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Real Estate
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March 06, 2025
Insurer's 9th Circ. Procedural Win Highlights Appraisal Rules
A Ninth Circuit panel affirmed that a property owner could not litigate its insurer's failure to pay for losses before a required appraisal to resolve disagreements, highlighting the importance of appraisal provisions and how they could limit potential policyholder challenges. Here, Law360 speaks to Colin Kemp, an insurance recovery attorney for Pillsbury Winthrop Shaw Pittman LLP, about Mount Vernon Specialty Insurance Co.'s procedural victory and its implications for coverage challenges.
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March 06, 2025
Tribal Water Rights Bills Advance To US Senate Floor
A slew of tribal water rights settlement bills are heading to the U.S. Senate for review, and, if approved, they will allow for the completion of multimillion-dollar infrastructure projects, sustainable management and the delivery of drinking water to several Indigenous communities.
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March 06, 2025
Wyoming Creates Partial Property Tax Break For Homeowners
Wyoming established a tax exemption for a portion of homeowners' properties under a bill signed by the governor.
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March 06, 2025
Kroenke Seeks Denver Special District For Ball Arena Plan
Billionaire Stan Kroenke has filed petitions in state court to establish a special district as part of a plan to develop 64 acres of parking lots near Denver's Ball Arena into a $685 million development that would aim to build a new downtown neighborhood through 2050.
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March 06, 2025
NJ Developer, Conn. Atty Settle Suit Over Alleged $1.4M Scam
A New Jersey real estate developer and Connecticut attorney Carole W. Briggs have settled a federal lawsuit that accused the lawyer and an associate of pulling off a business email compromise scam that caused more than $1.4 million in losses, court records show.
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March 06, 2025
Mich. Supreme Court Preview: Sex Offender Tracking, Rentals
The Michigan Supreme Court is gearing up to hear arguments next week on the constitutionality of making sex offenders wear location-tracking devices for life, whether short-term vacation rentals fit into the definition of residential use of a property and whether political parties have standing to sue when a community's election workers are overwhelmingly from the same political party.
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March 06, 2025
Insurance Mogul Can Pursue $8.2M Battle Over NC Office Park
Convicted insurance mogul Greg Lindberg and his company Global Growth Holdings Inc. will have another shot at counterclaims in an unpaid rent lawsuit against another company once owned by Lindberg, a North Carolina state appeals court ruled Wednesday.
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March 06, 2025
Bove May Sidestep Discipline In Adams Scandal, Experts Say
Ethics complaints piling up against acting Deputy Attorney General Emil Bove over his efforts to drop the corruption case against New York City Mayor Eric Adams could result in disciplinary action at the state level, but it's highly unlikely that he'll face any consequences from the U.S. Department of Justice and its office charged with investigating attorney misconduct, experts say.
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March 06, 2025
Ga. Attys Fight Bid To 'Hijack' $44M Realtor Settlement
Attorneys hoping to finalize a $44 million class action settlement in Georgia with four real estate brokerages urged a federal judge Thursday to reject a bid to "hijack" their litigation by the lawyers behind the series of landmark settlements with the National Association of Realtors and various brokerages over their fee inflation practices.
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March 06, 2025
Pot Co. Sues Mich. City Over 'Unlawful' Licensing Decision
A would-be dispensary sued the city of Auburn Hills, Michigan, in federal court on Thursday, alleging that the city disregarded its own voter-approved adult-use licensing ordinance when it approved four licenses last year.
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March 06, 2025
Minn. Couple Can't Claim $105K Deduction, High Court Affirms
A Minnesota couple were properly assessed an outstanding income tax liability and disallowed a business loss deduction by the state tax court, the Minnesota Supreme Court ruled.
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March 06, 2025
The Antitrust Litigation Surrounding NAR's Industry Rules
A year and a half after a Missouri federal jury found that the National Association of Realtors inflated fees for home sellers, the Eighth Circuit is evaluating a series of settlements in wake of the decision while the Justice Department pursues its own antitrust investigation with a court's blessing.
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March 06, 2025
Everton Football Club Lands £350M In Stadium Financing
Business conglomerate The Friedkin Group completed a £350 million ($451 million) deal that will refinance what was borrowed to complete its 52,888-seat stadium for its Everton Football Club in Liverpool, United Kingdom, the team announced Thursday.
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March 06, 2025
NJ Atty Seeks Exit From Developer Suit Over Escrow Cashout
A New Jersey attorney who served as agent on an escrow agreement asked to escape a developer's lawsuit that came after a venture capital firm failed to produce a $6 million loan to build a luxury hotel in Taos, New Mexico.
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March 06, 2025
IRS Can't Defend Slashing Of Easement Value, 11th Circ. Told
Conservation easement donors whose charitable tax deduction was reduced by millions of dollars by the U.S. Tax Court criticized the Internal Revenue Service's defense of the decision, telling the Eleventh Circuit the ruling ignored copious evidence of the property's value underlying the donation's worth.
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March 06, 2025
New York Real Estate Cos. Seek Ch. 11 Protection
Two real estate companies facing foreclosure litigation sought bankruptcy protection in New York each listing at least $10 million in debt.
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March 06, 2025
Senate Panel Backs McKernan For CFPB, 3 Other Trump Picks
A U.S. Senate panel on Thursday advanced President Donald Trump's nomination of Jonathan McKernan to head the Consumer Financial Protection Bureau, setting him up for likely confirmation to the beleaguered agency.
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March 05, 2025
DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit
The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.
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March 05, 2025
Wash. Justices Won't Take Up Pemco's Fire Coverage Appeal
The Washington Supreme Court won't review a lower court's ruling that Pemco Mutual Insurance Co. must cover a woman's claim for fire damage to her former home after she was assaulted and set ablaze there by her ex-husband.
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March 05, 2025
Los Angeles County Sues SoCal Edison Over Eaton Fire
Los Angeles County joined the many dozens suing Southern California Edison over the devastating Eaton Fire on Wednesday, as the most populous county in the United States alleges in its lawsuit that the utility's faulty equipment caused the destructive blaze.
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March 05, 2025
Claimed Church Leader Ruled To Owe $1.3M In Taxes
A claimed church leader owes $1.3 million in tax debt after he was caught selling tax avoidance schemes, a Washington federal judge ruled Wednesday, rejecting his request for more time to mount a challenge and describing him as uncooperative.
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March 05, 2025
Black Colo. Homeowner Joins DOJ's Race Bias Refi Suit
A Denver homeowner joined the federal government in its suit accusing Rocket Mortgage LLC and other parties in Colorado federal court of deliberately undervaluing her home because she's a Black woman.
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March 05, 2025
Construction Co. Not Covered For $11M Verdict, Insurer Says
A construction company isn't entitled to coverage for an $11 million jury verdict against it in an underlying personal injury suit because the builder's policy excludes coverage for residential construction activities, an insurer told a Texas federal court.
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March 05, 2025
GSA Publishes, Then Pulls List Of Properties It Could Dispose
The U.S. General Services Administration on Wednesday removed a list of 440 properties that it considered inessential and said warranted disposal — including several courthouses and buildings used as headquarters for various agencies — the day after announcing it had identified them as "non-core assets."
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March 05, 2025
Willkie Farr Partner Gets $23K Fee In Suit Over Media Tip
A Willkie Farr & Gallagher LLP partner has won the bulk of a $27,420 bid to recoup personal attorney fees after prevailing in a First Amendment feud with his former landlord's lawyer over a media leak, with a judge clipping just $3,550 for lack of a novel legal issue.
Expert Analysis
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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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.