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Real Estate
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March 13, 2025
Smith Currie Hires Veteran Construction Atty To Fla. Office
Smith Currie Oles LLP has hired a former Siegfried Rivera construction litigation attorney as partner in the firm's Fort Lauderdale, Florida, office, the firm announced Wednesday.
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March 13, 2025
Mich. Justices Struggle With Line-Drawing For Rental Use
Michigan Supreme Court justices on Thursday said they were struggling with where to draw the line for when homes can be rented short-term as property owners along a Lake Michigan neighborhood urged the state's top court to reverse a lower court's decision that said a restrictive covenant barred all vacation rentals.
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March 13, 2025
Chaitman Wants NJ Malpractice Suit Axed For Delays
Chaitman LLP has asked a New Jersey state judge to dismiss a long-pending legal malpractice action stemming from real estate litigation, arguing its former clients who brought the suit have repeatedly failed to produce expert witnesses for depositions, "severely prejudicing the defendants."
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March 13, 2025
Insurers Must Cover Real Estate Cos. In False Claims Dispute
A pair of directors and officers insurers must provide coverage to real estate holding companies in an underlying False Claims Act whistleblower action, a Delaware Superior Court judge ruled, finding that a breach of contract exclusion does not bar coverage.
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March 13, 2025
RealPage Pushes Bid To Duck Antitrust Case In NC
RealPage and a group of landlords backed up a motion to shut down claims that the company's software helps fix rental prices brought by the U.S. Department of Justice and a group of states in North Carolina federal court.
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March 13, 2025
NY Bill Seeks Tax Break For Residential Green Infrastructure
New York state would provide a partial property tax abatement for owners of residential properties in New York City who undertake green infrastructure projects as part of a bill introduced in the state Senate.
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March 13, 2025
Builder Says Conn. Hilton Owner Owes $6M For $63M Project
A building contractor is taking the owner of a new Home2 Suites by Hilton hotel in Bristol, Connecticut, to court, claiming that what started as a $13 million project ballooned into a $63.4 million series of redesigns and changes in scope for which the hotel owner still owes $6 million.
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March 12, 2025
Insurance Pros Urge Calif. Lawmakers To Address Fire Risks
Insurance experts in a committee hearing that largely summed up concerns following the Los Angeles fires urged California lawmakers on Wednesday to address rising physical risks, smoke damage complaints, and regulations meant to expand coverage access.
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March 12, 2025
Ga. City Faces $35M Suit Over Recycling Plant Flip-Flop
An Atlanta-based concrete recycling business has sued the city of Stonecrest, Georgia, its mayor and city council members in federal court Tuesday for $35 million, alleging political flip-flopping by officials is costing it and a landowner approximately $640,000 per month while its facility sits idle.
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March 12, 2025
Real Estate Co. Says Commission Inflation Suit Is Untimely
Arguing that the case is time-barred, one of the biggest real estate firms in the Northeast says a Connecticut judge should toss a retooled class action accusing company officials of joining trade groups to press for industry rules that boosted their bottom line.
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March 12, 2025
HUD Rejects NC City's DEI-Incorporating Disaster Relief Plan
The U.S. Department of Housing and Urban Development said it rejected a draft plan submitted by Asheville, North Carolina, outlining how the city would distribute $225 million in federal relief funds for hurricane recovery due to the plan's incorporation of "DEI criteria."
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March 12, 2025
Pa. Coal Co. Auction Gets 2-Week Pause After Value Spike
A Pennsylvania bankruptcy judge has agreed to allow a pause in the auction of bankrupt Corsa Coal Corp.'s assets after hearing from lawyers in the Chapter 11 case that the machinery, equipment and real estate being sold has recently been appraised for more than the current bids.
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March 12, 2025
Comcast Fights CEO Deposition Order In Easement Spat
Comcast has told a Washington state judge that an order requiring CEO Brian Roberts to sit for a deposition in an easement dispute with a local landowner could expose him to a series of similar requests in the hundreds of lawsuits naming the telecommunications giant each year.
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March 12, 2025
Feds Launch 1st FEMA Fraud Charges Over LA Wildfires
Federal prosecutors in Los Angeles announced Wednesday that three people have been arrested for allegedly submitting fake disaster relief applications to the Federal Emergency Management Agency in the wake of the Palisades and Eaton fires, the first such charges to come out of the devastating January blazes.
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March 12, 2025
Property Tax Can Fund Retired Cops' Insurance, Panel Says
A Michigan state appeals court on Tuesday said property taxes imposed by four municipalities to cover the cost of health insurance for retired firefighters and police officers are not illegal, finding a law established before a constitutional amendment barring new taxes without a public vote allowed taxation for broad retirement benefits.
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March 12, 2025
Nelson Mullins Real Estate Ace Joins Kutak Rock In Fla.
A former Nelson Mullins Riley & Scarborough LLP partner who has helped close more than $1 billion in real estate transactions in just the past two years has moved her practice to Kutak Rock LLP's Tallahassee, Florida, office.
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March 12, 2025
Sherin And Lodgen Adds New Boston Real Estate Partner
Boston law firm Sherin and Lodgen LLP has hired an experienced commercial real estate attorney as a new partner for its real estate team, the firm announced.
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March 12, 2025
ND Lawmakers OK Recommending Tribal Land Taxation Study
North Dakota would direct state lawmakers to consider studying issues related to the taxation of land owned by enrolled tribal members who reside on Native American reservations under a bill passed by the state Legislative Assembly and headed to the governor.
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March 12, 2025
Atty Wants Early Win In NJ Malpractice Suit Over Land Dispute
New Jersey sisters who sued Fox Rothschild and a firm attorney over the handling of their late stepfather's estate lack standing to bring their claims, the lawyer argued in a motion for summary judgment, also telling the trial court that the plaintiffs were decades late in filing.
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March 11, 2025
Art Loft Building's Toxicity Was Disclosed, Expert Testifies
A defense toxicologist told a Los Angeles jury Tuesday that residents in a large live-work art building received warning of carcinogenic chemicals in the soil underneath, supporting a real estate company's argument that the statute of limitations blocks the claims.
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March 11, 2025
NY AG Claims Fla. Woman Stole Housing Corp.'s Rent Money
A Florida woman stole hundreds of thousands of dollars worth of rent from a "low-income cooperative corporation" that owns a residential building in Brooklyn's Williamsburg neighborhood, the Office of the New York State Attorney General alleged on Tuesday.
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March 11, 2025
Feds Push Back On Enviro Orgs., Tribes In Yellowstone Bison Case
The Interior Department is asking a federal court to reconsider orders that allowed environmental groups to intervene and add two more federal agencies as necessary parties to a challenge over the management of the bison population in Yellowstone National Park, arguing the move is an attempt to hijack the litigation.
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March 11, 2025
Property Co. Says Insurer Must Pay $10M For Judgment
The insurer for builders of a luxury mixed-use development in Oakland, California, must cover more than $10 million after a judgment was entered against the entities in an underlying suit brought by a property company asserting negligence and trespass claims, according to a complaint removed to federal court Tuesday.
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March 11, 2025
Judge Questions Authority To Pay Giuliani's Ch. 11 Bill
A New York bankruptcy judge questioned Tuesday whether he could order former New York City Mayor Rudy Giuliani to sell off real estate to cover claims against his Chapter 11 estate, saying an order dismissing his bankruptcy case included assumptions that didn't come to fruition.
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March 11, 2025
Zillow Investors Urge 9th Circ. To Uphold Class Certification
A class of Zillow Group Inc. investors told the Ninth Circuit to reject the property listing company's bid to overturn the class certification of their suit accusing the company of making misleading statements about its home-flipping program and causing stock prices to drop.
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.