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Real Estate
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November 22, 2024
DC RealPage Antitrust Suit Will Get New Judge In 2025
The District of Columbia's case accusing a slew of landlords of using property management platform RealPage to fix the price of rentals is proceeding on schedule, but the judge who has been overseeing the case is going to be handing the matter off to another at the end of the year.
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November 22, 2024
AG Doesn't Rep NJ Housing Group's Interests, Court Told
A nonprofit housing advocacy organization argued in New Jersey state court Friday that it should be allowed to intervene in a constitutional challenge to the state's new affordable housing obligations framework, contending that it represents parties that are not adequately represented by Attorney General Matt Platkin.
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November 22, 2024
Washington Tribe Says City Can't Block Emergency Shelter
A Washington tribe is asking a federal district court judge to block the city of Toppenish from preventing it from opening a 24-hour emergency cold weather shelter, arguing that the attempt violates its inherent sovereign authority and treaty-reserved rights to govern its lands and people.
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November 22, 2024
Norfolk Southern Says Artist's Timeline Doesn't Add Up
Norfolk Southern said it should still get an early win over an artist who sued the company for allegedly covering over murals on a railroad bridge, even after a federal magistrate found the sham affidavit doctrine didn't apply when the artist changed his story during depositions spanning two lawsuits.
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November 22, 2024
Insurer Owes $4.5M For Water Damage, Wash. HOA Says
A Washington state homeowners association told a federal court that its insurer owes over $4.5 million in coverage to repair hidden water damage at its condominium community, arguing that no exclusions, conditions or limitations bar coverage under its policy.
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November 22, 2024
Debt Collector Awakened Illegal 'Zombie Loans,' Suit Says
Real Time Resolutions Inc., a debt collection company, is facing a new proposed class action from two North Carolina homeowners, who have accused it of assessing an illegal interest on their mortgage that was charged off more than a decade ago.
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November 22, 2024
Barnes & Thornburg Adds Real Estate Atty From Ice Miller
Barnes & Thornburg LLP has continued its string of adding new transactional attorneys in recent months with the hiring of a former Ice Miller LLP attorney who will serve in both Indianapolis and South Florida.
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November 22, 2024
Ga. Roofer Drops Unpaid Contracting Suit Involving Insurer
A Savannah, Georgia, roofing company agreed to drop its suit accusing a government contractor and an insurer of not paying for about $352,000 of labor and materials it contributed to a construction project at a U.S. Army base.
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November 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.
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November 21, 2024
9th Circ. Told $500K To Huizar Not Intended As Bribe
A real estate developer convicted of bribing former Los Angeles City Councilor José Huizar with $500,000 for help overcoming challenges to a downtown project asked the Ninth Circuit for a new trial, arguing Thursday the lower court erroneously excluded evidence showing the developer didn't know the money would be used as a bribe.
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November 21, 2024
Wash. Justices Unsure CARES Act Protects Violent Tenants
Two Washington Supreme Court justices on Thursday seemed to doubt whether the CARES Act blocked landlords from quickly evicting violent tenants, as opposed to just those behind on rent, a question that resulted in opposing opinions from two lower appellate panels.
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November 21, 2024
DOD Needs To Do More To Fix Military Housing, OIG Says
The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.
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November 21, 2024
Key Informant Who Recorded Madigan Takes The Stand
A former Chicago alderman who prosecutors have deemed one of their "most significant cooperators in the last several decades" took the stand Thursday afternoon and began what is expected to be multiple days of testimony in the racketeering trial of ex-Illinois House Speaker Michael Madigan, whom he secretly recorded while working with the government.
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November 21, 2024
Ill. High Court Won't Shield Sun-Times In Trump Tax Case
The Illinois Supreme Court ruled Thursday that the Chicago Sun-Times can't use an anti-SLAPP law to duck a defamation suit over the paper's coverage of an investigation into a $1 million property tax reduction granted to Trump Tower during the president-elect's first term.
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November 21, 2024
Oklahoma Tribe Asks DC Circ. To Revive Creek Land Lawsuit
An Oklahoma tribe is asking the D.C. Court of Appeals to revive its challenge to a U.S. Department of the Interior decision that rejected the tribe's proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee Creek Nation, arguing federally recognized Indigenous nations should stand on equal footing.
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November 21, 2024
Big Lots Seeks To Include Claims Against Execs In Asset Sale
Discount retailer Big Lots on Thursday asked a Delaware bankruptcy judge to approve a $760 million asset sale to a private equity group and override creditor objections to the inclusion of potential litigation claims against company insiders in the package.
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November 21, 2024
Weed Co. Must Pay $5M To Entrepeneur In Investor Dispute
A marijuana consulting firm must pay $5 million to a former business partner after allegedly derailing plans to purchase a marijuana grow facility in Michigan by convincing the main investors to put their money into a Colorado weed business instead.
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November 21, 2024
Tenant Class Attys Get $1.1M Fee In Race Bias Suit Deal
A federal judge awarded a nearly $1.1 million fee to class counsel for housing applicants who accused a tenant screening company of disproportionately excluding Black and Hispanic renters, saying the requested fee was reasonable for the $2.2 million settlement the attorneys struck.
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November 21, 2024
Insurers Sued Over Defense Costs In Fort Bragg Housing Row
An infrastructure company and related entities providing housing for military families told a North Carolina federal court that three of its primary commercial general liability insurers must cover their defense bill from a class action accusing them of providing "unfit and uninhabitable" housing at Fort Bragg.
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November 21, 2024
Justices Urged To Uphold Alaska Beachfront Boundary Ruling
Alaska and an Alaskan property owner told the U.S. Supreme Court to uphold an Alaska Supreme Court ruling that determined that the boundary between two beachfront properties owned by feuding neighbors is set by where a shoreline ended up in 1938.
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November 21, 2024
Data Co. Gets Remand Of Suits Over Judicial Privacy
A federal judge sent 39 lawsuits alleging violations of a New Jersey judicial privacy law back to state courts, finding the district lacks subject matter jurisdiction.
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November 21, 2024
Feds Outline Next Steps For Colo. River Basin Agreement
The U.S. Department of the Interior released five proposed alternatives for the Colorado River's post-2026 operations aimed at ensuring the long-term stability of the drought-stricken Colorado River Basin for the communities and habitats that rely on it.
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November 21, 2024
Pa. Enviro Hearing Board Can Sanction Atty, Court Affirms
Pennsylvania's Environmental Hearing Board was within its power to issue its first-ever sanctions against an attorney for trying to delay an appeal with false claims that the state Attorney General's Office and the U.S. Environmental Protection Agency were looking to talk to Cabot Oil & Gas Corp. over her case, a state appellate court ruled Thursday.
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November 21, 2024
Ga. Attys' Easement Fraud Class Suit Shipped To State Court
A Georgia federal judge kicked back to state court a proposed class action accusing conservation easement fund organizers of racketeering and defrauding investors, saying the organizers failed to prove that the proposed class had at least 100 investors or that the case hinged on federal law.
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November 21, 2024
Experts Cool On 'Chill' Defense In NJ RICO Case
Former prosecutors and academics are doubtful two of New Jersey's most politically connected attorneys can convince a judge that the racketeering case against them will have a chilling effect on lawyering, given that prosecutors only have to show they knew the end game of the notorious Democratic power broker they're accused of helping.
Expert Analysis
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A Closer Look At Feds' Proposed Banker Compensation Rule
A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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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.