Residential
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March 29, 2024
Atty Called A Flight Risk In $1.3 Billion Tax Fraud Case
An attorney serving a 23-year prison sentence for tax fraud in a $1.3 billion conservation easement scheme is a flight risk and should remain in federal custody while he waits for his appeal, the government told a Georgia federal court Friday.
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March 29, 2024
Missouri House Advances Property Tax Cap Ballot Measure
Missouri voters would be asked to approve a 2% annual cap on increases to assessments of primary residences under a constitutional amendment the state House of Representatives passed.
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March 29, 2024
Md. House OKs Tax Breaks For Residential Projects
Local governments in Maryland could grant property tax credits for certain hotel and residential developments that include affordable housing under legislation approved Friday by the state House of Delegates.
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March 29, 2024
Tenant Screener To Pay $2.2M Over Race Bias Claims
A tenant screening company has reached a settlement in Massachusetts federal court to end claims brought by a class of housing applicants who alleged its practices disproportionately exclude Black and Hispanic renters.
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March 28, 2024
8th Circ. Won't Revive Fannie, Freddie Investors' FHFA Suit
The Eighth Circuit on Thursday refused to revive Fannie Mae and Freddie Mac investors' suit alleging the Federal Housing Finance Agency's leadership and financial deals violated the U.S. Constitution, saying the investors failed to show how they were harmed by the now-upended restrictions on removing the agency's director.
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March 28, 2024
Q&A: Former Calif. Insurance Chief On Climate & Rate Setting
From intense wildfires to devastating floods, the effects of climate change on California's insurance market cannot be understated, a fact that experts point to often as regulators weigh how to bring insurers back to business in the Golden State.
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March 28, 2024
Ga. Airbnb Owner Must Face Suit Over Off-Property Injury
A woman who was injured by a falling limb outside an Airbnb in Savannah, Georgia, has had part of her suit revived by a state appeals court, which found that the rental owner could be liable for the injury because it occurred on an "approach" to his property though not directly on it.
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March 28, 2024
MLS, Trade Group Say DOJ Deal Fix Itself Anti-Competitive
The U.S. Department of Justice drew fire Wednesday for pushing what a real estate trade group argued would itself be an anti-competitive rule, as the DOJ and other outside groups vie to influence a proposed $3 million settlement over house broker commissions in Massachusetts federal court.
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March 28, 2024
Mortgage Co. Misclassified Workers As OT-Exempt, Suit Says
A Michigan mortgage company has not been paying its loan officers, processors, partners and lead generators overtime premiums for the hours they worked over 40 or all their wages earned, two former employees claimed in a proposed collective action filed in federal court.
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March 28, 2024
Flood Risk Disclosure Law Uptick Offers Insurance Upsides
A growing trend of states adopting and implementing flood risk disclosure laws must continue, experts say, touting such laws as protecting consumers and informing efforts to mitigate climate change costs through insurance and other risk management efforts.
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March 28, 2024
Texas Airbnb Host Says Suit Over Fatal Blast In Wrong Venue
The Texas owner of an Airbnb rental unit in Jamaica where a gas stove exploded, causing fatal injuries to a Connecticut woman, says she cannot be sued where the victim lived, arguing that she never targeted the online listing for the property to anyone in Connecticut and that the federal court there lacks jurisdiction over her as a resident of Texas.
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March 28, 2024
Spokeo Accused Of Flouting NJ Judicial Protection Law
Spokeo Inc., the people search database provider, violated New Jersey state law by not removing information about law enforcement personnel from its database after requests were filed, a data privacy company contends in a lawsuit.
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March 28, 2024
Investors Strike $42.5M Deal In Brookfield-GGP Merger Suit
Brookfield Property Partners LP has reached a tentative $42.5 million deal to bring an end to a yearslong battle with stockholders who alleged they were given misleading information about the global real estate company's 2018 acquisition of U.S. mall operator GGP Inc.
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March 28, 2024
Va. Landowners Return To Supreme Court In FERC Challenge
Virginia residents with property being condemned for the Mountain Valley Pipeline are asking the U.S. Supreme Court to review a D.C. Circuit decision dismissing their suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority, and its ability to delegate that authority to private companies.
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March 28, 2024
Ore. To Give Tax Break For Wildfire Settlement Payouts
Oregon victims of wildfires who receive funds in civil actions will not owe income tax on those payments under legislation signed into law by the governor.
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March 27, 2024
5th Circ. Reissues Arb. Decision In Hurricane Damage Case
The Fifth Circuit has reissued its opinion allowing a group of domestic insurers to force arbitration of a dispute over coverage for hurricane damage under an international arbitration clause after the insurers argued that the unanimous decision applied circuit precedent in a new context.
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March 27, 2024
Vrbo Host Is Breaking Zoning Regs, Conn. High Court Told
Some justices of the Connecticut Supreme Court signaled on Wednesday that a lower court may have failed to provide a workable definition of the word "residence" when deciding that a Branford-based zoning board's regulations allowed short-term rentals through services like Vrbo and Airbnb.
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March 27, 2024
NYC Mayor Says City Laws Can't Expand Housing Vouchers
New York City Mayor Eric Adams has urged a state court to rule against a proposed class that wants the court to enforce a set of local laws aiming to expand a housing voucher program, saying those measures conflict with state law.
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March 27, 2024
Zaxby's Co-Founder's $43M Easement Fight Headed For Trial
A trial will be needed to determine whether a co-founder of the Zaxby's restaurant chain and his wife are entitled to a $43.3 million tax refund for donations of conservation easements, a Georgia federal judge ruled Wednesday, saying the value of the easements remains in dispute.
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March 27, 2024
4th Circ. Overturns Fraud Ruling In Suit Over $4.5M Home Buy
The Fourth Circuit on Wednesday revived fraud claims brought by the buyers of a $4.5 million Virginia home who accuse the seller of lying about licenses and permits for improvements to lure them into the purchase, with the panel concluding a federal district court flubbed decisions on the claims.
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March 27, 2024
Minn. Justices Uphold Tax Break For Housing Charity
A Minnesota charity is entitled to a property tax exemption for its low-income housing development, the state Supreme Court ruled Wednesday, finding that the property is operated by the organization in line with its charitable purpose.
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March 27, 2024
Kan. House Passes Tax Rate Cuts, Early End To Food Tax
Kansas would change its income tax structure, lower its bank tax, exempt food from state sales tax and issue property tax relief under a bill passed Wednesday by the state House of Representatives.
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March 27, 2024
Detroit Claims Feds' Headcount Skewed By Demolitions
The federal government is underestimating Detroit's population as it penalizes the city for demolishing abandoned homes and ignores the rehabilitation of vacant homes, causing the city to lose out on federal funds tied to population, Detroit said in a lawsuit filed Tuesday.
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March 27, 2024
CoreLogic Sued For Violating NJ Judicial Protections Law
A proposed class action removed to New Jersey federal court on Tuesday accuses property data company CoreLogic of failing to comply with a state law requiring it to delete records of certain public officials, including judges and law enforcement officials.
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March 27, 2024
11th Circ. Affirms Experian's Win In Credit Reporting Suit
The Eleventh Circuit has determined a district court didn't err in evidentiary rulings in a case brought by a Florida resident against Experian Information Solutions Inc. alleging it inaccurately reported a discharged mortgage in his credit history, upholding a verdict in favor of the company.
Expert Analysis
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FCRA Legislation To Watch For The Remainder Of 2023
If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.
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Regulators Must Get Creative To Keep Groundwater Flowing
Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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What Upholding Of Short-Term Rental Law Means For NYC
A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.
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Key Provisions In Florida's New Insurer Accountability Act
Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.
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Fair Lending Activity: Calm On The Surface, Churning Below
The Consumer Financial Protection Bureau's recently released annual fair lending report to Congress confirms that despite the paucity of public fair lending enforcement actions in 2022, the CFPB and prudential banking agencies are engaged in significant nonpublic oversight, examination and enforcement activities, say attorneys at Cooley.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Negotiating Material Escalation In Construction Contracts
As material price escalation clauses have remained popular in construction contracts despite an easing of recent supply chain issues, attorneys representing owners should understand key considerations for negotiating such clauses, and strategies to mitigate potential exploitation by contractors, says H. Arthur Black II at Brooks Pierce.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Key Drivers Behind Widespread Adoption Of NAV Financing
While net asset value-based lending has existed for years, NAV lending has only started to move into the mainstream recently — likely due to difficult market conditions faced by sponsors including persistent inflation, high interest rates and a lack of exit opportunities, say Matthew Kerfoot and Jinyoung Joo at Proskauer.
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The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Beware Unique Compliance Risks In Home Equity Lending
As borrowers increasingly look to junior-lien mortgages and home equity lines of credit instead of first-lien mortgages, regulators will pay increased attention in turn and lenders will have to watch for a number of legal and regulatory pitfalls as they rush to meet this newfound demand, say attorneys at Orrick.