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Real Estate
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June 23, 2025
Texas Authorizes Tax Break For Border Safety Infrastructure
Texas authorized a property tax exemption for real property used to install border security infrastructure in counties that border Mexico, pending voter approval of a proposed amendment to the state constitution, under a bill signed by Gov. Greg Abbott.
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June 23, 2025
High Court Won't Revisit 'Right-To-Control' Fraud Case
The U.S. Supreme Court on Monday refused to take a second look at the landmark case that disposed of the "right-to-control" theory of fraud, rejecting a petition that argued the Second Circuit had wrongly remanded the action for retrial before resolving the appeal at hand.
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June 20, 2025
'Absolutely Disgusting': Litigant's Stashed Gum Irks Judge
A Florida federal judge admonished a plaintiff for sticking her chewed gum to a courtroom table, leading to a federal prosecutor getting the gum stuck to her skirt later, calling it "absolutely disgusting" and saying he "never dreamed" he would have to "write an order like this."
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June 20, 2025
San Antonio Pushes To Repair Park Amid Tribal Dispute
The city of San Antonio has asked the Fifth Circuit to lift a stay on a tribal appeal after the Texas Supreme Court answered a question about a state law addressing religious practices, arguing that the high court's opinion rules out two Native Americans' claims.
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June 20, 2025
Real Estate Recap: Senior Living, Data Centers, CEQA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into a senior housing surge, data center construction, and the Golden State's latest efforts to spur housing construction without upsetting the California Environmental Quality Act.
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June 20, 2025
2nd Circ. Backs Chubb's Win In $49M Sandy Coverage Fight
The Second Circuit on Friday cemented a Chubb unit's win in a decade-long dispute over a chocolatier's bid for an additional $49 million in coverage for Superstorm Sandy losses, affirming a decision denying the chocolatier's requests to set aside a jury verdict or hold a new trial.
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June 20, 2025
Paul Weiss-Advised QXO Bids $5B For Alston & Bird-Led GMS
Connecticut-based QXO Inc. has proposed to acquire building materials distributor GMS Inc. in an all-cash deal valued at approximately $5 billion, with Paul Weiss Rifkind Wharton & Garrison LLP backing QXO on the unsolicited bid.
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June 20, 2025
Okla. Gov., Freedmen Object To Tulsa Tribal Settlement Stay
Oklahoma Gov. Kevin Stitt is urging an Oklahoma federal court to deny a request by the city of Tulsa and the Muscogee (Creek) Nation to extend a stay in a jurisdictional dispute as settlement talks continue, arguing that the state's involvement in the negotiations is the required.
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June 20, 2025
FERC Pauses Regulations To 'Speed Up' Natural Gas Projects
The Federal Energy Regulatory Commission recently made moves including the enactment of a one-year waiver on a construction authorization policy in order to "speed up" natural gas infrastructure projects in the U.S., the agency has announced.
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June 18, 2025
State Farm Likely To Face 200K Calif. Homeowner Class
A California federal judge indicated Wednesday that he'll likely certify a class of nearly 200,000 homeowners in litigation alleging that State Farm underpays property insurance claims by depreciating sales tax when calculating replacement costs, saying a common issue predominates and noting he'd sided with plaintiffs in a similar 2017 case.
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June 18, 2025
Ore. Lawmakers Approve $800M Portland MLB Stadium Bill
Oregon lawmakers have advanced a plan to attract a Major League Baseball team with $800 million in state spending on a new arena at a waterfront site in Portland, a development effort advised by attorneys from firms that include Sidley Austin LLP and Holland & Knight LLP.
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June 18, 2025
Punitive Damages Allowed In Mother's Hotel Fire Death Suit
A Florida state appeals court on Wednesday allowed a mother to amend her complaint to seek punitive damages against a hotel over her blind adult son's death in a fire, finding her evidence proffer is sufficient to support the claim.
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June 18, 2025
Pittsburgh, State Should Pay For Demolished Bridge, Co. Says
A Pennsylvania property owner has accused Pittsburgh and the state's Department of Transportation of effectively taking its property by demolishing a railroad-highway bridge that provided access to a parking lot, an auto parts distribution center and other land, arguing the company is owed damages.
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June 18, 2025
Pollution Insurer Says Cos. Not Covered In Groundwater Row
A pollution liability insurer for an oilfield services company told a Texas federal court it owes no coverage for two lawsuits accusing the company and a former subsidiary of groundwater contamination, arguing the company breached its claim reporting requirements and knew of the alleged contamination before purchasing coverage.
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June 18, 2025
FCC Approves Windstream-Uniti Tie-Up
The Federal Communications Commission signed off on Windstream's merger with Uniti Group Inc. on Wednesday, approving the transfer of Windstream, Uniti and their respective subsidiaries to the newly formed New Windstream LLC.
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June 18, 2025
MLB's Rays Discussing Sale To Fla. Real Estate Developer
The Tampa Bay Rays confirmed on Wednesday the Major League Baseball franchise is in "exclusive discussions" to be sold to a group led by real estate developer Patrick O. Zalupski, three months after the team pulled out of an agreement to build a new stadium in St. Petersburg.
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June 18, 2025
NY Tribe Looks To Block Long Island Town Code Enforcement
A Long Island tribe is asking a New York federal court to block the Town of Southampton from imposing its municipal codes on 84 acres of their lands, saying its officials are attempting to prevent them from using the site for economic gain.
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June 18, 2025
Colo. Judge Trims REIT's Antitrust MDL Coverage Dispute
A Colorado federal court trimmed a real estate investment trust's suit seeking coverage for antitrust multidistrict litigation, saying the trust's statutory bad faith claim under Colorado law could not proceed because of a New York choice-of-law provision in its primary policy.
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June 18, 2025
Mushroom Farm Faces $6M Tax Liens Tied To Fraud Case
A defunct Pennsylvania mushroom farm failed to pay the outstanding balance in a payroll tax fraud case that sent its owner to jail last year and owes more than $6 million worth of tax liens, the U.S. Department of Justice told a federal court.
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June 18, 2025
Wash. Panel Sides With Insurer In Café Fire Damage Suit
A couple's commercial property insurer has no duty to cover damage from a kitchen fire at their café, a Washington state appeals court affirmed, finding the couple lacked certain protective safeguards that were required as part of their fire suppression system.
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June 18, 2025
Ex-Yankee Scores $222K Jury Award In Moldy Mansion Trial
A Connecticut federal jury on Wednesday awarded retired New York Yankees third baseman Joshua Donaldson more than $222,000 in a dispute with a former landlord he blamed for the presence of mold in a Greenwich mansion, and a judge is expected to double a substantial portion of that amount.
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June 18, 2025
Lender Registers $20M Win For Mobile Home Loans Suit
A lender has registered in North Carolina district court its nearly $20 million victory in a Georgia federal suit accusing a manufactured homes company and its affiliates of defaulting on loans used to buy more than 600 manufactured homes.
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June 18, 2025
Mich. Housing Co-Op Suit On Hold After Disclosure Exemption
A Michigan federal judge hit pause on a lawsuit from a group of housing cooperatives to escape requirements of the Corporate Transparency Act after the Financial Crimes Enforcement Network said it would give U.S.-based entities a break from the rules.
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June 18, 2025
Butler Snow Hires Real Estate Attorney Sharpe In Charleston
Law firm Butler Snow LLP said it has hired real estate attorney Mark S. Sharpe to its Charleston, South Carolina, office.
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June 18, 2025
Okla. Apartments Not Subject To Property Tax Bump Transfer
An Oklahoma apartment complex is not subject to the county's increased tax assessment that is allowed when a property's title is transferred just because the limited partnership that owns the complex changed ownership, the state Supreme Court ruled.
Expert Analysis
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Strategies For Home Equity Investment Providers In 2025
The home equity investment product market is thriving even amid consumer concerns, regulatory scrutiny and conflicting court decisions, setting the stage for a promising but challenging environment for providers in 2025, say attorneys at Sheppard Mullin.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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How Landlords Can Navigate Cannabis-Related Leases
As the cannabis industry continues to rapidly grow, landlords should consider a variety of lease terms and operational details that may help mitigate uncertainty involving federal laws, zoning restrictions and tax implications, says Kyla Baker at Holland & Knight.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Lights, Camera, Real Estate: Preparing For Film Facility M&A
As the entertainment industry struggles to recover from multiple strikes and a decline in production, certain aspects of selling or acquiring production facilities may become important to consider, as these assets are valued very differently from typical commercial real estate properties, say attorneys at Olshan Frome.
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Opinion
Antitrust Posturing Against Algorithmic AI Should End
President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.