Civil Procedure Business Organization Residential Real Estate

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Idaho Real Estate & Development Law Update: Lack of Corporate Formalities Will Not Destroy the Limited Liability Protection...

In the case of Wandering Trails v. Big Bite Excavation released June 18, 2014, the Idaho Supreme Court clarified the requirements for piercing the veil of a limited liability company or LLC and thereby imposing liability on...more

Illinois Supreme Court Reaffirms Forcible Entry Remedy, Reversing in Spanish Court Two Condominium

One of the two most anxiously awaited cases on the Illinois Supreme Court’s civil docket was handed down this morning, and it was a big win for Illinois condominium associations: a sharply divided Court reversed the...more

Federal Court Dismisses FCA Claims Against Bank’s Outside Directors

On January 3, the U.S. District Court for the Northern District of Illinois held that a relator failed to support allegations that the outside directors of a failed bank misrepresented to the FDIC the quality of the bank’s...more

Federal Court Allows FDIC D&O Suit Involving Business Judgment Rule To Proceed

On November 14, the U.S. District Court for the Southern District of West Virginia denied motions to dismiss filed by former officers and directors of a failed federal thrift who allegedly contributed to the bank’s collapse...more

Editorial: Fla.'s 'Safe Harbor' Most Litigators Are Not Familiar With

First mortgage lenders acquiring title to collateral consisting of condominium units or homes in a homeowners community are afforded protection against assessment liability under both the Florida Condominium Act (Chapter 718...more

Weekly Law Resume - August 15, 2013: A Homeowner’s Lawyer May Not Attend HOA Meetings Without HOA Approval

SB Liberty, LLC v. Isla Verde Association, Inc. - Court of Appeal, Fourth Appellate District, Division One (May 22, 2013) - In 2006, Gregg and Janet Short purchased a home in the Isla Verde residential community...more

LPS Mortgage Monitor July 2013 Mortgage Performance Observations

The June Mortgage Monitor report released by Lender Processing Services (NYSE: LPS) found that the nearly 10 percent spike in the national delinquency rate reported in the company’s “First Look” at mortgage performance was...more

Appellate Notes: Week of July 15th

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Court Of Appeal Makes Condominium Association Foreclosures More Costly

The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales. The Third District’s opinion in Aventura Management, LLC v. Spiaggia...more

Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision

May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In...more

Is FDIC v. Van Dellem California’s Smith v. Van Gorkom?

Last Friday, the jury in FDIC v. Van Dellem (C.D. Cal. Case No. CV 10-4915 DSF (SHx)) returned a verdict totalling nearly $169 million against three former officers of the home builder division of IndyMac Bank, F.S.B. The...more

MoFo New York Tax Insights - Volume 3, Issue 11 - November 2012

In This Issue: Appellate Court Holds “Reconstitution” of Housing Cooperative Is Not Subject to City Transfer Tax; Trial Court Upholds Retroactive Application of 2010 Statutory Amendment; Tribunal Holds S Corporation...more

Opinion Letters – Do's and Don'ts (Ethics, Professionalism and Malpractice Avoidance)

Originally published in Volume 34; Number 1 - Real Property e-newsletter, The Official Publication of the Real Property Section of the North Carolina Bar Association - September 2012. This article contains practical...more

The Rules of Operational Risk

IN THIS ARTICLE Framework Controlling Credit Risk Four Basic Rules Six Even More Basic Rules Articles and Newsletters __________________________________________ Framework First and foremost, compliance decisions...more

Corporate and Financial Weekly Digest - June 8, 2012

In this issue: - Banking Regulators Propose Basel III Capital Rules - NFA Reminds Members of BSA Electronic Filing Requirements - IOSCO Publishes Final Derivatives Market Intermediary Report - Delaware...more

Jumping Into the Future: New Jersey’s New Recording Law

Jumping Into the Future: New Jersey’s New Recording Law by Bob Marsico on May 16, 2012 Early in 2012, the State of New Jersey took a significant step into the future by adopting a thorough update of the state’s decades...more

Weekly Law Resume - April 19, 2012: Homeowners Associations – Modification of Supermajority Voting Requirement

Quail Lakes Owners Association v. Vladimir F. Kozina Court of Appeal, Third District (March 8, 2012) Many homeowners associations were founded with rules that require a “supermajority” (typically more than 2/3 of the...more

Florida Court Expands Homeowner Association Implied Warranties: HB1013 and SB 1196 Help Florida Developers By Holding Implied...

Florida developers and Florida real estate investors are monitoring not only what happens on appeal in the case of Lakeview Reserve HOA vs. Maronda Homes but also what the Florida Legislature is doing with HB 1013 and its...more

Party Who Pursues Litigation to Enforce CC&Rs Needs to "Get Ducks in a Row" Prior to Suing

In Salehi v. Surfside III Condominium Owners’ Association, 2011 DJDAR 16552 (2011), the California Court of Appeal for the Second Appellate District decided a case illustrating the pitfalls of a plaintiff pursuing litigation...more

Construction OberView: Condo Unit Owners Have Right of Action Against Council of Unit Owners for Failing to File Timely Suit...

The Maryland Court of Special Appeals has recognized a cause of action by individual condominium unit owners where the council of unit owners has failed to take timely legal action against the project’s developer to address...more

Weekly Law Resume - December 29, 2011: Civil Procedure: Award of Attorney Fees Pursuant to Civil Code section 1354 (c)

Susan J. Salehi v. Surfside III Condominium Owners’ Assoc. Court of Appeal, Second District (November 14, 2011) This case examined who is a “prevailing party” within the meaning of Civil Code section 1354(c)....more

Illinois Appellate Court Upholds Denial of Religious Property Tax Exemption

In Armenian Church of Lake Bluff v. Department of Revenue, the First District Appellate Court upheld the denial of a property tax exemption for a 5-acre property on the shore of Lake Michigan improved with a single family...more

Two Recent Georgia Banking Decisions Hold Important Lessons for Lenders

In response to the nation’s consumer, business, and governmental financial woes, a judicial backlash is developing wherein the financial services industry is increasingly being held accountable for strict, rather than...more

Weekly Law Resume - January 6, 2011: Homeowners' Association CC&R's - Statute of Limitations

Philip Schuman, et al. v. Allan Ignatin, et al. Court of Appeal, Second District (December 23, 2010) Typically, homes in common interest developments are subject to covenants, conditions and restrictions, commonly known...more

Weekly Law Resume - November 4, 2010: Homeowners' Association - Judicial Deference to Board Decisions

Affan v. Portofino Cove Homeowners' Association Court of Appeal, Fourth District (October 29, 2010) Maintenance of common areas in condominiums or other common developments is a frequent area of dispute and litigation....more

26 Results
|
View per page
Page: of 2

Follow Civil Procedure Updates on: