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Real Estate
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December 13, 2024
Fight Over $40M Discount For Boston Casino Headed To Trial
A Massachusetts judge declined to toss allegations that Wynn Resorts lied to a landowner to secure a $40 million discount on real estate where the company built the Encore Boston Harbor casino, teeing up a bench trial in the case.
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December 12, 2024
Pawnbroker Pleads Guilty To Bribing Ex-Newark Deputy Mayor
A Garden State pawnbroker and jeweler admitted in New Jersey federal court Thursday that he took part in a bribery scheme to influence a former Newark official regarding the acquisition and redevelopment of city-owned properties.
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December 12, 2024
Ch. 7 Trustee Must Explain $200M Holdback Bid, Court Told
The owner of two bankrupt real estate companies has asked a Connecticut state court for permission to question the Chapter 7 trustee who wants a $200 million placeholder in connection with a shareholder's derivative claims, arguing the trustee must detail his allegations of the owner diverting millions to other business interests.
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December 12, 2024
Mich. Judge Hesitant To Rule On $217M Dam Repair Tax
A Michigan federal judge sounded reluctant Thursday to make a decision about whether a $217 million dam repair tax assessment violated homeowners' constitutional rights before a state appellate panel rules on the homeowners' challenge to the assessment in a parallel case over properties affected by flooding from the 2020 Edenville Dam collapse.
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December 12, 2024
11th Circ. Won't Rehear Guatemala Power Plant Fight
The Eleventh Circuit will not reconsider its decision refusing to vacate an arbitral award issued following an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.
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December 12, 2024
Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases
A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.
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December 12, 2024
NY Judge Bars Pot Regulator From Processing Retail Apps
A New York state judge Thursday ordered cannabis regulators to stop processing applications submitted by would-be marijuana sellers who did not secure a location for their proposed pot shop before November of last year, leaving hundreds of prospective retailers in limbo.
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December 12, 2024
Insurer Owes Defense In Faulty Landscaping Row, Court Told
A contractor facing claims it did faulty irrigation and landscaping work told a Florida federal court that its commercial general liability insurer must defend it, saying while the insurer declined additional insured coverage to the underlying claimant, it still hasn't communicated a coverage position with the contractor.
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December 12, 2024
Cannabis Shops Ask DC Judge To Halt Store Shutdowns
A coalition of Washington, D.C.-based recreational marijuana shops is asking a D.C. federal judge to put a stop to district regulators' enforcement actions against their stores, saying the businesses face "imminent destruction" absent an injunction.
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December 12, 2024
DOI Plan Would Protect NM Land From New Mining Claims
U.S. Secretary of the Interior Deb Haaland on Thursday initiated a two-year segregation period to temporarily withdraw 165,000 acres of public lands in New Mexico from new mining claims and the issuance of new federal mineral leases.
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December 12, 2024
NY Courts Defy Watchdog, Won't Release Judicial Ethics Data
Counsel for the New York State Unified Court System told the state transparency watchdog Wednesday it has no obligation to release judges' and court officials' financial disclosure data under public records law.
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December 12, 2024
Saul Ewing Named In Wage Class Reps' Hidden-Asset Suit
A Pittsburgh-based home health care company and its counsel from Saul Ewing LLP are improperly shuffling assets in order to avoid paying future judgments, according to a lawsuit by representatives of a proposed wage class seeking $12.2 million.
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December 12, 2024
Blackstone Buying Tokyo Mixed-Use Building For $2.6B
Blackstone said Thursday it has agreed to acquire a 2.4 million-square-foot mixed-use office building in central Tokyo from affiliates of Japanese hotel and railway group Seibu Holdings for $2.6 billion, in what the private equity giant called the largest-ever real estate investment by a foreign investor in Japan.
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December 11, 2024
Ex-Rep. TJ Cox Reaches Plea Deal On Fraud Charges
Former U.S. Rep. T.J. Cox reached a deal with California federal prosecutors and agreed to plead guilty to two charges and pay up to a $3.5 million fine over allegations he stole from his companies and took illegal campaign contributions, according to a plea agreement filed Wednesday.
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December 11, 2024
Suit Says Plastic Bag Maker Owes $3M For Property Damage
An Illinois property owner said Bio Star Films, a maker of plastic shopping bags, must pay over $3 million for repairs to five industrial buildings it leased in Chicago for recycling and plastic manufacturing, according to a lawsuit filed in state court.
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December 11, 2024
Justices Question Affiliates' Liability In $47M TM Judgment
The U.S. Supreme Court on Wednesday questioned why lower courts ordered affiliates of a real estate company to pay a $47 million trademark infringement judgment against it when they were not defendants, with Justice Clarence Thomas asking counsel for the prevailing party why they did not include the affiliates in the case.
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December 11, 2024
DOJ Tells Justices To Preserve Antitrust Probe Into NAR
The U.S. Department of Justice told the U.S. Supreme Court that it made no commitment not to reopen its investigation into the National Association of Realtors as part of its 2020 consent decree with the company, urging the justices to reject the association's bid for a day before the high court.
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December 11, 2024
LA Fitness Fights To End DOJ's Gym Accessibility Suit
LA Fitness urged a California federal judge to toss the U.S. Department of Justice's civil enforcement lawsuit alleging the gym chain failed to accommodate patrons with disabilities at its nearly 700 locations across the country, arguing the lawsuit relies on "isolated" incidents and doesn't show "a pattern and practice."
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December 11, 2024
Black Realtor, Client Cuffed During House Showing Can Sue
The Sixth Circuit has partially reinstated a lawsuit filed by a Black real estate agent and his client who were arrested while touring a Michigan house for sale after a neighbor called the police, reviving an unlawful detention claim against one of the officers.
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December 11, 2024
Akerman Can't Escape Malpractice Suit Over Lease Dispute
Akerman LLP has lost its jurisdictional challenge to a lawsuit alleging it owes a seafood restaurant chain over $1 million for giving bad advice during a lease dispute in Florida, with a Texas appeals court ruling the malpractice claims stem from work the firm solicited within the Lone Star State.
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December 11, 2024
Yellow Corp. Seeks OK For $192.5M Truck Terminal Sales
Trucking group Yellow Corp. has asked a Delaware bankruptcy judge to sign off on sales of 12 owned and leased truck terminals that would bring some $192.5 million into its Chapter 11 estate.
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December 11, 2024
Ariz. Ending Local Taxes On Long-Term Residential Rentals
Long-term rentals of residential property in Arizona will no longer be subject to local taxes or fees after Jan. 1 under recent legislation, the state Department of Revenue said Wednesday.
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December 11, 2024
Judge Orders Home Sale To Pay Down $1.7M Tax Debt
A California federal judge ordered the private sale of a deceased couple's home to pay down a $700,000 tax bill that has been accruing interest for 20 years and now stands at roughly $1.7 million.
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December 10, 2024
Property Manager At Center Of Gang Claims Sues Colo. AG
A property management company caught up in a national controversy following allegations a Venezuelan gang had taken over some of its buildings in Aurora, Colorado, is suing the state to block probes by the state's attorney general into the company's management of its properties.
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December 10, 2024
NC Law Firm, Insurer Drop Phishing Coverage Row
A law firm specializing in real estate transactions and its cyber insurer told a North Carolina federal court Tuesday they've agreed to settle their dispute over coverage for a phishing scam the firm said caused it to unwittingly wire roughly $647,000 to the hacker's bank account.
Expert Analysis
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Ohio Tax Talk: The Legislative Push For Property Tax Relief
As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Series
In The CFPB Playbook: Regulatory Aims Get High Court Assist
Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Tips For Advising CRE Owners Affected By Houston Storms
As Houston residents begin the arduous process of recovery after this month's devastating storms, attorneys should guide commercial real estate owners and managers toward immediate action under their insurance coverage to facilitate restoration and a return to normalcy, says Justin Ratley at Munsch Hardt.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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What's New In Kentucky's Financial Services Overhaul
Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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How Real Estate Cos. Can Protect Their IP In The Metaverse
The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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A Comparison Of FDIC, OCC Proposed Merger Approaches
Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.