Residential
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June 03, 2024
'Luxury' Wasn't Part Of Mansion Deal, 3rd Circ. Told
An attorney for a luxury home-building company asked the Third Circuit on Monday to throw out a six-figure judgment against the company for allegedly falling short on its promise to construct a high-end house for two Western Pennsylvania homeowners, arguing the customers' suit was not based on promises made in the contract but on vague marketing statements.
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June 03, 2024
RI Panel OKs Providence Unrestricted Property Tax Rates
Rhode Island would allow the city of Providence to adopt a classification system that allows for unrestricted tax rates for the city's property classes under a bill moved to the Senate floor for consideration.
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June 03, 2024
NYC Real Estate Week In Review
Dylan Chan Law Firm and Kevin Kerveng Tung were among the law firms that guided the largest New York City real estate deals that hit public records last week, a period that saw six transactions above the $15 million mark become public.
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June 03, 2024
Conn. City Settles Suits Over Fatal Rooming House Fire
The city of New Haven, Connecticut, has settled lawsuits by the families of two tenants who died attempting to rescue others from a 2019 house fire after officials failed to inspect and vacate the two-story house where 20 people were living, the estates' attorneys have confirmed.
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June 03, 2024
Quarles & Brady Adds Real Estate Atty In Naples, Fla.
Quarles & Brady said it has added a senior counsel in its real estate practice group to its Naples office from Kilinski Van Wyk.
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June 03, 2024
Allen Matkins Lands 5-Atty Goodwin Real Estate Team In Calif.
Allen Matkins Leck Gamble Mallory & Natsis LLP announced Monday that it has picked up a real estate transaction team from Goodwin Procter LLP in California with three partners, a senior counsel and an associate attorney.
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June 03, 2024
NYC Condo Board Blames Damages On Seyfarth Atty
The board of managers for a condominium building in Manhattan wants more than $1 million in damages from its former Seyfarth Shaw LLP attorney, who the board argues hurt it in litigation with the owner of a building unit by presenting "frivolous" and "bad faith" arguments.
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June 03, 2024
Conn. To Require Interest Waivers For Some Delinquent Taxes
Connecticut will require municipal tax collectors to waive interest on delinquent property taxes when the delinquency is determined to be due to a mistake by a tax collector or assessor and not the taxpayer's fault under a bill signed by the governor.
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June 03, 2024
Ohio Property Sale Price Not Timely Enough To Raise Value
An Ohio property made up of four lots was properly valued and should not have its value increased based on a 2017 sale, because the sale was not timely, the state Board of Tax Appeals ruled.
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June 03, 2024
Common Co-Living Company Files For Ch. 7 Liquidation
The co-living company Common, which aimed to modernize apartment rentals and merged with Germany's venture backed Habyt in January 2023, filed for Chapter 7 liquidation in Delaware, listing between $10 million and $50 million of liabilities.
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June 03, 2024
Minn. Tax Court Lowers Home Value Over Native Burial Mound
The valuation of a lakeside parcel including a legally protected Native American burial mound must be lowered because a split of the property as envisioned by assessors would have been unlikely to gain the needed approvals, the Minnesota Tax Court said.
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June 03, 2024
Nursing Home Co. LaVie Hits Ch. 11 In Ga. With $1.1B Debt
Nursing home operator LaVie Care Centers LLC hit Chapter 11 on Monday in Georgia with $1.1 billion in debt, saying it has not been able to recover from the COVID-19 pandemic.
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May 31, 2024
Zillow Rival Tells 9th Circ. Listing Snub Not 'Optional'
Defunct brokerage platform REX-Real Estate Exchange Inc. urged the Ninth Circuit to revive its deceptive practices suit against Zillow, arguing a Washington federal judge wrongly let the property listing giant off the hook for relegating REX home sale listings to a secondary tab on its website.
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May 31, 2024
Judge Axes Class Claims In Navy Federal Discrimination Suit
A Virginia federal judge has cut claims and denied class certification in a suit accusing Navy Federal Credit Union of racial lending discrimination, saying the statistical evidence from media reports does not establish intentional discrimination.
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May 31, 2024
Colo. Establishes Middle-Income Housing Tax Credits
Colorado is creating a pilot program to provide a tax credit for developers of housing aimed at middle-income residents under a bill signed into law by Gov. Jared Polis.
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May 31, 2024
NYC Landlord Inks Deal To End Wage Theft Suit
A former maintenance worker has agreed in principle to settle his proposed wage theft collective action against a New York City landlord and its property manager, according to a letter filed Friday in New York federal court.
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May 31, 2024
IRS Can Seek Tax Beyond Bankruptcy Deal, 11th Circ. Affirms
A deal between the IRS and an Alabama real estate developer to settle his tax debt for $2 million during Chapter 11 bankruptcy proceedings wasn't final, and the agency can demand additional taxes from him, the Eleventh Circuit affirmed Friday.
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May 31, 2024
Race Bias Suit Against Ga. Housing Authority Trimmed
A Georgia federal judge has narrowed the scope of a civil rights lawsuit filed by a woman who said she was denied a senior position with a local housing authority after leaders found out she'd sued her prior employer, tossing several claims Friday against the ex-chairman of the authority's board.
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May 31, 2024
Kirkland Guides Town Lane To $1.25B Debut Real Estate Fund
Kirkland & Ellis LLP advised the close of an inaugural, $1.25 billion fund for Town Lane, a real estate firm founded by a brother-sister duo with decades of combined experience at Blackstone and Sycamore Partners, according to a Friday news release.
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May 31, 2024
Colo. Justices Agree To Weigh In On Blackstone Lease Row
Colorado's high court agreed Wednesday to answer two key questions in a putative class action against Blackstone subsidiaries, after a federal judge said tenants' claims alleging the companies' lease agreements violate state law present novel legal issues with little case law to provide guidance.
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May 31, 2024
Former Miami City Atty Must Face Real Estate Fraud Suit
A former Miami city attorney can't escape a lawsuit that alleges she aided her husband in a real estate fraud scheme after a Florida state appeals court found the complaint had sufficient allegations to survive her sovereign immunity assertions.
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May 31, 2024
4th Circ. Won't Revive NC Homeowners' Storm Coverage Suit
The Fourth Circuit refused on Friday to revive a suit brought by the owners of a North Carolina beach house accusing certain underwriters at Lloyd's London of stalling a $1 million payout over hurricane damage.
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May 31, 2024
Judge Rejects Home Service Workers' Class Cert. Redo Bid
A Colorado federal judge once again refused to fully certify a putative class of home service professionals who accused HomeAdvisor Inc. and other parties of running a scheme where poor quality customer leads were generated and sold to home service professionals.
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May 31, 2024
NJ Judge Says Mortgage Lender's Counterclaim Falls Flat
A New Jersey federal judge tossed an unfair competition counterclaim brought by Nationwide Mortgage Bankers Inc. in a trade secrets suit by its rival Paramount Residential Mortgage Group, ruling that Nationwide Mortgage's counterclaim allegations do not actually count as unfair competition under Garden State law.
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May 30, 2024
CFPB To Probe 'Junk Fees' In Mortgage Closing Costs
The Consumer Financial Protection Bureau said Thursday that it will scrutinize how "junk fees" may be making it more expensive to purchase a home, kicking off a broad inquiry that could presage a crackdown on rising mortgage closing costs.
Expert Analysis
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What NAR Settlement Means For Agent Commission Rates
If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.
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Calif. Banking Brief: All The Notable Legal Updates In Q1
The first quarter of the year brought the usual onslaught of new regulatory developments in California — including a crackdown on junk fees imposed by small business lenders, a big step forward for online notarizations and a ban on predatory listing agreements, says Alex Grigorians at Hanson Bridgett.
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2nd Circ. Ruling Clarifies When Demand Letters Are Claims
The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.
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Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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Conn. Loan Law Tweaks May Have 3 Major Effects On Lenders
Recently proposed minor amendments to Connecticut’s consumer protection laws could nonetheless mean major and unexpected changes to state consumer financial services regulations that dictate how lenders and their customer-facing service providers handle fee payments, mortgage servicer licensing and private student loans, says Jonathan Joshua at Joshua Law Firm.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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How Calif. Video Recording Ruling May Affect Insured Exams
A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.