More Real Estate Coverage

  • February 07, 2024

    Ohio County Accused Of Extorting New Property Owners

    Montgomery County, Ohio, unlawfully denies water and sewage service to new property owners if the previous owner had an outstanding debt for those services, forcing them to pay off another party's debt through "extortion" and "coercion," according to a new proposed class action filed in federal court.

  • February 06, 2024

    DC Circ. Unsure FERC Can't Order NextEra To Cover Plant Costs

    NextEra Energy's request to be made whole for upgrades to its New Hampshire nuclear power plant's circuit breaker seemed to get a frosty reception from the D.C. Circuit during oral arguments Tuesday.

  • February 06, 2024

    NC Panel Backs $5M Win For Developers In Water Fee Fight

    The North Carolina state appeals court on Tuesday backed a $5.3 million judgment developers won in their suit accusing the city of Greensboro of imposing illegal pre-service water fees, finding the fees were charged late in the construction process but before volume-measuring water and sewer services were available on the properties.

  • February 05, 2024

    Md. Jury Set To Decide If Ex-State's Atty Lied On Loan Apps

    The legal team representing former Baltimore state's attorney Marilyn Mosby said during closing arguments Monday that she mistakenly placed her trust in her then-husband to address tax debts the couple owed to the IRS, while federal prosecutors accused Mosby of shifting the blame for allegedly lying on mortgage loan applications.

  • February 05, 2024

    FERC Says It Followed Court's Orders With LNG Reapproval

    The Federal Energy Regulatory Commission defended its reapproval of a Texas liquefied natural gas terminal Monday, telling the D.C. Circuit it addressed the appeals court's concerns after the court ordered the agency to revise its environmental reviews of the project.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 05, 2024

    Va. Landlord Accused Of Exploitation Denied Pretrial Release

    A Virginia federal judge refused to release a Hampton-based landlord who is facing trial on allegations of exploiting Black tenants, noting the man previously violated release and will likely face a long sentence if convicted.

  • February 02, 2024

    Tribes Fight Industry Bid To Weigh In On Land Swap Dispute

    The Shoshone-Bannock Tribes are objecting to two industry groups weighing in on a dispute over a federal land transfer for the expansion of a fertilizer plant, telling the Ninth Circuit that the organizations' "impermissibly partisan" arguments offer no novel legal perspectives on the case.

  • February 02, 2024

    Court's Claims Of Internal Dispute A Myth, Tribe Tells Fed. Circ.

    The Winnemucca Indian Colony is asking the Federal Circuit to overturn a decision that dismissed allegations in a $208 million breach of trust suit against the Bureau of Indian Affairs, saying the Court of Federal Claims wrongly characterized the events that underpinned its litigation as an internal dispute within the tribe.

  • February 02, 2024

    Property Plays: Brennan, PowerHouse Data, Cambridge

    Brennan Investment Group has purchased a portfolio of industrial buildings in Florida and Colorado, PowerHouse Data has picked up 145 acres in Virginia and Cambridge Realty Capital has landed $52.5 million in financing for multifamily properties in Kentucky and Illinois.

  • February 02, 2024

    Green Group Blasts Berkshire Unit's Bid To Flush Water Suit

    An environmentalist group urged a North Carolina federal court to keep alive its Clean Water Act complaint against a Berkshire Hathaway Inc. unit, arguing that it's packed with specifics about how pollution from a development has sullied nearby waterways.

  • February 02, 2024

    Ore. Property Owner Denied Tax Break Over Late Mailing

    An Oregon property owner is not eligible for a 3% discount on property taxes granted to early payers because he did not show that he mailed his payments in a timely manner to meet a statutory deadline, the Oregon Tax Court ruled.

  • February 01, 2024

    Alaska Tribes Seek Canada Recognition To Consult On Mines

    A group of tribal governments in southeast Alaska is asking Canadian regulators to acknowledge its historic presence along the boundary-crossing Unuk River, in order to protect the watershed from open-pit gold and silver mining Skeena Resources Ltd. is proposing in British Columbia.

  • February 01, 2024

    Insurer Settles $1.7M Suit Over School's Tornado Damage

    A Nashville private school agreed to permanently end its $1.7 million unpaid tornado damage suit against Cincinnati Insurance Co. and the school's former agent, according to an order in Tennessee federal court.

  • February 01, 2024

    Remine Shareholder Sues In Del. Over $53.5M MLS Merger

    A shareholder of a real estate services platform acquired by five multiple listing services in 2021 sued the company's founders and directors in Delaware's Court of Chancery, alleging that they structured the $53.5 million sale for their own benefit at the expense of common stockholders.

  • January 31, 2024

    Tenn. Bill Aims To Cap Hikes On Local Hotel Occupancy Taxes

    Tennessee would bar municipalities from raising local taxes on hotel and motel stays above a certain level under a bill filed in the state House of Representatives.

  • January 31, 2024

    Treasury Aims To Finish Credit Monetization Rules In 2024

    The U.S. Department of the Treasury aims to issue final rules this year on two new ways to monetize tax credits tied to clean energy construction projects, known as the direct pay and transferability methods, an official said.

  • January 30, 2024

    Timber Co. Says Seller 'Twisting' Words In Carbon Offset Fight

    A New Hampshire-based timber company has told a North Carolina court that an investment firm specializing in forestland is "twisting" words in an attempt to escape claims that it overvalued the carbon offset of a property by about $1 million.

  • January 30, 2024

    6th Circ. Backs Antero's Win In Oil Royalties Breach Suit

    The Sixth Circuit affirmed on Tuesday a lower court's dismissal of a lessor's contract breach suit accusing Antero Resources of underpaying royalties under an oil-and-gas lease, finding the lessor failed to follow the lease's 90-day presuit notice requirement and "made no attempt to provide any prelawsuit notice at all."

  • January 30, 2024

    Feds, Tesoro Question Landowners' Bid To Join Pipeline Fight

    The U.S. government has told a North Dakota federal judge that tribal landowners' push to join a pipeline fight with Tesoro High Plains Pipeline Co. LLC may be premature, while the company said it threatens to turn its litigation against the government "into a circus."

  • January 29, 2024

    Escrow Agent Not Covered For Fraud Suits, Court Told

    An escrow agent no longer has coverage for four underlying suits accusing it of unlawfully withholding funds or distributing them to third parties who had no valid claim to the money, an insurer told a Florida federal court, saying its theft coverage extension endorsement has been exhausted.

  • January 26, 2024

    Biden Stokes LNG Uncertainty With Export Review Pause

    The Biden administration's pause of its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S. will delay several projects and have potential customers question whether their supply agreements can ultimately be honored.

  • January 26, 2024

    CBD Co. Asks Judge To Reject Franchisee's $10M Claims

    The owner of the Your CBD Store brand has urged a Georgia federal court to snuff out an arbitration action brought by one of its franchisees seeking as much as $10 million in damages, according to a lawsuit that says an oral agreement between the two cannot be arbitrated.

  • January 26, 2024

    Property Plays: Phipps, Sunroad, EastGroup

    Phipps Houses has landed $98.2 million in financing for a Queens residential project, Sunroad Enterprises has scored $149 million in refinancing for a multifamily portfolio spanning three states and EastGroup Properties has picked up three industrial buildings in Las Vegas for $54.8 million.

  • January 26, 2024

    State Farm Underpaid Miss. Property Losses, Class Suit Says

    A Mississippi homeowner accused State Farm Fire and Casualty in federal court of intentionally underpaying her fire damage claim by using the wrong setting in its pricing software, treating the repairs as new construction and improperly excluding higher labor costs associated with more complicated fixes. 

Expert Analysis

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • Industry Takeaways From OMB's Final Buy America Guidance

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    The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.

  • Texas Produced Water Ruling Helps Clarify Oil, Gas Leases

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    A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.

  • Pa. Case Highlights Complexity Of Oil And Gas Leases

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    A Pennsylvania state court's recent decision in Douglas Equipment Inc. v. EQT Production Co. is a reminder that oil and gas leases are rather strange creatures — morphing from something akin to a traditional surface lease to a mineral property conveyance the moment oil and gas is produced, says Christopher Rogers at Frost Brown.

  • Calif. Protected Species Law Changes: Real Fix Or Red Tape?

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    California's recent amendments to its "fully protected species" statutes create a temporary permitting regime intended to accelerate the building of renewable energy, transportation and water infrastructure in response to climate change — but the new legislation could become another obstacle to the projects it purports to benefit, says Paul Weiland at Nossaman.

  • EPA Focus On Lead Could Heighten Private Litigation Risk

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    As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.

  • Ruling Affirms Drillers' Right To Choose Methods In Colo.

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    In the wake of the Tenth Circuit's decision in Bay v. Anadarko E&P Onshore, a bellwether trespass case, oil and gas operators can breathe easy knowing that Colorado landowners cannot dictate their method of drilling — even in the face of more reasonable alternatives, say Lauren Varnado and Jessica Pharis at Michelman & Robinson.

  • NYC Sidewalk Obligations Must Go Beyond Construction

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    New York City's recently announced Get Sheds Down plan will bring sweeping changes to regulation of the scaffolding and construction sheds looming over sidewalks — but it cannot stop there, says Michael Pollack at Yeshiva University's Cardozo School of Law.

  • 5 Quick Takeaways From Feds' New Bank Capital Proposals

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    The federal banking agencies' recent proposed rulemaking on capital requirements is the culmination of a holistic review of U.S. capital standards initiated by the Federal Reserve, and at over 1,000 pages, the proposal will take some time to fully digest, but there are a few items that can be immediately highlighted, say attorneys at Simpson Thacher.

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