Residential
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August 07, 2025
Fire Victims See Positive Step In Calif.'s FAIR Plan Action
California regulators gave fire victims a boost last week when the state's insurance department launched a legal action seeking penalties against the state's last-resort insurer for its handling of smoke damage claims, but the market effects of the move are still not fully clear.
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August 07, 2025
Insurers Say Property Co.'s $7M Ida Claim Must Be Arbitrated
A lower court order forcing a New Orleans property owner to arbitrate its $7 million Hurricane Ida damage claim against its domestic insurers should be reinstated, a group of carriers told the Fifth Circuit on Thursday, saying the New York Convention mandates the enforcement of the policy's arbitration provision.
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August 07, 2025
9th Circ. Revives Homeowners' 'Reverse Mortgage Loan' Suit
A Ninth Circuit panel has revived a proposed class action against a company offering homeowners cash in exchange for a slice of their home equity, finding a Washington couple has shown their arrangement amounted to a reverse mortgage loan subject to special statutory requirements.
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August 07, 2025
9th Circ. Backs Seattle's Win In Housing Ordinance Suit
The Ninth Circuit affirmed Seattle's lower court victory against a suit filed by landlords challenging a 2017 city housing law that, among other restrictions, prevents landlords from requiring prospective tenants to disclose whether or not they have criminal records.
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August 07, 2025
Housing Authority Can't Slip Ex-Worker's Retaliation Lawsuit
A North Carolina federal judge has refused to end a discrimination suit against Charlotte's public housing authority Inlivian, finding that several material disputes remain about whether an ex-worker faced retaliation after whistleblowing.
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August 07, 2025
Judge Says Wis. Tribal Roads Must Stay Open
Four Wisconsin tribal roads at the crux of a yearslong dispute over trespassing allegations must permanently remain open to the public, a federal court judge has ordered, saying there is no doubt that the town of Lac du Flambeau provided maintenance to them for decades despite an expired 50-year easement.
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August 07, 2025
Loan Servicer Inks $2M Deal With Mass. AG Over Foreclosures
A mortgage servicing firm will pay $2 million to settle allegations that it violated Massachusetts consumer protection, debt collection and foreclosure prevention laws while previously operating as a direct loan servicer, the state attorney general's office announced on Thursday.
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August 07, 2025
Texas Senate OKs Lower Voter-Approval Property Tax Rate
Texas would reduce its voter-approval property tax rate, the maximum rate a local government may adopt without voter approval, for large taxing units under a bill passed by the state Senate.
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August 07, 2025
Smoke Taint Evidence Complicates Recovery For Wineries
Recent widespread fires in and around California's wine-producing regions, which produce a vast majority of the nation's wine, have spurred concern from policyholders and public officials over how wineries can seek coverage for smoke tainting their products. Victor Jacobellis, an insurance recovery attorney at Merlin Law Group, spoke to Law360 about the implications of smoke taint as well as a Senate bill that could provide a baseline standard for measuring it.
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August 07, 2025
Trump Greenlights Private Equity, Crypto 401(k) Investing
President Donald Trump signed an executive order Thursday that aims to make it easier for retirement plans to invest in a wider range of assets, including cryptocurrency, private equity and real estate.
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August 07, 2025
Housing Advocates Say Opponents Stole Name For PAC
A housing advocacy nonprofit in the Boston suburb of Newton say that opponents of a zoning measure appropriated its name, "Newton for Everyone," for a political action committee to fund candidates opposing the plan, violating its trademark rights and other laws.
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August 07, 2025
Texas Bill Seeks Two-Thirds Vote To Exceed Max Tax Rate
Texas would require two-thirds approval from voters to allow local taxing entities to increase property taxes beyond a maximum rate permitted by law without a vote under a bill introduced in the state House of Representatives.
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August 07, 2025
NY AG Says Landlord Overcharged City Subsidized Tenants
The New York Attorney General's Office has filed a lawsuit in state court against a New York City landlord who it says overcharged rent-stabilized tenants receiving subsidies and then sued some of the tenants for nonpayment.
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August 07, 2025
Former LVMH Atty Joins Realtors Association's Legal Team
The National Association of Realtors announced Aug. 7 it has appointed as its vice president of litigation and associate general counsel the former vice president of legal affairs and head of litigation at LVMH Moet Hennessy Louis Vuitton Inc.
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 06, 2025
Under Pressure, Higher Ed Leans On Real Estate
As institutions of higher education contend with declining enrollment and federal funding cuts, some are finding creative ways to monetize their real estate, which comes with important legal considerations, according to attorneys.
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August 06, 2025
Aimco Agrees To $740M New England Portfolio Sale
Real estate investment trust Apartment Investment and Management Co. will get paid $740 million for selling off a 2,719-unit portfolio of five New England apartment properties to an affiliate of real estate investor and manager Harbor Group International LLC, Aimco announced Wednesday.
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August 06, 2025
Ex-Homeowners Seek OK On Tax Foreclosure Suit Deal
A proposed class of former property owners asked a Michigan federal judge Tuesday to give initial support to a settlement with several counties that would allow the ex-homeowners to receive the surplus profits they allege the county treasurers made selling their tax-delinquent properties.
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August 06, 2025
Wells Fargo Beats Cert. Bid In Mortgage Racial Bias Suit
Mortgage applicants accusing Wells Fargo of discriminating against borrowers from racial minorities by charging them higher interest rates have been denied class certification, with a California federal court ruling they have failed to show sufficient commonality among their claims.
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August 06, 2025
Colo. Justices Asked To Rule On Pro Se Appeal Authority
A plumbing company and two Colorado homeowners asked the state's Supreme Court on Tuesday to clarify that the Colorado Court of Appeals has jurisdiction to prevent litigants from making "frivolous" pro se filings, contrary to a prior ruling from the court.
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August 06, 2025
Big CRE Brokers Report Stubborn Optimism In Q2 Results
With most of commercial real estate's major brokers posting leasing gains and capital markets closings, executives said recently in announcing second-quarter earnings that they expect activity to continue as clients grow jaded to drama from recent trade disputes.
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August 06, 2025
AmeriFirst Financial Floats Global Deal In Ch. 11 Case
Bankrupt mortgage service provider AmeriFirst Financial Inc. proposed a global settlement of disputes in its Chapter 11 case that will break a months-long roadblock to resolution of its bankruptcy proceedings.
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August 06, 2025
NYC Council Approves Manhattan Mixed-Use Rezoning Plan
A rezoning plan that aims to build more than 9,500 homes in midtown Manhattan was approved Wednesday by the New York City Council's Committee on Land Use and a related subcommittee.
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August 06, 2025
Rising Star: DLA Piper's Katherine Jahnke Dale
Katherine Jahnke Dale of DLA Piper has been a key adviser on a transformation of Chicago's Fulton Market neighborhood, along with projects that include a $7 billion redevelopment near the United Center and a purchase agreement for a former steel plant now envisioned as a technology hub, earning her a spot among the real estate law practitioners under age 40 honored by Law360 as Rising Stars.
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August 06, 2025
Inland Empire Calif. Multifamily Complex Sells For $148M
Broker Marcus & Millichap said it has arranged the $148.4 million sale of a 328-unit multifamily property in Southern California's Inland Empire area from its developer to a New York real estate firm.
Expert Analysis
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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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Addressing Tariff Price Escalation In Construction Contracts
As construction projects across the U.S. face uncertainty surrounding material price increases driven by government-imposed tariffs, owners and developers should draft strong contracts to protect themselves from tariff-related cost overruns and delays, say attorneys at Akerman.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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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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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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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.