Real Estate

  • January 31, 2025

    Owners Appeal Docs Order In Yale's $435M Hospital Sale Fight

    Three companies that own property occupied by bankrupt Prospect Medical Holdings Inc. hospitals in Connecticut have appealed a state trial court judge's order to provide documents to Yale New Haven Health in a fight over a $435 million purchase agreement.

  • January 31, 2025

    Judge Grants Fraud Retrial After Witness 'Forgot to Shut Up'

    A Florida federal judge ordered a new trial in an insurance fraud case against the former medical director of a West Palm Beach sober living home, saying his 2022 conviction was tainted when the government's star witness "forgot to shut up" during testimony plagued with lies.

  • January 31, 2025

    Trump Funding Freeze Blocked As Court Doubts Reversal

    A Rhode Island federal judge on Friday issued a temporary restraining order barring the Trump administration from freezing spending on federal grant and aid programs, calling the move illegal and saying the issue was not mooted by a White House memo claiming the directive had been rescinded.

  • January 31, 2025

    Jury Instructions Tainted Ex-State's Atty's Trial, 4th Circ. Hears

    A Fourth Circuit decision from 1938 took center stage Friday as a seemingly divided appellate panel debated whether a jury that found former Baltimore State's Attorney Marilyn Mosby guilty of mortgage fraud had been improperly instructed on where the crime occurred.

  • January 31, 2025

    NJ Event Venue Hits Ch. 11 After $11M Loan Foreclosure

    A New Jersey event venue under construction called The Chariot has filed for Chapter 11 protection in New Jersey after its bank took foreclosure action on its $11 million loan, with the business' co-owner saying the debtor launched the insolvency proceedings to get some "breathing room" as it works toward opening the sprawling restaurant and catering space.

  • January 31, 2025

    NJ Firm Blasts Pier Investment Suit As 'Shameless Fiction'

    Hankin Sandman Palladino Weintrob & Bell has urged a New Jersey federal court to toss a Garden State couple's legal malpractice lawsuit over their investment in an Atlantic City Boardwalk amusement park, arguing that their claims are barred by the state's entire controversy doctrine and are "premised on knowing falsities and fail on the merits."

  • January 31, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen another claim by Woodford investors against Hargreaves Lansdown in the widening £200 million ($248 million) dispute over the fund's collapse, a solicitor barred for his role in a suspected advance fee fraud face action by a Swiss wholesaler, and The Resort Group, which markets investments in luxury hotel resorts, hit with a claim by a group of investors. Here, Law360 looks at these and other new claims in the U.K.

  • January 30, 2025

    Hotel Guests Get Backing For Algorithmic Pricing Suit

    Hotel guests accusing a group of Atlantic City properties of using shared software to fix room rates are getting a helping hand in their Third Circuit fight to revive their suit from antimonopoly interest groups, who filed in separate amicus briefs in support of their effort this week.

  • January 30, 2025

    Buddhist Temple Urges Halt To Army Corps' Everglades Plan

    A Buddhist temple on Thursday urged a Florida federal court to temporarily halt a U.S. Army Corps of Engineers' restoration project in the Everglades set to begin next week, saying the impacts of construction will deter visitors to the temple and disrupt its First Amendment right to religious freedom.

  • January 30, 2025

    Colo. Panel Says Atty Errors May Sink Contempt Sanctions

    In a precedential ruling Thursday, a Colorado Court of Appeals panel determined that a party facing a contempt sanction may bring a motion to reconsider premised on challenging the effectiveness of their legal representation.

  • January 30, 2025

    Tribe's Alaskan Burial Site Dispute Paused During Talks

    An Alaska federal court has agreed to pause a tribe's suit against state entities and the Federal Aviation Administration over excavations of archaeological artifacts and ancestral remains found during construction of an airport runway as the parties talk about resolving the dispute without further litigation.

  • January 30, 2025

    Historic Soda Co. Says Ex-Officer's Lease Suit Is 'Revenge'

    Foxon Park Beverages Inc., a century-old soft drink maker in Connecticut, has asked a state court judge to dismiss a lawsuit alleging that it entered into an unfair lease agreement with another company owned by the same family, arguing that the entities' former president brought it for an improper purpose.

  • January 30, 2025

    Agency In NJ Town Loses Retrial Bid In $26M Land-Taking Fight

    A New Jersey federal judge has denied a redevelopment agency's bid for a new trial in a land-taking battle after a jury determined it should pay $25.6 million for a 22-acre former Michelin Tire & Rubber Co. factory, ruling that it failed to meet the high bar set to overturn a verdict.

  • January 30, 2025

    Ex-FDNY Official Cops To Fire Inspection Bribe Scheme

    A former chief of the New York City Fire Department's Bureau of Fire Prevention pled guilty in a case alleging he took bribes from a former firefighter in exchange for expediting fire inspections and plan reviews.

  • January 30, 2025

    Croatia Fends Off 2nd Claim Over Luxury Golf Resort

    Croatia has prevailed in a second claim initiated by an Israeli investor in a proposed development of luxury villas, hotels and golf courses after an international tribunal ruled Wednesday that the case repeated previously rejected claims, the country's counsel said.

  • January 30, 2025

    Crypto Cos. Seek $6.3M From Travelers Over Building Fire

    A pair of cryptocurrency mining companies accused two Travelers units of exacerbating their fire loss, telling a Michigan federal court that they negligently allowed individuals to steal their mining machines and hired a debris removal contractor that caused the property to collapse, seeking more than $6.3 million in damages.

  • January 30, 2025

    MoFo Guides Welltower's $900M Senior Living REIT Deal

    Healthcare real estate investment trust Welltower Inc. plans to acquire NorthStar Healthcare Income Inc., a senior living facility REIT, in a $900 million deal led by Morrison Foerster LLP.

  • January 30, 2025

    Fla. Firm's $1M Loan Dispute Returns To NJ State Court

    A New Jersey federal judge has remanded a suit accusing a Florida firm and a lender of fraudulently inducing an investor to make a down payment of more than $1 million on a loan that never materialized, according to a Thursday court order.

  • January 30, 2025

    NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund

    In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.

  • January 30, 2025

    Muscogee Nation Sues Oklahoma DAs In Sovereignty Dispute

    The Muscogee (Creek) Nation has filed a pair of lawsuits against Oklahoma District Attorneys Carol Iski and Matthew Ballard, accusing them of illegally prosecuting Native Americans for conduct committed on tribal lands despite the Supreme Court's 2020 McGirt ruling, days after the Cherokee, Chickasaw and Choctaw nations moved to intervene in similar U.S. government complaints.

  • January 30, 2025

    Broker Sues Builder After Condo Plan Ditched For Apartments

    A brokerage contracted to market condominiums in Denver says a developer is refusing to pay commission and other costs after deciding to convert the project into an apartment complex, according to a lawsuit filed in Colorado state court.

  • January 30, 2025

    Gov't Urges High Court To OK 2nd 'Buffalo Billion' Trial

    The federal government asked the U.S. Supreme Court to clear the way for a second trial in a public corruption case tied to former New York Gov. Andrew Cuomo's "Buffalo Billion" development initiative, saying prosecutors should be allowed to pursue charges under a different theory after the justices undid the original convictions.

  • January 29, 2025

    SEC Says PE Firm Defrauded Investors In $1B Fund

    The U.S. Securities and Exchange Commission sued a private equity firm in Florida federal court Wednesday, alleging that it defrauded investors in a $1 billion fund by, among other things, falsely promising to segregate their assets and by transferring tens of millions of dollars into bank accounts held by the fund's leading executives.

  • January 29, 2025

    $17M Punitive Award Reversed In Miami Hotel's Noise Suit

    A Florida state appeals court on Wednesday upheld sanctions against the owner of two Miami Beach hotels for committing fraud on the court in a commercial landlord-tenant dispute, but the court threw out a $17.4 million punitive damages award and ordered a new trial on that issue.

  • January 29, 2025

    Senate Banking Committee Forms NFIP Working Group

    With the National Flood Insurance Program's authorization set to expire in March, the U.S. Senate Committee on Banking has formed a working group to reform the program and work toward long-term reauthorization, a press release from committee chairman and South Carolina Republican Sen. Tim Scott said.

Expert Analysis

  • A Checklist For Lenders Preparing For CRE Loan Defaults

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    Considering the recent interest rate environment, lenders should brush up on the proper steps that they should take when preparing to respond to a borrower's default on a commercial real estate loan, and borrowers should understand what lenders will be reviewing, says attorney Norma Williams.

  • 7th Circ Joins Trend Of No CGL Coverage For Structural Flaws

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    The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.

  • Series

    In The CFPB Playbook: Making Good On Bold Promises

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    The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • FBI Raid Signals Growing Criminal Enforcement Of Algorithms

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    The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.

  • State Licensing Pitfalls Mortgage Servicers Must Beware

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    A recent enforcement action from the Washington Department of Financial Institutions demonstrates how subtle distinctions in state mortgage servicer licensing laws may come as a surprise to some companies, even if they never directly receive payments or interact with borrowers, says Clayton Swears at Hudson Cook.

  • Keys To Strong Parking, Storage Contracts For NYC Buildings

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    Drafting and enforcing unambiguous parking and storage unit license agreements are essential tasks for co-op and condo boards in New York City, with recent cases highlighting how prudent terms can minimize potential headaches, say Matthew Eiben and Adam Lindenbaum at Rosenberg & Estis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • What Fla. Ruling Means For Insurer Managed Repair Programs

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    A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.

  • Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry

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    As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Opportunities For Change In FHFA Practices

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    The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.

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