Residential

  • March 22, 2024

    NY Landlords Say Rent Law Update OK'd 'Warrantless' Search

    Landlords in New York's Hudson Valley have filed suit against the state and two cities, alleging a December law that raised the stakes for property owners that fail to cooperate with municipalities looking to enact rent stabilization is unconstitutional.

  • March 22, 2024

    Fla. Judge Allows Sale Of Ex-MLBer's House In Fraud Suit

    A Florida state court judge on Friday allowed the sale of a house owned by ex-Boston Red Sox outfielder Rusney Castillo to go forward over the objection of a sports managing company, which accused the baseball player of fraudulent transfer in order to avoid a $3 million judgment against him.

  • March 22, 2024

    5th Circ. Asked For Do-Over In Hurricane Coverage Feud

    The owners of a New Orleans apartment complex urged the Fifth Circuit to rethink ordering them to arbitrate Hurricane Ida damage claims under New York law, arguing New York's choice-of-law clause would ordinarily be unenforceable under Louisiana law if it weren't couched within the arbitration provision.

  • March 22, 2024

    Colo. Water District Illegally Doubled Tax Rate, Panel Says

    A water conservancy district violated the Colorado Constitution when it doubled its property tax rate without voter approval, a state appeals court ruled, reversing a lower court's decision against a proposed class of property owners.

  • March 22, 2024

    NYC Landlord Jailed For 'Notoriously Negligent' Conditions

    One of New York City's "most notoriously negligent landlords" will spend up to 60 days in Riker's Island jail after he ignored the conditions of two apartment buildings in Manhattan's Washington Heights neighborhood, the city's Department of Housing Preservation and Devleopment has announced.

  • March 22, 2024

    NYC Realty Co. Seeks Ax of Building Super's Wage Suit

    A New York realty group asked a federal judge Friday for an early win in a building superintendent's lawsuit alleging he was denied overtime and adequate meal and rest breaks, saying his claims are baseless and he contradicts himself in subsequent court filings.

  • March 21, 2024

    Navy Federal Wants Racial Lending Discrimination Suit Axed

    Navy Federal Credit Union on Thursday urged a Virginia federal court to toss a consolidated proposed class action accusing it of racial lending discrimination following a CNN report last year, arguing the plaintiffs have not shown that they were qualified for the loans they applied for, or that the credit union considered race when denying their applications.

  • March 21, 2024

    Developer Says Partner Mishandled Funds In Denver Project

    A real estate developer and a related online platform have accused a hedge fund in Colorado state court of misusing grant money and owing fees for a Denver commercial housing project.

  • March 21, 2024

    8th Circ. Backs Attys' Win In COVID Hotel Eviction Challenge

    Two government attorneys did not violate the U.S. Constitution when they gave the green light to a Minnesota police department to forcibly remove a resident from a Super 8 motel in June 2020 amid a COVID-19 era eviction ban, the Eighth Circuit ruled in a precedential opinion Thursday, citing a "dearth of precedent."

  • March 21, 2024

    Judge In Blackstone Lease Row Wants Colo. Justices' Input

    A Colorado federal judge has said he would like to have the state Supreme Court answer key questions in a putative class action against Blackstone subsidiaries, writing that tenants' claims alleging the companies' lease agreements violate state law present novel legal issues with little case law to provide guidance.

  • March 21, 2024

    NY Court Affirms Historic 15% Rent Reduction Vote

    A New York appellate court ruled Thursday that the city of Kingston's rent guidelines board was within its rights to order a 15% rent reduction for tenants immediately after enacting rent stabilization, reversing course from a lower court that killed the historic rent cut.

  • March 21, 2024

    6 Questions For ZestyAI CEO Attila Toth

    As California regulators push proposals aimed at luring back insurance companies to the state's challenged market, advanced modeling techniques have taken a prominent place in the debate over how to best price risk as traditional methods lose relevance. Here, Law360 talks to Attila Toth, chief executive officer of ZestyAI, a risk modeling company that sells artificial intelligence-based risk models to insurers seeking to refine their risk assessment capabilities.

  • March 21, 2024

    Nursing Home Woes, Cyberattack Sparked Petersen's Ch. 11

    Rising costs after the COVID-19 pandemic, cyberattacks and a general shift away from nursing homes led senior-living company Petersen Health Care to seek Chapter 11 bankruptcy protection this week with about $296 million in debt, according to a declaration filed Thursday by the company's top restructuring official.

  • March 21, 2024

    NYC Hospital Tenants Urge Review Of Eviction Ruling

    Residents of several buildings once owned by Maimonides Medical Center urged a New York court to rethink a decision greenlighting the eviction of 21 tenants, arguing Thursday that the ruling overlooked unresolved questions about the hospital's role at the property.

  • March 21, 2024

    Calif. Regulators' Pitch On Insurance Reform Draws Scrutiny

    Two regulations proposed to help lure insurers back to California's market by speeding up the state's rate approvals and allowing insurers to use catastrophe models to set rates are drawing scrutiny as industry and consumer groups weigh their potential effects.

  • March 21, 2024

    DOL Urges 5th Circ. To Back Biden Admin. ESG Investing Rule

    The U.S. Department of Labor urged the Fifth Circuit on Thursday to uphold a rule allowing retirement advisers to consider social issues such as climate change when choosing investments, arguing that conservative states challenging the rule haven't shown it defies federal benefits law.

  • March 21, 2024

    9th Circ. Backs Rescission Of Homeowner's Property Policies

    Two Safeco insurers are entitled to rescind policies issued to a woman who misrepresented that her house wasn't used for business when in fact it was rented to short-term guests, the Ninth Circuit affirmed, saying there's no genuine issue of material fact as to the commercial use of the property.

  • March 21, 2024

    8th Circ. Wins SEC Climate Rule Litigation Lottery

    The wave of cases against the U.S. Securities and Exchange Commission's recently finalized climate disclosure rules will be consolidated and proceed in the Eighth Circuit, the U.S. Judicial Panel on Multidistrict Litigation ordered Thursday, after the agency requested a random draw.

  • March 21, 2024

    Meet The Attys In Short-Term Rental Case At Conn. High Court

    Connecticut's Supreme Court will hear arguments next week in a case that could determine shore-area homeowners' ability to rent their properties via services like Airbnb and VRBO. Here, Law360 Pulse takes a look at the attorneys involved in the case.

  • March 21, 2024

    Nossaman Adds 2 Eminent Domain Partners In Texas

    Nossaman LLP announced Thursday that Seijin C. Brooks and Melissa Ferringer have joined the firm's Austin, Texas, office as partners in that shop's eminent domain and valuation group.

  • March 20, 2024

    Receiver Allowed To Have 'Evil Zombie' Standing In Fraud Suit

    The Eleventh Circuit revived a receiver's Florida lawsuit seeking to recover $22 million allegedly lost in a Ponzi scheme, saying he has standing to bring fraudulent transfer claims by several companies used in the fraud because they're no longer the "evil zombies" controlled by the perpetrators.

  • March 20, 2024

    Philly Charter School Exec Convicted Of Embezzlement

    A nonprofit executive was convicted Wednesday in Pennsylvania federal court on all 18 counts of siphoning funds from a tax-exempt educational and housing organization to live lavishly, while the same jury found a colleague guilty of conspiracy to commit fraud but absolved him of other charges.

  • March 20, 2024

    NY High Court Revives Suit Against NYC Property Taxes

    A lawsuit challenging the fairness of New York City's property tax system lives on, with New York's highest court finding a group's complaint sufficiently pleads causes of action against the city for violations of New York's Real Property Tax Law and the federal Fair Housing Act.

  • March 20, 2024

    Breaking Down Each State's Climate Priority Policies

    Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.

  • March 20, 2024

    Re/Max GC Sees Light At The End Of Antitrust Tunnel

    Re/Max general counsel Susie Winders has spent several years in a joint defense group fighting antitrust cases brought by sellers over real estate commissions, and she says she is now "very pleased" over recent settlements despite their costs.

Expert Analysis

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Harsh 11th Circ. Rebuke Should Inspire Changes At CFPB

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    The Eleventh Circuit's recent Consumer Financial Protection Bureau v. Brown decision, which found the CFPB's conduct had been egregious in a debt collection enforcement action, should encourage some reflection at the bureau regarding its level of attention to the reasonable due process concerns of regulated institutions, says Eric Mogilnicki at Covington.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • 3 Alternatives To CRE Collateralized Loan Obligations

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    With current commercial real estate market conditions pushing issuers away from collateralized loan obligations, several Freddie Mac offerings should be considered as alternative exit strategies for mortgage loans secured by multifamily properties, say attorneys at Mayer Brown.

  • Fla. Banking Brief: All The Notable Compliance Updates In Q2

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    Florida financial institutions must now navigate minimum interest rates for attorney trust accounts, restrictions on property sales to prohibited foreigners, and a ban on weighing environmental, social and governance factors to determine a customer's creditworthiness — changes that will add to banks' compliance pressures, says Patricia Hernandez at Avila Rodriguez.

  • NY Court Sends Mixed Signals On Contested Foreclosure Law

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    Although New York's Appellate Division, Second Department, has avoided addressing the constitutionality and retroactive application of the Foreclosure Abuse Prevention Act, its conflicting pattern of applying FAPA to existing cases is creating confusion regarding the future of the law, say Christopher Gorman and John Muldoon at Abrams Fensterman and litigation support analyst Robert Marx.

  • Expect CFPB Scrutiny On AI In Lending

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    As the Consumer Financial Protection Bureau prioritizes regulatory oversight of the financial services industry's use of automated systems and artificial technology, it will need to balance regulation and innovation, and companies should prepare to mitigate any potential for bias or unfair, deceptive or abusive acts and practices, say attorneys at Goodwin.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Texas Construction Statute Of Repose Leaves Open Questions

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    Texas' new significantly shorter statute of repose barring certain suits against construction contractors contains some ambiguous wording that will likely raise questions to be decided by courts, says Mason Hester at Munsch Hardt.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • In The CFPB Playbook: Abuse Policy, PACE, Payment Apps

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    From defining "abusive" conduct to implementing green energy financing to policing payment apps, the Consumer Financial Protection Bureau was busy last quarter. Akerman's Nora Rigby discusses all this and more in the first installment of bureau activity recaps by former CFPB personnel.

  • How To Avoid Flopping When Flipping Fla. Real Estate

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    As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.