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Real Estate
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June 10, 2025
Jury Awards $28M In Latest PacifiCorp Wildfire Trial
Oregonians, including a photographer and a charter boat operator, were awarded $27.97 million in noneconomic damages in the latest trial against utility PacifiCorp over wildfire damage, much less than the amount requested for the 10 plaintiffs.
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June 10, 2025
Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility
A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.
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June 10, 2025
Power Co. Asks Justices To Settle Split In Tribal Tax Dispute
Arizona courts were wrong to rule that an energy company located on tribal land is subject to property taxes, the company told the U.S. Supreme Court on Tuesday, urging it to address an "intolerable" state-federal split.
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June 10, 2025
Tribes' Effort To Overturn Ore. Casino Land Decision Halted
A D.C. federal court judge hit pause on a bid by three tribes to vacate the U.S. Department of the Interior's final determination and environmental impact statement in a dispute over the agency's decision to take land into trust for Oregon's Coquille Indian Tribe for a proposed casino project.
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June 10, 2025
LA Real Estate Agent Admits Obstructing IRS
A Los Angeles commercial real estate broker pled guilty to obstructing the Internal Revenue Service's attempts to collect thousands of dollars in unpaid taxes by willfully hiding his income and assets from the agency, the U.S. Department of Justice announced Tuesday.
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June 10, 2025
Willkie Partner Wants To 'Chill' Media Contact, Conn. Atty Says
A Willkie Farr & Gallagher LLP partner and his wife are pursuing a federal lawsuit based on speculative allegations and trying to "chill" the First Amendment rights of a Connecticut attorney who represented their ex-landlord and leaked a story about them to the New York Post, the defendant is arguing in seeking judgment in his favor.
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June 10, 2025
Insurer Seeks Exit From Missouri Tree-Cutting Dispute
An insurer that separately insured a farm and a man accused by the farm of trespassing on its property and cutting down "valuable trees" told a Missouri federal court it should owe no coverage to the man, pointing to an exclusion for damage to vegetation.
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June 10, 2025
Crane Owner Seeks To Shift Blame In Fatal Fla. Collapse
A Florida judge on Tuesday allowed Maxim Crane Works to try to shift blame to a fellow contractor facing a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people.
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June 10, 2025
Davis Wright Guides Bluespring Deal Creating $1.4B Firm
Bluespring Wealth Partners, advised by Davis Wright Tremaine LLP, announced Tuesday it will buy a Texas-based wealth management firm affiliated with Kestra Financial and then merge it into its existing wealth management platform, LifeBridge Financial Group, establishing an investment advisory firm with $1.4 billion in assets under management.
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June 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.
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June 10, 2025
Biopharma Co. Unit Hopes To Shed Empty Facilities In Ch. 11
A subsidiary of biopharmaceutical manufacturer National Resilience Holdco Inc. filed for Chapter 11 protection Tuesday in Delaware bankruptcy court with a reorganization plan involving shutting down offices, manufacturing sites and labs it described as "underutilized."
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June 09, 2025
OCC Rebuffs State Bankers' Call To Rescind Preemption Rules
The Office of the Comptroller of the Currency said Monday that it is standing by its regulations that purport to exempt banks it oversees from a swath of state-law limitations, swatting down a request from state regulators that want these rules overturned.
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June 09, 2025
Mexico Fights $47M Award, Claims Treaty Misinterpreted
Mexico has urged the D.C. Circuit to overturn a lower court order instructing it to pay a $47 million arbitral award issued to a Canadian lender after Mexican courts failed to halt a purportedly fraudulent scheme that caused the cancellation of loans for three real estate development projects.
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June 09, 2025
8th Circ. Affirms Travelers Doesn't Owe $1.4M For Wall Failure
A Missouri property developer can't recover from Travelers $1.4 million for lost rental income and soft costs after a retaining wall failure caused delays at an apartment construction project, the Eighth Circuit ruled Monday.
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June 09, 2025
Feds Approve Mont. Coal Mine Expansion Amid Controversy
The Interior Department has said it will expand by nine years the mining plan for a Montana coal mine at the center of litigation over the mine's environmental impacts, authorizing Signal Peak Energy to recover 57 million tons of coal in a move that aligns with the Trump administration's energy emergency directive.
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June 09, 2025
Landlord Ghosted Ex-Yankee Who Cried Foul On Mold, Jury Told
A retired New York Yankees third baseman wants a Connecticut landlord to pay damages for a moldy Greenwich mansion he rented for $55,000 per month in 2022, saying he was justified in severing the lease when remediation efforts failed and his then-pregnant fiancée and 17-month-old daughter fell ill.
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June 09, 2025
Tax Court Backs Penalties In $24M Georgia Easement Feud
An Internal Revenue Service agent properly followed the procedure to secure timely supervisory approval to impose penalties against a partnership for incorrectly claiming a $24 million charitable tax deduction on its Georgia conservation easement donation, the U.S. Tax Court said Monday.
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June 09, 2025
Madigan Denied Acquittal, New Trial Ahead Of Sentencing
An Illinois federal judge on Monday denied former Illinois House Speaker Michael Madigan's bid for acquittal or a new trial, clearing the way for him to be sentenced for bribery, wire fraud and conspiracy later this week.
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June 09, 2025
Liquidation Trustee Sues BofA, Others In Ch. 11 Ponzi Fallout
The liquidation trustee for the bankrupt National Realty Investment Advisors LLC accused Bank of America and other parties in New Jersey bankruptcy court of aiding or participating in the developer's $664 million Ponzi scheme.
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June 09, 2025
Charter School Funding Firm Hits Ch. 11 With Up to $50M Debt
Charter School Capital Inc., a company that provides funding for charter schools across the country, filed for Chapter 11 protection in Delaware bankruptcy court with up to $50 million in debt, saying it plans to sell the business through the case.
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June 09, 2025
BCLP Real Estate Finance Pros Join Kilpatrick In Atlanta, SF
Kilpatrick Townsend & Stockton LLP is boosting its real estate finance team, announcing Monday it is bringing in two Bryan Cave Leighton Paisner LLP attorneys, one of them returning to Kilpatrick as a partner in Atlanta, the other joining as counsel in San Francisco.
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June 09, 2025
Insurers Must Pay For $7.3M Hail Loss, Property Owner Says
A dispute among insurers over when a Texas shopping center was damaged in a hailstorm has left the center short of full coverage for a $7.3 million loss, and the owner wants a federal court to ensure that the carriers found responsible will cover what they owe.
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June 09, 2025
Feds Argue Koi Nation's Historic Ties Justify Calif. Land Trust
The Interior Department is looking to dismiss a challenge to its decision to take 70 acres into trust for a proposed tribal hotel and casino project in Sonoma County, California, telling a federal court that the Koi Nation has a significant historical connection to the site.
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June 09, 2025
Mich. Justices To Weigh Liability In Senior's Parking Lot Fall
The Michigan Supreme Court will consider an appeal application from a woman who argues that a property management company and a concrete contractor are liable for her injuries from tripping over a trench in the parking lot of her senior living facility.
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June 09, 2025
3 Firms Advise $320M IPO For Fla.-Based Residential Insurer
Tampa, Florida-based residential insurer Slide Insurance announced the launch of its initial public offering on Monday, with attorneys from Skadden Arps Slate Meagher & Flom LLP, Greenberg Traurig LLP and Davis Polk & Wardwell LLP providing advice.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Conservation Easement Cases Weave Web Of Uncertainty
Much of the IRS and Justice Department’s recent success in prosecuting syndicated conservation easement cases can be attributed to the government’s focus on the so-called PropCo ratio, which could indicate treacherous waters ahead for participants and their advisers, even under the incoming Trump administration, say attorneys at Polsinelli.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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NYC Hotel Licensing Law's Costs May Outweigh Its Benefits
A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Why Secured Lenders Must Mind The Gap In UCC Searches
If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.