Real Estate

  • August 15, 2024

    Pa. District's Appeal Method Is Constitutional, Court Affirms

    A Pennsylvania Court of Common Pleas correctly ruled that a school district did not violate the state's uniformity clause when using a monetary threshold to decide which property tax assessments to appeal, the state Commonwealth Court affirmed Thursday.

  • August 15, 2024

    No Coverage For Las Vegas Apartment Fire Suits, Judge Says

    An excess insurer needn't cover the owners of a Las Vegas apartment building in underlying suits over a 2019 fire that left six people dead, a Nevada federal court ruled, saying the property was not a designated location under the policy.

  • August 15, 2024

    Judge Says Sioux Tribe Can't Hold US Liable In Building Row

    The federal government is not responsible for paying for a deteriorating building on the Cheyenne River Indian Reservation, a Federal Claims Court judge has determined, saying that although given every opportunity to present its theory, missteps plagued the tribe's presentation for monetary relief.

  • August 15, 2024

    Fla. Judge Rules Miami Official's Salary Can't Be Garnished

    A Florida federal judge recommended the dissolution of a garnishment levied against the salary of a Miami elected official who a jury said owes $63.5 million for civil rights violations, saying the evidence shows that he qualifies for a head-of-household exemption.

  • August 15, 2024

    Developer Loses Attempt To Get Damages From Carlton Fields

    A Miami developer suing the Carlton Fields law firm for $10 million can't recover damages arising from an underlying finding of civil theft against him, a Florida state judge ruled Thursday.

  • August 15, 2024

    Paul Hastings Adds M&A, Shareholder Activism Lawyer

    Paul Hastings LLP announced Thursday that it has boosted the firm's mergers and acquisitions and shareholder activism platform with a longtime Goodwin Procter LLP partner.

  • August 14, 2024

    CFPB Faces Call To Treat Housing Rental Leases As 'Credit'

    A major consumer advocacy group has formally petitioned the Consumer Financial Protection Bureau to write new rules that would require landlords to provide "adverse action" explanations when rejecting prospective renters who have applied for an apartment or other housing lease.

  • August 14, 2024

    Fed. Circ. Won't Rehear Utah Tribe's Water Dispute

    A Federal Circuit panel refused to rehear a Utah tribe's challenge to the U.S. government that looked to overturn a Federal Claims Court ruling that held it didn't violate a 19th century law by not securing new water and infrastructure rights for the Indigenous community.

  • August 14, 2024

    Top Stories From Real Estate's Latest Quarterly Updates

    Catch up on the headlines made by the largest public real estate companies during their latest quarterly earnings calls with investors, from data centers and lease deals to market forecasts and casinos. 

  • August 14, 2024

    4th Circ. Says Credit Card 'Offset' Ban Applies To HELOCs

    Creditors are prohibited from withdrawing funds from a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent, a divided Fourth Circuit panel ruled Wednesday.

  • August 14, 2024

    AmeriFirst Creditors Cleared To Pursue $10M Clawback Suit

    AmeriFirst's unsecured creditors can seek repayment of $10.3 million they alleged were fraudulently transferred, a Delaware bankruptcy judge ruled Wednesday, saying there are open questions about a secured lender's influence over the defunct mortgage services provider leading up to its Chapter 11 bankruptcy.

  • August 14, 2024

    Biz Says Mich. Cities Ignore Taxpayers In Fee-Or-Tax Fight

    A pipe fitting business has urged the Michigan Supreme Court to reject municipal organizations' "histrionic" arguments that cities' financial stability will be in jeopardy if the top court finds Detroit's fire inspection fee is a disguised tax, saying the groups are disregarding citizens' rights to be free from illegal taxes.

  • August 14, 2024

    BP Unit Can't Escape Truck Stop Suit, Developers Claim

    Companies suing a BP subsidiary for terminating their truck stop franchise agreement and leaving them stuck with unrecoverable development costs hit back against its "shotgun approach" to have their suit seeking more than $300 million in damages thrown out, telling an Ohio federal judge that their complaint is grounded in compelling claims.

  • August 14, 2024

    NY Judge Tosses Noise Suit Against Queens Tennis Club

    A New York state judge on Tuesday dismissed a Queens nonprofit's nuisance suit against The West Side Tennis Club, which was accused of being responsible for excessive noise coming from concerts held at its century-old outdoor stadium in the borough's Forest Hills neighborhood.

  • August 14, 2024

    Oregon Gets New 600-Acre Wildlife Refuge

    Oregon is home to a new 600-acre wildlife refuge in the Willamette Valley between Salem and Eugene intended to preserve a variety of animal and plant species, the U.S. Department of the Interior said Tuesday.

  • August 14, 2024

    Judge Reconsiders Stop To Colo. River Transfer Without EIS

    An Arizona federal judge on Tuesday reinstated water sale contracts between a company-owned farm on the Colorado River and a town more than a hundred miles away, agreeing with the federal government that his prior decision to void them would cause too much trouble.

  • August 14, 2024

    PwC Owes $11M For Tax Errors, Real Estate Group Says

    PwC should pay £8.9 million ($11.4 million) in damages to a real estate group for miscalculating its tax liabilities and mispricing its properties, which prompted several additional assessments and penalties, according to a claim in a London court.

  • August 14, 2024

    Insurer Off Hook For Jury Award In Construction Dispute

    A commercial insurer does not have to indemnify a contractor found liable for multiple structural and other problems in a home he built, a Massachusetts intermediate appellate court concluded Wednesday in a case of first impression involving what is considered "property damage" in a construction dispute.

  • August 14, 2024

    Rising Star: Kirkland's Michael Shultz

    Michael Shultz of Kirkland & Ellis LLP has advised investor Blue Owl on several major transactions, including its $15 billion acquisition of real estate investment trust STORE Capital Corp. with Singaporean sovereign wealth fund GIC, earning him a spot among the real estate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 14, 2024

    Rising Star: Latham's Dustin Paige

    Latham & Watkins LLP counsel Dustin Paige's work on large, complex deals, including a $7 billion joint venture between Digital Realty Trust and Blackstone Inc. to develop four hyperscale data center campuses and Flynn Properties' $1.1 billion acquisition of an 89-hotel portfolio and its subsequent refinancing, has earned him a spot among the real estate attorneys under age 40 honored by Law360 as Rising Stars.

  • August 14, 2024

    SEC Says Ga. Firm's Ponzi Scheme Fueled 'Lavish' Lifestyle

    An Atlanta-area firm that promised investors lucrative returns on real estate deals was in reality running a "classic Ponzi scheme" by funneling portions of the $300 million it received into buying a yacht and a luxury condo for its founder, the U.S. Securities and Exchange Commission said Wednesday.

  • August 13, 2024

    Jury Awards $51M To Family In Carbon Monoxide Leak

    A Texas jury awarded a woman and her two children $51 million after they suffered from carbon monoxide poisoning in their apartment in 2015, finding in a Tuesday verdict that their apartment complex was responsible for the leak that allegedly left the children with serious brain injuries.

  • August 13, 2024

    CFPB Says Predatory Lenders Targeting Muslim Homebuyers

    The Consumer Financial Protection Bureau said Tuesday it found that an often predatory form of home financing, known as contracts for deed, has become increasingly prevalent in Muslim communities.

  • August 13, 2024

    FDIC Looks To Dodge Suit Over First Republic Bank's Rent

    The Federal Deposit Insurance Corp. urged a California federal court to toss a suit filed by a California landlord that once leased to First Republic Bank, arguing that federal law bars the suit because the FDIC is the bank's receiver.

  • August 13, 2024

    Anadarko Settles Wyo. Landowners' Antitrust Case For $12M

    Occidental Petroleum Corp. unit Anadarko Petroleum Corp. will pay $12 million to resolve a federal class action from Wyoming landowners accusing the extraction company of anticompetitively hoarding permits to block and control local oil and gas development, resolving the suit Monday — very nearly on the courthouse steps.

Expert Analysis

  • How New Rule Would Change CFIUS Enforcement Powers

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    Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • 2nd Circ. Eminent Domain Ruling Empowers Municipalities

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    The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.

  • 8 Fla. Statutes That Construction Cos. Should Prepare For

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    In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.

  • Opinion

    Time To Fix NYC's Broken Property Assessment System

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    A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Bankruptcy Ruling Shifts Lease Rejection Claim Calculation

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    A New York federal court’s recent ruling in In re: Cortlandt provides guidance on how to calculate a landlord's damages claim when a bankruptcy debtor rejects a lease, changing from an approach that considers the remaining rent due under the lease to one that considers the remaining time, say Bethany Simmons and Noah Weingarten at Loeb & Loeb.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Do Not Overstate Fla. Condo Termination Ruling's Impact

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    A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.

  • Takeaways From FDIC's Spring Supervisory Highlights

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    The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • What Calif. Eviction Ruling Means For Defaulting Borrowers

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    A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

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