More Real Estate Coverage

  • January 19, 2024

    Army Corps Escapes Ohio River Tugboat Service Suit

    An Ohio federal judge has let the U.S. Army Corps of Engineers out of a construction and asphalt company's suit over an allegedly unauthorized tugboat service on the Ohio River, writing in his opinion that the Corps is not properly a defendant just for owning the land the service is using.

  • January 18, 2024

    Biz, Insurer Settle $10.5M Military School Construction Dispute

    A contractor and its insurer have settled a $10.5 million lawsuit seeking coverage for shoddy construction work on a school on a military base, according to a joint statement Thursday in Maryland federal court.

  • January 18, 2024

    Va. Landlord Charged With Preying On Low-Income Minorities

    A Virginia grand jury has indicted a Hampton-based landlord for an alleged scheme to rake in government housing-assistance payments by exploiting vulnerable African American tenants whom he threatened to evict for late payments using violence and racist remarks.

  • 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.

Expert Analysis

  • Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

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    In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

  • The Supreme Court Is At War With Itself On Extraterritoriality

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    The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.

  • 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.

  • C-PACE Laws Offer Boost For Sustainable Development

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    As more emphasis is placed on energy-efficient infrastructure and sustainability projects, state laws establishing property assessed clean energy financing — known as C-PACE in the commercial context — have become increasingly relevant to project developers' capital stacks, say attorneys at Frost Brown.

  • RICO Ruling Makes US More Attractive Foreign Creditor Forum

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    The U.S. Supreme Court's decision in Yegiazaryan v. Smagin, allowing a foreign plaintiff to use the Racketeer Influenced and Corrupt Organizations Act to enforce a foreign arbitral award, will make judgment creditors more likely to seek out U.S. courts to remedy efforts to frustrate the enforcement of international arbitration awards, say attorneys at Paul Hastings.

  • IRS Guidance Powers Up Energy Tax Credit Transfers

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    Recent IRS guidance on the monetization of energy tax credits provides sufficient clarity for parties to start negotiating transfer agreements, but it is unclear when the registration process required for credits to change hands will be up and running, say attorneys at Shearman.

  • LA's High-Value Real Estate Transfer Tax Should Be Scrapped

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    Los Angeles’ recently implemented high-value property transfer tax has chilled the real estate market, is failing to meet revenue expectations and raises significant constitutional concerns, making it a flawed piece of legislation that should be invalidated, says attorney Paul Weinberg.

  • Sackett's US Waters Redefinition Is A Boon For Developers

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    The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.

  • SEC Form PF Amendments Show Private Fund Adviser Focus

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    The U.S. Securities and Exchange Commission recently adopted amendments to Form PF that will establish new event-reporting requirements for private equity and large hedge fund advisers, reflecting the SEC's increased attention on the private markets also seen in its stated examination priorities and latest rule proposals, say attorneys at King & Spalding.

  • What Tax-Exempt Orgs. Need From Energy Credit Guidance

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    Guidance clarifying the Inflation Reduction Act’s credit regime, expected from the U.S. Department of the Treasury this summer, should help tax-exempt organizations determine the benefits of clean energy projects and integrate alternative energy investments into their activities, say attorneys at Morgan Lewis.

  • As Sackett Trims Feds' Wetlands Role, States May Step Up

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    The U.S. Supreme Court's recent decision in Sackett v. U.S. Environmental Protection Agency extinguishes federal authority over many currently regulated wetlands — meaning that federal permits will no longer be required to discharge pollutants in affected areas, but also that state regulators may take a more active role, say attorneys at Kelley Drye.

  • 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.

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