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Real Estate
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December 18, 2024
Fla. Condo Sues Ex-Board Members Accused Of Fraud
A Florida condominium association has sued its former president, who was arrested earlier this year and accused of running a multifaceted fraudulent scheme with the help of another board member, allegedly resulting in the theft of more than $1 million used for personal expenses and to acquire additional units.
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December 18, 2024
Yellow Corp. Gets Del. Court OK For Ch. 11 Asset, Lease Sales
Bankrupt trucking venture Yellow Corp. secured a Delaware judge's approval Wednesday for a $192.5 million series of deals to sell or lease a dozen properties owned or leased by Yellow in California, Miami, Ohio and other states.
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December 18, 2024
Insurers Say Arbitration Is Proper In $7M Ida Damage Suit
A group of international and domestic insurers asked a Louisiana federal judge to keep in place an order to arbitrate a $7 million Hurricane Ida damage claim, disputing a property owner's argument that state law has a say in the matter.
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December 18, 2024
11th Circ. Considers Reviving Developer's I-20 Truck Stop Suit
A Georgia property owner and his company urged the Eleventh Circuit on Wednesday to revive their suit challenging a Rockdale County ordinance that thwarted plans for a new QuikTrip truck stop near Interstate 20.
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December 18, 2024
Ex-Ulta Beauty Atty Returns To Quarles & Brady As Partner
National firm Quarles & Brady LLP has added the former assistant general counsel of Ulta Beauty to bolster its real estate practice group and efforts to advise its commercial real estate industry clients.
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December 18, 2024
Yale Eyes Quick Win In $435M Conn. Hospital Purchase Suit
Yale New Haven Health Services Corp. has asked a Connecticut state court judge for permission to file a summary judgment motion in a feud with Prospect Medical Holdings Inc. over the sale of several hospitals in the state, saying Prospect's "stunning" failure to fund pensions and pay taxes resulted in property liens that breached the $435 million deal.
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December 17, 2024
Red States Can Back Feds In Dakota Access Pipeline Row
A North Dakota federal judge said Tuesday that 13 Republican-led states can back the federal government in litigation brought by the Standing Rock Sioux Tribe seeking to halt operations of the Dakota Access Pipeline.
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December 17, 2024
2nd Circ. Says Sears Trustee Can Keep Mall Of America Lease
The Second Circuit has upheld a district court order obliging the return of bankrupt Sears Holding Corp.'s lease in Minnesota's Mall of America to SHC's liquidating trustee, finding in part the mall's earlier lease was not a "true" contract.
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December 17, 2024
Hunton Adds Ex-Flagstar Atty To NYC Office
Hunton Andrews Kurth LLP announced on Tuesday it has hired ex-Flagstar Bank senior vice president and associate general counsel Ian W. Sterling for its New York City office as a special counsel who specializes in structured finance and securitization.
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December 17, 2024
CFPB Finalizes Rule For PACE Loans
The Consumer Financial Protection Bureau on Tuesday finalized a rule that applies standard mortgage protections to so-called Property Assessed Clean Energy loans, where homeowners pay for upgrades through property tax bills.
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December 17, 2024
Insurers Freed From Multivehicle House Collision Row
The Michigan Court of Appeals reversed a lower court's decision, finding that the insurers of vehicles damaged during a 2019 semitruck accident were not responsible for paying for a home that was also destroyed in the incident because the other cars' involvement in the melee was secondary.
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December 17, 2024
US Seeks Foreclosure To Pay 'Survivor' Winner's $3.3M Taxes
A federal magistrate judge should have recommended allowing the U.S. government to foreclose on two properties it claims are controlled by a winner of the "Survivor" TV series who owes $3.3 million in taxes, the government told a Rhode Island federal court.
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December 17, 2024
Seattle, Solar Group Sue To Block Natural Gas Ballot Initiative
The city of Seattle and solar industry and environmental groups have sued the state of Washington to preserve municipalities' ability to curb natural gas use in new buildings, arguing a voter-approved measure blocking that power had unrelated provisions that made it unconstitutional.
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December 17, 2024
Tulsa Tribal Jurisdiction Fight Is Paused For Settlement Talks
An Oklahoma federal judge has hit pause on a dispute between the Muscogee (Creek) Nation and the city of Tulsa over jurisdictional rights after the parties asked for time to participate in settlement discussions.
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December 17, 2024
NYC Mayor Must Face Bribery Charge For Turkish Travel Perks
A Manhattan federal judge on Tuesday rejected New York City Mayor Eric Adams' request to dismiss the bribery charge from his indictment, finding that prosecutors clearly alleged a corrupt bargain with Turkish government agents to receive lavish travel perks.
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December 17, 2024
Pa. Supreme Court Says Judge's Side Job Sinks Tax Rulings
A Pennsylvania state judge who held a side job on a Philadelphia tax appeals board had nullified rulings he made on a local hospital's tax cases, the state's Supreme Court said Tuesday, reasoning that holding both jobs was a "constitutionally impermissible conflict of duties."
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December 16, 2024
11th Circ. Says Citrus Grower's Coverage Row Was Ripe
A citrus grower's bid for damages from its insurer in connection with environmental remediation costs was ripe, the Eleventh Circuit said, reviving the case after finding that a Florida district court wrongly dismissed it by conflating the issue of ripeness with the merits of the grower's claims.
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December 16, 2024
Feds, Ute Tribe Wrestle Over 19th Century Laws In Land Fight
The federal government and the legal team representing the Ute Indian Tribe clashed over the interpretation of two 19th-century laws during a hearing in Washington, D.C., federal court Monday, as the tribe seeks to restore lands within its Utah reservation to trust status.
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December 16, 2024
Minn. Panel Revives $1.5M Fire Loss Row Against State Farm
A Minnesota state appeals court revived a property owner's $1.5 million bid for additional coverage over a building fire, finding Monday that while state law and the owner's State Farm policy required it to sue within two years of the loss, that requirement didn't extend to the owner's appraisal demand.
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December 16, 2024
Ex-Ill. Rep. Says He Got ComEd, AT&T Work With Madigan's Help
Former Illinois state Rep. Eddie Acevedo testified Monday that he obtained consulting work from utilities ComEd and AT&T with former House Speaker Michael Madigan's help, but pushed back on prosecutors' suggestion that he performed little to no work for the pay.
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December 16, 2024
Colo. Justices Revoke Decision On Eviction Jury Trials
The Colorado Supreme Court on Monday rescinded its October ruling that tenants facing eviction are entitled to jury trials if there are factual disputes, after a tenant revealed in her rehearing petition that she was sent an eviction notice in the mail and wasn't personally served.
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December 16, 2024
CFPB Says Conn. Decision Supports Its Case Against Lender
The Consumer Financial Protection Bureau has said a Connecticut Appellate Court decision last week in a lender's case against the state banking department bolsters its own parallel federal proceeding against the same entity, noting that the state court rejected the lender's claims that federal and state regulations do not align.
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December 16, 2024
SEC Wants Out Of PE Firm's 'Fishing Expedition' Suit
The U.S. Securities and Exchange Commission has asked a Texas federal judge to toss a suit brought by a real estate-focused private equity fund alleging the SEC subjected it to an unconstitutional "fishing expedition" outside its regulatory purview, arguing that sovereign immunity bars the firm's claims and that the court has no jurisdiction over the case.
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December 16, 2024
Blindsided Developer Says $112K Legal Bill Should Be $25K
A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.
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December 16, 2024
Troutman Adds Real Estate Finance Partner Ahead Of Merger
Troutman Pepper Hamilton Sanders LLP announced Monday that it has hired a real estate attorney from Goulston & Storrs PC as a finance and restructuring partner in New York.
Expert Analysis
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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NJ Justices Clarify First-Party Indemnification Availability
In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Fla. HOA Reforms Bring Major Wins For Homeowners
A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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A Framework For Investigating Commercial Loan Fraud
As commercial loan transactions are increasingly subject to sophisticated fraud schemes, lenders must adopt dynamic strategies to detect, investigate and mitigate these schemes, say attorneys at Baker Donelson.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How NY Co-Ops Can Minimize Sale Rejections Based On Price
New York co-op sales are regularly rejected for being below undisclosed price minimums, and co-op boards should address this problem by sharing information more transparently and allowing some flexibility for below-market sales, say Pierre Debbas and Seth Feldman at Romer Debbas.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Yellow Corp. Lease Assumption Shows Landlord Protections
Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.