Real Estate

April 03, 2024
5th Circ. Unsure Miners Can Escape Pecan Farm Flood Verdict

Fifth Circuit judges on Wednesday suggested that the owner of an open gravel mine on the bank of the Colorado River could have a tough time in its bid to avoid responsibility for devastating flooding at a pecan farm across the river.
April 03, 2024
Colo. Judge Rejects Landlord's Bid To Toss Unfair Fee Suit

A Colorado state judge rejected a property management company's bid to toss a class action accusing it of charging unfair rental application fees, writing in an order that a Denver renter has done enough to allege the company violated a 2019 law aimed at protecting renters from inflated charges.
April 03, 2024
5 Hotel Cos. Defeat Trafficking Claims, 2 Others Settle

An Ohio federal judge gave five hospitality companies early wins against a sex trafficking survivor's liability claims and dismissed two others following undisclosed settlement agreements, bringing an end to the survivor's suit alleging the companies should have seen warning signs and prevented what happened to her.
April 03, 2024
Forchelli Appoints Environmental Practice Chair

Forchelli Deegan Terrana LLP has announced the hiring of a partner with experience in organizations such as Miller Environmental Group Inc. and New York American Water to chair its environmental practice group.
April 03, 2024
San Francisco Leaders Back Ax Of Public Camping Ban

A coalition of San Francisco stakeholders has accused the city and California of overstepping their bounds in an amicus brief urging the U.S. Supreme Court to overturn an Oregon city's prohibition on camping in public spaces, discounting their "alarmist claims" that the ruling rendered jurisdictions powerless.
April 03, 2024
Skanska Inks $1.4B Contract To Replace Seattle Bridge

Skanska and Washington's Department of Transportation closed a $1.4 billion bridge replacement contract that aims to update Seattle's Portage Bay Bridge so that it's up to "current seismic resiliency standards," the construction and development company announced.
April 02, 2024
Gas Tycoon Owes $100M To UBS, Lenders After Trial Loss

Energy titan Charif Souki owes more than $100 million to lenders, including a fund managed by a UBS division, a U.S. bankruptcy judge has ruled, rejecting Souki's claims that his lenders recklessly sold off collateral posted for the loan, including a luxury yacht, a Colorado ranch and shares of his liquefied natural gas export business Tellurian Inc.
April 02, 2024
Connecticut Estate Withdraws Deadly Airbnb Blast Claims

The estate of a woman who died two years ago after the stove in an Airbnb property in Jamaica erupted into a fiery blast has withdrawn a Connecticut lawsuit against both the online service and the Texas-based owner of the retreat, with the maneuver coming just days after the owner challenged jurisdiction in the state.
April 02, 2024
MV Realty Files Ch. 11 Plan Amid Growing Calls To Toss Case

MV Realty plans to reorganize in Florida bankruptcy court by firing its brokers and collecting millions in fees from about 34,000 U.S. homeowners over the next 40 years, even as more than a dozen states backed the U.S. Trustee's view that the case is a stall tactic against prosecutors.
April 02, 2024
Ex-NY Court Atty Says DA Has No Evidence Of Corruption

A former appeals court attorney told a Manhattan jury Tuesday that the district attorney can't back up charges that she intended to benefit her husband when she gave a "basic, procedural fact" about the status of a case to his client.
April 02, 2024
Rental Co. Sues Family Of Child Who Drowned On Property

A North Carolina beach vacation rental company, facing a negligence lawsuit brought by a father whose son died in one of its pools, has in turn filed suit against the deceased child's extended family members, claiming that any blame for the death should be on their shoulders.
April 02, 2024
Cemetery Owner Can't Sell Unused Land, NC Panel Rules

The operator of two North Carolina cemeteries couldn't convince the state Court of Appeals to let her section off unused land for a potential sale, with a three-judge panel ruling Tuesday state law forbids her from transferring the property even if remains are not interred.
April 02, 2024
Conn. Real Estate Co. Accused Of Inflating Commissions

The largest real estate firm in Connecticut, William Raveis Real Estate Inc., "artificially elevated" commissions and company profits when its executives and employees flooded the ranks of local and national trade groups and helped adopt lucrative new rules, a proposed class action antitrust and unfair trade practices case alleges.
April 02, 2024
Hagens Berman To Lead Yardi Rent Price-Fixing Class Action

A Washington federal court tapped Hagens Berman Sobol Shapiro LLP as interim lead counsel for a putative class of renters amid a suit alleging that 11 property management companies are part of a price-fixing ring powered by an algorithm developed by Yardi Systems Inc.
April 02, 2024
La. Property Owners, Insurers To Arbitrate Hurricane Claims

A Hurricane Ida damage coverage dispute between seven New Orleans-area property owners and their insurers will be stayed pending arbitration, a Louisiana federal judge ruled, agreeing with the insurers that the policy's arbitration agreement is enforceable under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
April 02, 2024
NY Pot Biz Says Store Placement Rules Unconstitutional

A marijuana company is suing the New York State Cannabis Control Board and Office of Cannabis Management, along with others, alleging rules restricting how close dispensaries can be to one another are too vague.
April 02, 2024
WeWork Drops 150 Leases To Cut Rent Costs By $8B In Ch. 11

Coworking company WeWork has agreed to exit 150 leases and restructure others to reduce its future rent payments by some $8 billion, saying the "significant milestone" paves the way for it to exit Chapter 11 by the end of May.
April 01, 2024
Trump Posts $175M Bond, Pausing $465M Fraud Judgment

Donald Trump on Monday posted a $175 million bond, ducking, for now, enforcement of a nearly $465 million civil fraud judgment against him and his businesses in the New York attorney general's case accusing them of defrauding banks and insurers.
April 01, 2024
RICO Claims Fail In Suit Against Developer, Judge Says

A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.
April 01, 2024
Loophole Ties Conn. Firm To Home Sale Row, Judge Told

A narrow exception to Connecticut's unfair trade practices law means an estate lawyer can be sued over how his firm handled money after the seller of a Vermont home suddenly died and his significant other was left in the lurch, an attorney for the girlfriend told a Connecticut judge on Monday.
April 01, 2024
Investors Group Says New EB-5 Guidance Violates APA

A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.
April 01, 2024
Catching Up With Delaware's Chancery Court

Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.
April 01, 2024
Conn. Condo Owners OK To Litigate Foundation Repair Claims

The estates of two deceased homeowners can pursue contract claims against a condominium board in consolidated litigation targeting issues with the units' foundations, the Connecticut Supreme Court ruled Monday, finding the contract-based allegations in the complaints were timely filed.
April 01, 2024
Texas Judge Halts New Community Lending Rules For Banks

A Texas federal judge has ordered a halt to the rollout of federal banking regulators' recently revamped rules intended to spur bank lending in underserved communities, granting a preliminary injunction sought by bank industry trade groups suing to overturn the changes.
April 01, 2024
SmartRent Workers Get Class Cert. In Unpaid OT Row

A Georgia federal judge has granted conditional class certification to a group of former and current employees of a smart home technology firm, who allege the company failed to compensate them correctly for overtime hours they worked.

Expert Analysis

4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Sale-Leasebacks May Provide A Safe Financing Alternative

Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.
5 Recent Developments Family Offices Are Watching In 2024

Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.
A Challenging CRE Environment Holds Opportunities In 2024

As the commercial real estate market faces reduced occupancy levels and rising financing costs, the new landscape will be favorable to those who can leverage capital, strategic vision and expertise to meet challenges like taking on distressed properties and converting office space to residential use, say Nesa Amamoo and Vered Rabia at Skadden.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
A Difficult Year For CRE, But Future May Be Brighter

2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
3 Developments That Will Affect Hospitality Companies In 2024

As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.
What WeWork's Ch. 11 Filing Means For Landlords

WeWork’s recent Chapter 11 filing in New Jersey has the potential to be one of the most consequential cases in the real estate industry in many years, and presents a number of issues for landlords, including unexpired leases, assumption, assignment and more, say attorneys at Mayer Brown.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Clean Water Act Jurisdiction Still Murky After A Choppy 2023

This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
The 4 Top Philadelphia Commerce Court Opinions Of 2023

Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.