More Real Estate Coverage

  • January 18, 2024

    DC Judge Won't DQ Atty In Construction Co. Firing Spat

    A D.C. federal judge has declined to disqualify an attorney from representing a construction company in an employment dispute between the company's two co-founders, finding that the lawyer ceased representing one of the co-founders prior to her retention by the construction firm and therefore no conflict existed.

  • January 18, 2024

    3rd Circ. Preserves $1.8M Jury Award For Resort Shareholder

    The Third Circuit on Thursday upheld a $1.8 million jury award for the estate of a doctor who accused a Costa Rican resort of shorting him on timeshare investment income, reasoning that "record evidence" backed the trial verdict. 

  • January 18, 2024

    Title Co. Says It's Owed Defense In $700K Wire Mishap Suit

    A title company told a Florida federal court that Nationwide unit Scottsdale Indemnity Co. wrongfully refused to cover its defense in a suit over nearly $700,000 in property sale proceeds the company is accused of wiring to a third party instead of the seller.

  • January 18, 2024

    Feds Join AgriBiz In Asking 9th Circ. To Upend Land Swap

    The federal government and a global agribusiness with operations in Idaho have urged the Ninth Circuit to overturn a lower court ruling that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer for the expansion of a fertilizer plant.

  • January 18, 2024

    Realty Co. Seeks $8.2M For Failed Merger Defense Costs

    A Hartford unit owes over $8.2 million in damages stemming from a merger gone awry between its insured and real estate giant Simon Property Group, the insured said in a complaint removed Thursday to a Delaware federal court, maintaining that it properly exhausted all other limits of coverage.

  • January 18, 2024

    McCarter & English Adds RE Duo From Miami Boutique

    McCarter & English LLP announced this week that it is strengthening the firm's presence in Miami with the addition of a pair of real estate partners joining together from a boutique where they led the real estate transactions team.

  • January 18, 2024

    Judge Denies Bid To Halt 'Cop City' Over Pollution Claims

    A Georgia federal judge is refusing to block Atlanta's construction of a controversial law enforcement training facility dubbed "Cop City" over claims it's polluting a local stream, holding that the city has put forward enough evidence for now to suggest it is complying with permit terms.

  • January 17, 2024

    'Chaos' Warning Resonates As Justices Mull Chevron's Fate

    A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.

  • January 17, 2024

    Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'

    The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 17, 2024

    5 Key Takeaways From Supreme Court's Chevron Arguments

    U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.

  • January 17, 2024

    Construction Co. To Pay $2.3M Over Solar Farm CWA Claims

    Swinerton Builders will pay $2.3 million to settle claims it breached the Clean Water Act and the environmental protection laws of Illinois and Alabama when it illegally expelled stormwater into waterways while constructing renewable energy project sites throughout the U.S. over five years, the U.S. Department of Justice announced Wednesday.

  • January 17, 2024

    Trump Org. Pushes Back On Emoluments Allegations

    The Trump Organization repudiated claims by Democrats on the House Oversight Committee that former President Donald Trump's business received at least $7.8 million in foreign payments from at least 20 countries while he was in office.

  • January 17, 2024

    Prologis Pulls In Profits In 2023 Despite Broader Uncertainties

    Prologis earned over $3 billion last year and $630 million in 2023's fourth quarter, continuing the logistics giant's post-pandemic strong streak as broader economic strain stretches the larger commercial real estate market thin, company executives announced Wednesday.

  • January 17, 2024

    Wis. Town Ignores Right-Of-Way Act In Road Dispute, Feds Say

    A northern Wisconsin town is ignoring the Indian Right-of-Way Act when it claims the right to use roads within the exterior boundary of a reservation, the federal government said in a bid to have the town's suit against it thrown out.

  • January 16, 2024

    6 Opinions To Read Before High Court's Chevron Arguments

    The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.

  • January 16, 2024

    Brownfields To Brightfields: Landfills Are Primed For Solar

    The phrase "one man's trash is another man's treasure" is proving quite literal in the world of brownfields, where many capped landfills generally devoid of redevelopment opportunities have finally found their niche.

  • January 12, 2024

    Mich. Township Blocked 'Green' Burial Forest, Couple Says

    A Michigan couple says Brooks Township enacted an unconstitutional ban on opening cemeteries in efforts to block their plans for a "green" burial site on their forested property.

  • January 12, 2024

    Property Plays: Scale, Rexford Industrial, CMC Group

    Scale Lending has loaned $247.7 million for a pair of New Jersey projects, Rexford Industrial Realty dropped $69.5 million on two California properties, and CMC Group has landed $239 million in construction financing for a Miami project.

  • January 12, 2024

    DOI Rule Aimed At Easing Tribal Land Trust Delays Is In Effect

    A newly implemented rule will streamline the application process for Native American tribes asking the government to take land into trust by extensively cutting down the wait time for a decision and making the entire proceeding less expensive, the U.S. Department of the Interior said.

  • January 12, 2024

    Coalition Sues Feds Over Sediment Diversion Project In La.

    A coalition of oyster fishers and growers and environmentalists is asking a Louisiana federal judge to overturn approvals for a major sediment diversion project that aims to address erosion, subsidence and sea level rise in the Barataria Basin south of New Orleans, claiming federal agencies botched their environmental reviews.

  • January 12, 2024

    Skadden, Fried Frank Guide BlackRock On $12.5B GIP Buy

    BlackRock has agreed to purchase Global Infrastructure Partners for about $12.5 billion in a cash-and-stock deal that aims to capitalize on growing long-term infrastructure investment opportunities and is intended to create "the world's premier infrastructure investment firm," the New York City-based firms said Friday.

  • January 11, 2024

    Colo. Judge Splits Class Cert In HomeAdvisor Fraud Row

    A Colorado federal judge ruled a group of service professionals can't sue HomeAdvisor as a class over claims the online marketplace sent them "bogus" home repair job leads, according to an order that certified a class for other allegations that the site has failed to take down profiles for professionals who are no longer paying members.

  • January 11, 2024

    Tribal Biz Wants Calif. DA Barred From Wrecking Greenhouses

    A business owned by a tribal conglomerate led by the Crow Tribe of Montana asked a California federal judge Wednesday to bar San Bernardino County officials from entering property it acquired and destroying greenhouses based on their use in an illegal cannabis operation run by the tenants of a prior owner.

  • January 11, 2024

    Suit Aims To Protect Candy Darter From Coal Hauling In W.Va.

    Conservation groups are suing the U.S. Forest Service, claiming its decision to let a mining company haul coal and equipment through part of the Monongahela National Forest in West Virginia is imperiling an exceptional watershed and endangered species, including a colorfully striped fish, the candy darter.

  • January 11, 2024

    Tenn. Bill Would Boost Ag Land Eligible For Less Property Tax

    Tennessee would more than triple the amount of land within a property tax jurisdiction that may be classified as agricultural, forest or open-space land and subject to a lower tax assessment under a bill introduced in the state Senate.

Expert Analysis

  • How Fla. Tort Reform Will Shift Construction Defect Suits

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    Recent modifications to Florida's private statutory action rules for building code violations and to the statute of limitations and repose for defect claims significantly clarify ambiguity that had existed under previous rules, and both claimants and defendants should consider new legal arguments that may become possible, say Ryan Soohoo and George Truitt at Cole Scott.

  • The Nuts And Bolts Of IRS Domestic Content Tax Credit

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    Recent IRS guidance provides specifics on how renewable energy projects can qualify for bonus tax credits by meeting U.S. domestic content rules, but also creates a qualification framework that will be complicated for project developers to navigate, say Scott Cockerham and Wolfram Pohl at Orrick.

  • Biden's Enviro Justice Focus Brings New Business Risks

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    A recent executive order from President Joe Biden continues the administration's whole-of-government approach toward environmental justice, and its focus on transparency may increase the risk of permit challenges, enforcement actions and citizen suits, say attorneys at King & Spalding.

  • Attorneys Should Have An Ethical Duty To Advance DEI

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    National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.

  • EV Chargers Can Bring Benefits For Calif. Property Owners

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    California property developers and owners face growing pressure to provide electric vehicle charging infrastructure — but this can be a unique opportunity to add value to real estate assets, and can be accomplished in multiple ways, say Riley Cutner-Orrantia and Eurie Hwang at Crosbie Gliner.

  • Brownfield Renewables Guidance Leaves Site Eligibility Murky

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    Recent IRS guidance sheds some light on the Inflation Reduction Act's incentives for renewable energy development on contaminated sites — but the eligibility of certain sites for brownfield status remains uncertain, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Water Infrastructure Crisis Requires Private Investment

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    The federal government is in the process of distributing billions of dollars recently allocated for upgrades to U.S. water infrastructure — but capital, beyond what government can provide, is needed to fully address decades of neglect, meaning that private investment must be a part of the solution, says Damian Georgino at Womble Bond.

  • Ambiguity In 'Buy America' Implementation May Slow Projects

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    The White House Office of Management and Budget's most recent guidance, which builds on a complex patchwork of Buy America restrictions that vary by federal agency, would perpetuate government contractors' uncertainty regarding product and material classification and could delay infrastructure projects, say attorneys at Miles & Stockbridge.

  • La. Suit Could Set New Enviro Justice Litigation Paradigm

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    Inclusive Louisiana v. St. James Parish, a lawsuit filed recently in Louisiana federal court that makes wide-ranging and novel constitutional and statutory claims of environmental racism based on centuries of local history, could become a new template for environmental justice litigation against governments and businesses, say attorneys at King & Spalding.

  • It's Time For Lawyers To Stand Up For Climate Justice

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    The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.

  • Without Stronger Due Diligence, Attys Risk AML Regulation

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    Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

  • The Legal Consequences Of High PFAS Background Levels

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    As federal and state regulations around per- and polyfluoroalkyl substances proliferate, emerging scientific literature is showing that PFAS exist in many environments at background levels that exceed regulatory limits — and the potential legal implications are profound, say Grant Gilezan and Paul Stewart at Dykema and Dylan Eberle at Geosyntec Consultants.

  • Building On Successful Judicial Assignment Reform In Texas

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    Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

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