Real Estate

  • January 06, 2025

    Farm Owners, Rail Co. Spar Over Toxic Spill Trial Evidence

    Mississippi landowners fired back at a Canadian National Railway unit's attempt to block a train derailment report containing its admissions of fault from an upcoming trial in Mississippi federal court, saying the company's claims that the report is incomplete "ring hollow."

  • January 06, 2025

    Feds Hit Georgia Developer With Suit Over Native Artifacts

    The United States has accused a Georgia developer of violating its Clean Water Act permit by illegally filling in wetlands, so it could build residences on a floodplain even though it knew about the presence of protected archaeological sites and cultural objects on the property.

  • January 06, 2025

    Ga. Developer Says Insurer Shorted Roof Repair Coverage

    The owner of a north Georgia commercial property has sued its insurer, accusing it of intentionally failing to complete a claims adjustment and only partially paying the cost to repair a roof that was damaged during a storm.

  • January 06, 2025

    Ill. Bill Aims To Extend Affordable Housing Tax Break Deadline

    Illinois would allow some owners of affordable rental housing until the end of 2037 to apply for a reduction in their property's assessed value for tax purposes as part of a bill introduced in the state Senate.

  • January 06, 2025

    Ohio Landlord Seeks $9M Insurance Payout For Hail Damage

    The operator of a 324-unit apartment complex is seeking to recover over $9 million from its insurer for damages caused by a 2022 hail and windstorm, according to filings in Ohio federal court.

  • January 06, 2025

    Jenner & Block Faces DQ Bid In Casino Project Dispute

    Three Native American tribes want Jenner & Block LLP disqualified from a lawsuit that seeks to block the construction of a new casino in Oregon, claiming the firm previously represented them in the same dispute.

  • January 06, 2025

    CFPB Sues Berkshire-Owned Lender Over 'Risky' Home Loans

    The Consumer Financial Protection Bureau filed suit Monday against a lending arm of Clayton Homes Inc., the Berkshire Hathaway-owned builder of manufactured homes, accusing it of underwriting failures that stuck vulnerable borrowers with unaffordable loans.

  • January 06, 2025

    Property Owner Says Insurers Owe $4.2M For Burglary Losses

    A property owner said its insurers must cover $4.2 million in property damage caused by a burglary, telling an Oregon federal court that the carriers relied on a number of policy exclusions to deny coverage but failed to properly investigate the claim.

  • January 03, 2025

    Real Estate Recap: All Eyes On '25

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what the experts think is in store for 2025.

  • January 03, 2025

    NY Nursing Home Blames AG's 'Crusade' For Ch. 11

    The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.

  • January 03, 2025

    Wash. City Fights Order To Keep ER Tribal Shelter Open

    The city of Toppenish, Washington, is asking a federal district court to withdraw an order allowing the Confederated Tribes and Bands of the Yakama Nation to operate a 24-hour emergency shelter, arguing that the criminal nature of regulations governing the facility preclude the tribe's arguments on the present situation.

  • January 03, 2025

    Attorney Sues Over Audit, Ouster From Title Insurer's Boards

    Title insurer CATIC mishandled an audit of a law firm, sold services that didn't fix the alleged issues and ousted the firm's namesake attorney from the boards of two affiliated companies, a Connecticut real estate attorney has alleged in a 51-count complaint.

  • January 03, 2025

    Biogen Not On Hook For Disruptions Caused By Landlord

    Biogen Inc. did not breach the terms of a sublease with biopharma components manufacturer Brammer Bio and bears no responsibility for any claimed losses suffered by Brammer during a construction project by the building's owner, a Massachusetts judge has concluded.

  • January 03, 2025

    Ore., Calif. Tribes Can't Stop Casino Project

    A D.C. federal district court judge denied a bid by three tribes to block the U.S. Department of the Interior from issuing a determination that would greenlight a casino project in Oregon, saying the environmental impact statement for the endeavor does not constitute a final agency action.

  • January 03, 2025

    Pa. Homebuyers Say Broker Misled Them On Chicken Ban

    A pair of Pennsylvania homebuyers told a state court on Jan. 2 they have buyer's remorse after being misled by broker Coldwell Banker Real Estate Services LLC about a homeowners association's ban on chickens living on their property.

  • January 02, 2025

    Anchorage Residents Look To Block Tribal Casino Project

    A group of Anchorage residents has sued the acting chairwoman of the National Indian Gaming Commission and the Native village of Eklutna in Alaska federal court, claiming plans to build a 58,000-square-foot casino will ruin their rural neighborhood.

  • January 02, 2025

    DC Allowed To Resubmit AvalonBay Rent-Fixing Claims

    The District of Columbia will get another chance to tweak its claims against landlord AvalonBay Communities and see if the changes are enough to prop up allegations that it has been using the property management platform RealPage to fix the price of rentals.

  • January 02, 2025

    Justices Urged To Review Copyright Attorney Fee Circuit Split

    A Florida real estate broker is asking the U.S. Supreme Court to decide if defendants hit with copyright infringement suits can collect attorney fees when those suits are dropped, calling the case "an obvious candidate" for high court review.

  • January 02, 2025

    New Jersey Judge Won't Block Affordable-Housing Law

    A New Jersey state judge has refused to block a state law that aims to determine how much affordable housing must be developed, ruling that the municipalities challenging the law are obligated under the state's constitution "to provide realistic opportunities for low- and moderate-income housing."

  • January 02, 2025

    Oregon, California Tribes Ask Court To Block Casino Project

    Three tribes are asking a D.C. federal court to block the Interior Department from issuing a final decision that would take land into trust for an Oregon casino project, arguing that the agency's lack of tribal consultation on the endeavor will cause damage to their economic and governmental interests.

  • January 02, 2025

    Ill. Atty Can't Avoid Prison Pending Bribery Appeal

    An Illinois attorney set to serve time for bribing former Chicago alderman Edward Burke must still report to prison while he asks the Seventh Circuit to review his conviction and 32-month sentence, a federal judge said.

  • January 02, 2025

    Real Estate Investor Gets 2 Years For Mortgage Fraud Scheme

    A New Jersey real estate investor was sentenced to two years in federal prison on Thursday for his role in a multiyear conspiracy to defraud Fannie Mae by getting the company to purchase or fund millions in mortgage loans.

  • January 02, 2025

    Mich. Justices Say Detroit Fire Fee Is Legal, Not A Tax

    The Michigan Supreme Court has ruled a Detroit fee for a fire service program was not an unlawful tax but clarified that a regulatory program's main benefit cannot be the mere permission for a property owner to operate its business in the city.

  • January 02, 2025

    7th Circ. Won't Review $3.4M Faulty Work Coverage Ruling

    The Seventh Circuit declined to review a ruling requiring an insurer to defend an architectural design firm and its owner against faulty work claims seeking more than $3.4 million in damages.

  • January 02, 2025

    Hoboken Pot Dispensary Was Rightly Approved, Panel Finds

    A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.

Expert Analysis

  • Arbitration Implications Of High Court Coinbase Ruling

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    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.

  • Fla. HOA Reforms Bring Major Wins For Homeowners

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    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.

  • Lower Courts May Finally Be Getting The Memo After Ciminelli

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    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.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    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.

  • Addressing Labor Shortages In The Construction Industry

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    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.

  • A Framework For Investigating Commercial Loan Fraud

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    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.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    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.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    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.

  • How NY Co-Ops Can Minimize Sale Rejections Based On Price

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    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.

  • Money, Money, Money: Limiting White Collar Wealth Evidence

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    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.

  • How Associates Can Build A Professional Image

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    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.

  • Yellow Corp. Lease Assumption Shows Landlord Protections

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    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.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    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.

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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