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Real Estate
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July 30, 2025
Calif. Residents Urge Justices To Take Up Jury Trial Question
A group of Humboldt County, California, property owners is urging the U.S. Supreme Court to take up the group's appeal over the dismissal of its Seventh Amendment claim for a jury trial in a suit against the county alleging the county wrongly targeted the owners for illegal cannabis growth, saying the justices should reject the county's argument that the question is not ripe.
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July 29, 2025
Airbnb Says Slim Odds Of Shooting Don't Create Tort 'Duty'
The chances of being shot at one of Airbnb's short-term rentals are only slightly greater than the odds of being struck by lightning, so the company could not foresee or be held responsible for events like a 2022 mass shooting at a Pittsburgh rental, counsel for Airbnb told a Pennsylvania judge Tuesday during an oral argument.
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July 29, 2025
11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit
The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States."
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July 29, 2025
REIT Shareholders File 'Improper Lending' Suit Against Execs
Two Arbor Realty Trust Inc. shareholders hit several of the real estate investment trust's executives, including its president and CEO Ivan Kaufman, with a derivative suit on Tuesday alleging they made the REIT use "improper lending practices" that saddled the company "with a severely distressed loan portfolio."
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July 29, 2025
No Coverage For $2.5M Herbicide Damage Row, Court Says
An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.
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July 29, 2025
Brokerage Owner Says NAR Dues Policy Hurts Competition
The owner of a Modesto, California, residential sales brokerage urged a California federal court to not toss his antitrust suit challenging dues created by the National Association of Realtors and enforced by affiliated Realtor associations, arguing that he has Article III standing for his claims and that he was significantly harmed by the dues policy.
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July 29, 2025
Insurer Says Misrepresentations Void Real Estate Co.'s Policy
Material misrepresentations in a commercial real estate firm's insurance renewal application mean the insurer has no duty to defend the firm or a former director against a $6.5 million claim related to the sale of a client's properties, the insurer told an Indiana federal court.
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July 29, 2025
Whitman Breed Says $6.5M Lease Current Despite Atty Exits
A member of Connecticut law firm Whitman Breed Abbott & Morgan LLC on Tuesday testified that all payments are current under a $6.5 million lease governing its Greenwich headquarters, disputing a landlord's bid for a $3.8 million asset freeze to ensure future payments amid a wave of attorney exits.
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July 29, 2025
Calif. Allows Retroactive Tax Exclusion For Solar Property
California will allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill signed by Gov. Gavin Newsom.
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July 28, 2025
Apache Women Look To Block Arizona Site's Destruction
A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.
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July 28, 2025
EXp Holdings Accused Of 'Bad Faith Inaction' In Del. Suit
An attorney for stockholders of real estate brokerage eXp World Holdings Inc. told Delaware's chancellor Monday the company's response to long-running sexual assault allegations was an example of "bad faith inaction" rather than good faith responses.
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July 28, 2025
Rocket Cos. Investor Ends Fraud Suit After Class Cert. Denial
A pension fund that had previously attempted to lead a suit in Michigan federal court against Rocket Companies Inc. has agreed to drop all its claims in the shareholder litigation accusing the mortgage business of concealing a downturn in loan volume.
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July 28, 2025
LuxUrban Investor Suit Over Post-IPO Business Trimmed
A New York federal judge trimmed a shareholder class action accusing LuxUrban Hotels Inc. and two of its executives of misleading investors about the company's financial reporting and partnerships with other property owners, saying investors have not adequately alleged that the executives knew about the misstated financials.
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July 28, 2025
CREXi Wants CoStar's Copyright Claims To Wait
Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.
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July 28, 2025
Redfin Settles Patent Claims After Being Cleared At Trial
Real estate brokerage firm Redfin and its supplier Matterport Inc. each have reached a settlement with Surefield — the new company of Redfin's former CEO — to end a patent infringement case in which Redfin was cleared of a $66 million damages request by a Texas federal jury and to resolve Matterport's declaratory judgment action in Washington.
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July 28, 2025
Judge Denies Tulsa Co. Bid To Pause Tribal Jurisdiction Case
An Oklahoma federal court judge won't pause a dispute between the Muscogee (Creek) Nation and Tulsa County's sheriff and district attorney over criminal jurisdiction, saying the suit can continue despite a pending U.S. Supreme Court petition that could moot the litigation.
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July 28, 2025
Co-Owner Of Georgia Aparments Files Ch. 11 With $25M Debt
MMRE Management-Patriot Place LLC — the minority owner of an apartment complex in Georgia — has sought Chapter 11 protection in a New York bankruptcy court, saying it purchased the property at an inflated price and the apartments have faced mismanagement and foreclosure.
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July 28, 2025
Insurer Must Cover Runoff Settlement, Auto Co. Says
An automobile auction company told a Texas federal court that a Liberty Mutual unit must indemnify a settlement reached over underlying claims that the company caused storm water runoff in neighboring properties when it cleared several parcels of land for car and machinery storage.
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July 28, 2025
Mass. Planning Group Looks To Bar AFSCME Union Petition
A publicly funded regional planning entity in Massachusetts has asked a judge to deem it is not a public employer, seeking to head off further efforts by the American Federation of State, County and Municipal Employees to organize the group's workers.
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July 28, 2025
Neb. Tax Board Backs Assessment Of Vacant Commercial Lots
A Nebraska county correctly valued three vacant commercial lots at a combined $540,000, despite the owners' claim that the parcels were purchased for a fraction of that amount, the state Tax Equalization and Review Commission said.
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July 28, 2025
DLA Piper Adds Real Estate Deals Pro From Katten In LA
DLA Piper has added a former Katten Muchin Rosenman LLP partner to its Los Angeles office, strengthening its real estate practice with an attorney who guided a client in a $250 million joint venture with a South Korean investment management business, the firm said Monday.
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July 28, 2025
Homeowners, Chubb Settle Water Damage Suit Ahead Of Trial
Illinois homeowners and a Chubb unit agreed to end their dispute over coverage for damage caused by a burst water pipe during an extreme temperature drop, weeks after an Illinois federal court cleared the case for trial, according to a court filing.
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July 28, 2025
Attys Behind Pot Biz Say No Default In $60M Loan Suit
A pair of attorneys with Loevy & Loevy have urged a New York federal court to throw out a lawsuit alleging they defaulted on and redirected funds from $60 million in loans for a cannabis development, saying a federal judge in New Jersey found in a related case that there was no default.
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July 28, 2025
Texas Resolution Seeks Vote On Lower Property Value Limits
Texas would ask voters if the state should amend its constitution to authorize lower limits on the maximum appraised value of residence homesteads and of real property other than homesteads for tax purposes under a joint resolution filed in the state House of Representatives during a special session.
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July 28, 2025
Buchalter Adds Pair Of Pacific Northwest Real Estate Attys
Buchalter PC has expanded its real estate practice group with two new shareholders in the Pacific Northwest, the firm said Monday.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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The Current And Future State Of Bank-Fintech Partnerships
Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.