"Damages" in an Injury Lawsuit: An Introduction for Lay People
Trial by Jury: Why It Matters in a Democratic Society
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
More than five years after starting in state court before later restarting in federal court, a federal court jury in Missouri has issued a major verdict in litigation concerning the use of electric utility easements for...more
When a public agency acquires a portion of property, under California law the property owner is entitled to “severance damages” — or damages to the remainder portion of the property that was not acquired. Usually,...more
Hurricane Sandy continued to generate a significant amount of litigation during 2014 which resulted in several important property insurance decisions. Most notably, as a result of Sandy and other events, the courts...more
Property owners typically have a lot on their minds when they find out that the government is going to be taking their property. For residential owners, they need to worry about where they are going to live with their...more
Notable 2014 Case Law:
In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more
Mechanics’ Lien -
• An In Rem lien (against real property).
• For the payment of all debts due by an owner to a contractor (or by a contractor to his subcontractors) for Labor or Materials furnished....more
Construction lawyers may not ponder the great questions in life.
We leave that to the estate planning attorneys.
But ponder we do.
And the next case, as I’ll explain below, “kind of” answers 10 important...more
In Texas, more than your dog. Gilbert Wheeler, Inc. v. Enbridge Pipelines (East Texas), L.P. is good news for landowners. The Texas Supreme recognized the intrinsic-value-of-trees exception to the general rule for damages to...more
The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh...more
During the recent resurfacing of Bow Trail there was a message posted on a pylon sign by an adjacent business owner that read “Bow Trail is not Rome. Please Complete” (see “Road Construction Delays Cause Headaches for...more
This week, the North Carolina Court of Appeals waded in waters it doesn't often visit: the back pools of summary ejectment....more
In June 2014, the North Dakota Supreme Court issued its decision in C&C Plumbing & Heating, LLP v. Williams County et al, No. 20130297. The Court articulated a new defense to the application of a “no damage for delay” clause....more
Provisions of California’s Eminent Domain law known as the “entry statutes” have for decades provided a mechanism for a condemnor, prior to initiating condemnation proceedings, to obtain a court order allowing it to enter...more
If a lender delays foreclosure allowing years of default interest to accrue such that a guarantor’s obligation increases from $6 million to $12 million, should the guarantor remain on the hook for the full $12 million? In...more
2013 felt a bit like deja vu, as much of the year was dominated by recurring themes: redevelopment dissolution issues, headlines on the condemnation of underwater mortgages, the U.S. Supreme Court showing interest in takings,...more
Last week, the Court of Appeal issued a decision that may be one of the ones we look back on as among the most significant of 2014 (at least in the world of eminent domain). For years (and certainly for the entire 20 years...more
It's become our custom this time of year to provide our readers with an eminent domain recap from last year along with our thoughts on what to expect in 2014. 2013 felt a bit like déjà vu, as much of the year was dominated...more
Traditional eminent domain trial work is unique. Liability, in the true sense of the word, is not at issue, and very often there is only one simple question for the jury to answer – what amount of money will adequately and...more
Seven cities brought a lawsuit against a county over the calculation of a fee that the county charges for the collection and distribution of property taxes to each city. A trial court entered judgment in favor of the cities...more
As you may recall, last December we reported on the U.S. Supreme Court's decision in Arkansas Game and Fish Commission v. United States, in which the Supreme Court held that government-induced flooding of limited duration may...more
In a landmark environmental case, the United States Supreme Court expanded the scope of potential governmental liability for takings. In Koontz v. St. Johns River Water Mgmt. Dist, 133 S. Ct. 2586 (2013), the Court held that...more
Eminent domain litigation can be expensive. Acquiring small strips of property often costs more in legal and appraisal costs than the value of the property itself. Sometimes public agencies have no choice but to condemn...more
In D’Agostino v. Maldonado, 2013 WL 5476857 (Oct. 3, 2013), the New Jersey Supreme Court weighed in on whether the New Jersey Consumer Fraud Act ("CFA") could be triggered by a complex real estate deal between a purported...more
Under Texas law, a lessee who plants crops on the leased property may have a right to enter the property to harvest the crops even after the termination of the lease if the doctrine of emblements is applicable. Learn more...more
WHAT IS DISTRESS?
Levying Distress means "sending in the bailiffs" to seize a tenant's goods in order to recover arrears of rent. It allows a Landlord to take possession of the tenant's goods on the let premises and...more
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