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The Graber Opinion is Confirmed as an Outlier in Matters Involving Texas Appraisals

With the continued onslaught of hail and other weather related litigation in Texas, insurance carriers often elect to resolve claims through the appraisal process outlined in the policy. Insurance carriers historically...more

Safety Issue Can Be “Hardship” Justifying A Zoning Variance

The Massachusetts standard for granting a zoning variance is notoriously difficult to meet. In a nutshell it requires proof that: (1) due to circumstances concerning soil conditions, the shape of the lot, or the topography...more

Recent Federal Court Decision Adds Clarity to “Ordinary Wear and Tear” Lease Provisions

Most veterans of commercial leasing are familiar with the concept of a surrender clause but might not have been tasked with negotiating its meaning following lease expiration. A recent federal court decision sheds light on...more

Supreme Court defended secured creditor stating that premises in insolvency management shall be treated as being part of the...

In Russian insolvency procedures, it is quite common for third parties to try to exclude property from a debtor’s insolvent estate (konkursnaya massa) by claiming title to its real property in the absence of the registered...more

2016-2017 Arizona Case Law and Legislative Developments Affecting Commercial Real Estate and Lending

Pending Arizona Legislation – GPLET Transactions - House Bill 2213, which recently passed the Arizona House by a 50-9 margin, would impose a number of restrictions on Arizona’s GPLET program. The GPLET statute was...more

Have We Seen the Last Dance for Quantitative Before Condition Goodwill Valuations?

When a business is taken as a result of a public improvement, the business is entitled to seek compensation for, among other things, loss of business goodwill. Typically, this loss is calculated by measuring the business’...more

Pending Appeal in Michigan Supreme Court May Warrant Filing a Protective Property Tax Appeal This Year

On February 1, 2017, the Michigan Supreme Court ruled that it would hear oral arguments on the application for leave to appeal in Menard. One of the issues to be considered is “whether the Michigan Tax Tribunal may utilize a...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

Initiating Unlawful Detainer Actions: Perfection Not Required

In November 2016 the California Supreme Court ordered that a decision from the appellate division of the San Diego Superior Court in U.S. Financial, L.P. v. Michael McLitus (“McLitus”) be published. ...more

Valero Refining-Texas, L.P. v. Galveston Central Appraisal District: A Strategic Opportunity?

The Texas Supreme Court recently handed an owner of a Texas oil refinery a significant victory in Valero Refining-Texas, L.P. v. Galveston Central Appraisal District, No. 15-0492, 2017 WL 727276 (Tex. Feb. 24, 2017). In a...more

Supreme Court decision slashes empty rates bills for developers

The rateable value of commercial premises is generally equal to the rent payable under a hypothetical letting on the relevant assessment date. There are some express statutory assumptions for this – it is to be an annual...more

Arizona Attorney General Secures Dismissal of 1,700 Lawsuits By Serial Plaintiffs

Seyfarth Synopsis: A state court has granted the Arizona Attorney General’s Motion To Dismiss approximately 1,700 Arizona access lawsuits on grounds that the organizational and individual plaintiffs lacked standing to sue....more

Land Court Finds that Texting Can Bind Parties

The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy...more

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers....more

Professional negligence: Another decision on liability for identity theft leaves the law uncertain

In Dreamvar (UK) Limited v (1) Mishcon de Reya (a firm) and (2) Mary Monson Solicitors Limited [2016] EWHC 3316 (Ch), Mr David Railton QC, sitting as a Deputy High Court Judge in the Chancery Division of the High Court of...more

BEWARE: Certain Acts of Community Management Companies Constitute the Unauthorized Practice of Law in South Carolina

In an opinion expected to affect community management companies and owners’ associations throughout the State, the South Carolina Supreme Court has provided clarification as to what it deems to constitute the unauthorized...more

When it Rains it Floods: California Rainstorms and Flood Insurance

Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has...more

Depreciation of Labor Costs Class Action: Nebraska Supreme Court Rules In Favor of Insurer

I’ve regularly followed on my blog key developments in the numerous class actions against the insurance industry involving the application of depreciation to the labor cost component of estimated replacement cost value in...more

Recent California Court of Appeal Decision Invalidates Jury Trial Waiver Made Under New York Law

A recent California Court of Appeal decision may have a major impact on the enforceability of jury trial waivers in loan agreements and other documents governed by New York law. In Rincon EV Realty LLC v. CP III Rincon...more

So you think you can avoid California’s anti-jury waiver?

The California Court of Appeal for the First Appellate District in San Francisco recently held that commercial borrowers are entitled to a trial by jury even though they signed loan documents that contained a jury waiver...more

I Have a Judgment, Now What? Priority of Judgments

Litigation can often be long and tiresome. Unfortunately, a successful verdict does not always lead to the desired outcome – the defendant paying up. Previous parts of this series addressed other aspects of collecting and...more

Michigan Tax News - January 2017

Michigan’s 2017 property tax assessment notices are in the mail. Should you appeal? Local assessors are in the process of sending annual notices of real and personal property tax assessments to property owners/taxpayers,...more

New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases

As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more

D.C. Superior Court Denies Nursing Facility Residents Protection Under TOPA

The D.C. Superior Court recently denied residents of a nursing facility protections under the Tenant Opportunity to Purchase Act (“TOPA”) (D.C. Code § 42-3401 to -3405) when the residents sought an injunction to temporarily...more

Defence & Indemnity - December 2016: IV. PRACTICE ISSUES B.

The Plaintiff did not show a “want of diligence” in failing to take any proactive steps in discovering and naming the landlord of a nightclub as a defendant in a personal injury action five-and-a-half years after the...more

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