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Bad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract...

Two recent New York federal court decisions – 433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No....more

Legal Solutions, September 2013

Legal Solutions: the quarterly client newsletter from Sullivans Law: September 2013...more

Disclosing Lawsuits To Buyers Of Residential Property

Sellers of existing residential property are required by California law to make various disclosures to a prospective buyer. [See generally Disclosures In Real Property Transactions, published by the California Department of...more

Legal Solutions, June 2013

Legal Solutions: your quarterly client newsletter from Sullivans Law: June 2013 ...more

CEQA Litigation: The Cost Of Doing Business In California

There has been a lot of news lately on the costs of CEQA litigation, as well as the potential for the statute to be used as a tool to stop development, good or bad, or exact concessions or pay-offs. What is CEQA? CEQA, or...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

Maryland establishes tort duty of care for title companies

On January 29, 2013, the Maryland Court of Appeals issued a decision that your title company can now be sued for negligent title searching, and for preparation of an incorrect or incomplete title commitment. This duty of...more

MARYLAND TITLE COMPANY CAN BE LIABLE IN NEGLIGENCE FOR TITLE SEARCH ERRORS

Does a title company owe a tort duty of care to its customer when conducting a title search? And, if such a duty exists and is breached, is a title insurance company vicariously liable for the title company’s negligent title...more

Attorney's Participation in a Presentation to Potential Real Estate Investors Did Not Create a Duty Actionable Under Section 10(b)...

The US Court of Appeals for the Seventh Circuit last week denied federal securities and related state law claims by a group of investors, which were brought against attorneys for statements made during a presentation...more

Litigation: Broker Commission & Unjust Enrichment; Village Road vs. Private Road

New York Case Law Summaries for July 30, 2012 include New York Court of Appeals decisions on 1) a broker suing to recover a commission and for unjust enrichment; and 2) a village attempting to convert a road to public use...more

Can formatting and font size in your contracts create liability? You bet.

Can formatting and font size in your contracts create liability? You bet. Believe it or not, the wrong font size and type style in a contract can get you into legal hot water. Here are a few examples from Texas law that...more

What Subscription Agreements Should Contain – Bruce E. Methven

The investor subscription agreement is the third major document used in private placement securities offerings, along with the investor questionnaire and the private placement memorandum or PPM. A number of provisions...more

Points to Consider for Your Private Placement Memorandum

A private placement memorandum or PPM is the main information document for potential investors. It’s like a business plan on steroids, adding required and recommended details and legal language for an offering. It goes by...more

Daily Report Article - "HOAs can decide rules enforcement"

Eleven-year-old case ends with Summary Judgment in favor of the association. Gwinnett County judge says homeowners associations may choose not to intervene in disputes over covenants....more

New Westchester County NY - Application for Index Number

As of January 17, 2012, the following case types must be commenced electronically via the NYSCEF System in Westchester County: • Article 75 (arbitration) • Commercial, including Commercial Division eligible • Consumer...more

What Is Rescission In Contracts Law?

From legal perspective, rescission of a contract is distinguishable from cancellation of a contract. Rescission reverts the contract to the day it had not been signed as if the contract had not been made. In fact, the...more

The 123s of Current North Carolina Lien Law: Issues for Owners

Issues for Owners facing a Lien on their Property in North Carolina....more

Common Sense Tip: Don't Lose Your Cool When Sued!

What to do immediately if you are sued....more

The ABCs of Current Lien Law in North Carolina

Explanation of the current lien law in North Carolina for contractors and design professionals....more

Defining "Substantial Completion" on the Construction Project

This article discusses the legal concept of "substantial completion" on the construction project....more

Defining the Architect's and Engineer's "Standard of Care"

This article discusses the legal "standard of care" for architects, engineers, and other design professionals on construction projects....more

The 6 Implied Warranties on NC Construction Projects

This article discusses the 6 implied warranties for construction projects in North Carolina, and contains information that every builder or owner should know....more

United Kingdom: damages for interference with property rights

Following up on her recent article on the grant of an injunction to enforce property rights, Michelle Farmer of Druces LLP's property litigation department examines a recent High Court decision where damages were awarded in...more

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