and failed to pay operating expenses and a property manager, according to a filing in Colorado state court.
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April 10, 2025
Groups Urge Protections For Native Monuments Amid Threats
The National Congress of American Indians is urging U.S. House members and the Trump administration to refrain from weakening protections on national monuments, saying recent executive orders and funding freezes threaten the inherent rights of Indigenous nations to steward and protect their ancestral lands for future generations.
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April 10, 2025
Arbitration Stands In La. Condo's Hurricane Damage Case
A Louisiana federal judge has refused to reconsider his order compelling arbitration of a $4.9 million insurance claim over Hurricane Ida damage to a New Orleans condominium complex in light of new guidance from the state's top court.
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April 10, 2025
Whole Foods Sues CBL, Transformco Over Asbestos In Store
Whole Foods Market Group Inc. is suing entities connected to real estate investment trust CBL Properties and retail company Transformco for more than $1 million, alleging that the companies are liable for an "ill-fated and injurious" redevelopment project that created asbestos in a North Carolina Whole Foods store.
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April 10, 2025
Alaska Asks DC Judge To Halt Tribe's Gaming Hall
The state of Alaska is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the state challenges federal authorization for the facility, arguing that intervention is needed to preserve "the status quo that has existed in Alaska for more than 30 years."
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April 10, 2025
Conn. Justices Seem Open To Redo Of Atty's Scam Damages
Justices of the Connecticut Supreme Court appeared sympathetic Thursday to an attorney's argument that they should boost the damages he won against scammers in an identity theft case, and asked probing questions about how the $450,000 award was calculated, then recalculated, in two lower courts.
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April 10, 2025
Ready Capital Brass Face Suit Over Real Estate Loan Losses
Executives and directors of real estate finance company Ready Capital Corp. were hit with a shareholder derivative suit alleging they failed to disclose that the company's nonperforming commercial real estate loans were damaging its bottom line and would force it to take "aggressive action" to preserve its finances.
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April 10, 2025
NJ Panel Tosses Mall Owner's Bid To Spike Mixed-Use Project
A New Jersey appeals panel rejected a Newark shopping center owner's attempt to compel a builder to construct a parking garage instead of a mixed-use project on an adjacent property by citing a 2004 city plan.
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April 10, 2025
Del. Justices Urged To Revive Gellert Seitz Malpractice Case
A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.
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April 10, 2025
Rocket Mortgage Says Feds Can't Scuttle Appraisal Suit
Rocket Mortgage LLC is fighting back against the U.S. Department of Housing and Urban Development's bid to dismiss the mortgage lender's suit, arguing in Colorado federal court that HUD is unlawfully forcing the company to change a residential appraisal that was allegedly discriminatory.
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April 10, 2025
Sidley Snaps Up Cadwalader Real Estate Finance Team
Sidley Austin LLP recruited a team of real estate finance attorneys from Cadwalader Wickersham & Taft LLP, including the co-head of the firm's real estate financing group and three other partners, Law360 Real Estate Authority has learned.
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April 10, 2025
Blackstone Bolsters Warehouse Portfolio In $718M Texas Buy
Blackstone on Thursday announced it has agreed to buy a 6 million-square-foot portfolio of warehouse buildings in Dallas and Houston from Crow Holdings for $718 million in a bet on logistics during a time of market upheaval.
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April 09, 2025
Fla. Investigator Sued Over Tossed Insurance Fraud Cases
A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution.
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April 09, 2025
Tribe Warns High Court Of Dire Impact If Land Trust Bid Fails
A Michigan tribe seeking to undo an order denying its bid to compel the federal government to take 73 acres into trust for a casino venture outside of Detroit says a Supreme Court rejection of its petition will have disastrous consequences for its members and other similarly situated tribes.
Expert Analysis
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Year Of The Snake Will Shake Up RE And Mortgage Finance
The year ahead may bring profound transformation and opportunities for growth in the real estate and mortgage finance sectors, with significant issues including policy battles and questions surrounding the future of Fannie Mae and Freddie Mac, says Marty Green at Polunsky Beitel.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit
The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.
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How Trump EPA Could Fix Carbon Combustion Residuals Rule
The Trump administration is likely targeting the recently adopted carbon combustion residual rule, especially since it imposes very stringent, detailed and expedited requirements on coal power plants — but even if the rule is not vacated entirely, there are measures that could greatly reduce its regulatory burden, says Stephen Jones at Post & Schell.
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CFPB Small Biz Study Brings Fair Lending Considerations
The Consumer Financial Protection Bureau's recent report highlighting potential racial discrimination in small business lending may not result in more aggressive enforcement under the Trump administration — but lenders can expect state regulators, private plaintiffs and advocacy groups to step up their own efforts, say attorneys at Husch Blackwell.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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Virginia AI Bills Could Serve As Nationwide Model
If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.