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Real Estate
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December 05, 2024
Rocket Mortgage Sues HUD, Hits Back At DOJ Race Bias Suit
Rocket Mortgage, the largest U.S. mortgage lender, has punched back against housing discrimination claims brought by the U.S. government, countersuing in Colorado federal court to challenge what it argues are "conflicting and irreconcilable" mandates at play.
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December 05, 2024
Freddie Mac Beats Suit Over Payoff Statement Fees, For Now
A Washington federal judge has tentatively let Freddie Mac off the hook in borrowers' proposed class action alleging loan servicer Nationstar Mortgage illegally charged fees for payoff statements, ruling Thursday that Freddie Mac can't be liable for conduct it didn't authorize — even if it did own one loan at issue.
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December 05, 2024
Yardi Must Face Rent-Fixing Suit With Tough Standard
A Washington federal court has refused to dismiss an antitrust case accusing multifamily building owners of conspiring to use Yardi's revenue management software to inflate rental prices and found the claims should be treated as classic price-fixing allegations.
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December 05, 2024
Okla. Court Says Tulsa Can Prosecute Indian Country Crime
An Oklahoma Criminal Appeals Court will not dismiss a challenge by the city of Tulsa that questions its jurisdictional rights on reservation lands, saying the municipality's ability to prosecute crimes is centered in a U.S. Supreme Court ruling that said states can prosecute non-Indians for crimes against Indians on tribal land.
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December 05, 2024
Ohio Court Affirms Nix Of Bid To Double $42M Property Value
An effort to nearly double the $42 million taxable value of a property to its recent sale price was correctly dismissed, an Ohio state appeals court said, upholding a state law barring complaints based on the untimeliness of a sale.
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December 05, 2024
Utah Defends Effort To Wrest Land From Feds At High Court
Utah told the U.S. Supreme Court on Wednesday that its proposed lawsuit accusing the government of unconstitutionally hoarding and profiting from public lands in the state belongs before the justices and that the government's recent response strengthens its case.
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December 05, 2024
Detroit Needs More Evidence In Census Row, Judge Says
A Michigan federal judge gave the city of Detroit another chance Thursday to prove the U.S. Census Bureau undercounted the city's population and negatively impacted its federal funding, telling the city it wouldn't have standing to sue the federal government without such evidence.
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December 05, 2024
Macy's, Bank And Parking Garage Settle $2.7M Repair Fight
Macy's Retail Holdings has resolved litigation against it by a bank and a parking lot operator over $2.7 million in repairs and maintenance fees needed at a nearby parking garage, according to a Thursday court filing.
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December 05, 2024
GSA To Sell 8 Federal Buildings, Saving Up To $475M
The U.S. General Services Administration has announced plans to offload eight federally owned properties, a move that could potentially save the federal government $475 million over 10 years.
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December 05, 2024
Airbnb Customers Drop 'Assistance Fee' Suit Against Insurers
A proposed class of Airbnb customers permanently dropped a suit accusing two of the company's insurance providers of violating Washington state law by charging an "assistance fee" when selling travel coverage.
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December 05, 2024
Worker Claims Four Seasons Cheated Employees On Wages
A former Four Seasons employee said the hotel chain cheated Los Angeles employees out of wages, telling a California state court that employees weren't paid for all hours worked.
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December 04, 2024
Insurer Owes Coverage In Florida Keys Property Sale Dispute
A Florida state appeals court partially reversed a lower court's ruling that an insurer didn't owe two insureds a defense in an underlying suit accusing them of conspiring with a Key West property seller, finding Wednesday there were insufficient allegations to trigger a policy exclusion.
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December 04, 2024
5th Circ. Probes $8M Payout For Allegedly Undelivered Services
An investment company on Wednesday found itself before the Fifth Circuit having to justify paying $7.7 million for allegedly undelivered services from an affiliate, as it appeals a $2.6 million bill it got hit with for prematurely ending a contract.
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December 04, 2024
Building Contractor Agrees To End No-Hire Pacts
Guardian Service Industries Inc. has agreed to stop enforcing no-hire agreements in its contracts that prevent building owners and managers from hiring the service contractor's employees after pressure from the Federal Trade Commission and state enforcers.
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December 04, 2024
RealPage Says DOJ's Antitrust Markets 'Hide The Ball'
RealPage has urged a North Carolina federal court to throw out the government's antitrust case against it, arguing that enforcers have not shown that use of its software is raising rental rates in any part of the country and that landlords use it to offer competitive rents.
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December 04, 2024
Developer, Michigan Differ On State, Federal Securities Tests
A Michigan Supreme Court justice on Wednesday pressed the state's securities administrator and a developer over how Michigan businesses and residents could be affected if the high court were to decide that a state law test rather than a federal one should be used to determine if a promissory note is a security.
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December 04, 2024
Chase Will Settle Calif. Atty's Mortgage Rate-Lock Suit
JPMorgan Chase Bank NA has reached a tentative, individual settlement with an attorney suing it for allegedly gouging him and other borrowers with sham mortgage rate-lock deals, heading off a potential class action.
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December 04, 2024
Atlas Real Estate Biz Gets Initial OK On Data Breach Deal
A Colorado federal judge on Tuesday gave preliminary approval to a settlement between roughly 4,500 victims of a data breach and a real estate company that would see each proposed class member receive up to $5,000 in compensation.
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December 04, 2024
Farmers Insurance Off Hook In Homeowner's Fire Loss Appeal
A California homeowner who alleged that an agent underinsured her scorched $3 million Malibu home cannot blame Farmers Insurance, a state appeals court affirmed, finding in a published opinion that the agent acted independently when obtaining a policy via a fire insurance pool for her client.
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December 04, 2024
Treasury Finalizes Broad Energy Investment Tax Credit Regs
The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.
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December 04, 2024
Cozen O'Connor Adds Condo, Co-Op Board Expert In NYC
Cozen O'Connor has added a real estate litigator from Tarter Krinsky & Drogin LLP as a New York City-based member of the firm's condominiums and cooperatives practice.
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December 04, 2024
NC Panel Reverses Prior Ruling Reviving Atty Meddling Claim
A split North Carolina appellate panel has walked back its ruling reviving a suit against a real estate attorney accused of helping meddle in a property ownership dispute, declaring after a second look that the claim against him doesn't actually exist under state law.
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December 03, 2024
FTC Secures Location Data Sale Bans In Pair Of New Actions
The Federal Trade Commission on Tuesday doubled down on its efforts to safeguard consumers' sensitive location information, announcing a pair of settlements against a data broker and an analytics provider that the commission claims unlawfully collected and sold data that could track individuals to health clinics and other sensitive places.
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December 03, 2024
Ex-Braves Blast Tax Court's 'Disregard' In Easement Fight
Two former Atlanta Braves players penalized for allegedly overstating the value of a conservation easement donation urged the Eleventh Circuit to toss the costly ruling against them, saying the U.S. Tax Court's decision showed "blatant disregard" for the appeal court's precedent in deciding the matter.
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December 03, 2024
ND Calls Tribes' Bid For Riverbed Mineral Rights 'Irrational'
North Dakota has hit back against the Mandan, Hidatsa and Arikara Nation's attempt to win a federal court declaration that it owns mineral rights beneath a portion of the Missouri River, arguing that the three tribes' claim of riverbed ownership is "irrational."
Expert Analysis
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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.
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What Interest Rate Cuts Mean For Housing Markets
The Federal Reserve's recent reduction of interest rates may provide limited immediate relief for real estate sectors, but offers potential opportunities for commercial real estate investors and construction firms, which now face an environment ripe for new projects, say attorneys at Cozen O'Connor.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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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.