News & Analysis as of

Commercial Real Estate Business Torts

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

CFPB Loses Borders Case: the Court Construes RESPA’s Statutory ABA Exemption according to its Plain Language

by Foley & Lardner LLP on

On July 12, 2017, a federal district court in Kentucky issued a summary judgment ruling for the defense in the ongoing Borders & Borders case brought by the Consumer Financial Protection Bureau (CFPB or Bureau). In this...more

Free Parking, Yes, But No Stark Law Claim

by Ruder Ware on

A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute....more

Court Puts the Brakes on Whistleblower's FCA Parking Claims

by Baker Ober Health Law on

The Department of Justice (DOJ) reports that, in fiscal year 2016 ending September 30, it obtained more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims. More than half of this...more

What NC Community Associations Need to Know about Fair Debt Collection

by Ward and Smith, P.A. on

Nearly all Community Associations ("Associations") must cope with owners who fail or refuse to pay their periodic assessments (also known as "Dues"). When this happens, the Association, typically acting through its property...more

Suing on Behalf of People You’re Suing Can Sink a Derivative Lawsuit — Especially If You Have a Litigious Nature

by Farrell Fritz, P.C. on

The U.S. reportedly has the world’s highest number of lawyers per capita (1 for every 300 people) and the 5th highest number of lawsuits per capita (74.5 for every 1,000 people, topped only by Germany, Sweden, Israel, and...more

 OTA & Travel Distribution Update - Jan. 13th, 2017

by Garvey Schubert Barer on

OTA & Travel Distribution Update - Jan. 13th, 2017 Chinese tourists spend more via online travel agencies: report Chinese tourists spent more money via online travel agencies (OTA) thanks to rapid growth of e-commerce and...more

T&E Litigation Newsletter- November 2016 #2

by Goulston & Storrs PC on

The Supreme Judicial Court recently issued its decision in Degiacomo v. City of Quincy, No. SJC-11940, 2016 WL 6683970, at *1 (Mass. Nov. 15, 2016), which is the latest chapter in a story that began with a trust established...more

Development of court practice on tax disputes regarding accrual of VAT in connection with transfer of inseparable improvements of...

by Dentons on

On 3 November 2016 the Commercial Court of Moscow delivered a decision in case No. ?40 167541/16 140 1462....more

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

Private Ruling Exempts Property Management Services from Self-Dealing

A new private ruling may be of great interest to clients with substantial real estate interests who wish to contribute one or more properties to a family foundation. The ruling suggests that payment by the foundation to a...more

New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

by Hinshaw & Culbertson LLP on

Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with...more

A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code

The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform...more

Recent North Carolina Court of Appeals Decision Serves as Reminder to Owners Associations

by Ward and Smith, P.A. on

A recent decision by the North Carolina Court of Appeals serves as a reminder that owners associations must deal fairly with their members at all times and board members must not let past disputes or personal issues cloud...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 13 & 20, 2015

by Carlton Fields on

REAL PROPERTY UPDATE - Property Damage/Breach of Contract: insurer failed to prove that it provided insured with notification of its right to mediate at the time insured made his claim pursuant to Florida Statutes,...more

Court Clarifies the Circumstances in which an Expert Determination is Reviewable

by DLA Piper on

The recent decision of the New South Wales Court of Appeal in Australian Vintage Limited v Belvino Investments No 2 Pty Limited [2015] NSWCA 275 has clarified when an expert determination can be reviewed by the court, giving...more

Negligent Misrepresentation Standard Shifts in Contractor’s Favor with Pennsylvania Appellate Ruling

by Saul Ewing LLP on

Contractors and subcontractors who are aggrieved by erroneous information on construction documents may have an easier time proving an architect or other design professional made a negligent misrepresentation that harmed them...more

Are the Days Numbered for a Free Pass for Liability Insurers?

by Nossaman LLP on

Next week the California Supreme Court will hear argument in Fluor Corporation v. Superior Court, a case which raises (again) the question whether an insurer must provide coverage for third party claims arising from injuries...more

Tennessee “As Is” Property Buyers Better Beware

by Butler Snow LLP on

A recent Tennessee Court of Appeals decision reinforces that parties to a contract are free to disclaim reliance on representations made by the other party. In Terry Pritchett v. Comas Montgomery Realty & Auction...more

Must the Lessee Be Wary of the Executive Right Owner?

by Gray Reed & McGraw on

You are negotiating to take a big oil and gas lease. The run sheets show you are dealing with an executive right owner on behalf of himself and his NPRI owner. His proposed terms are odd: a lower-than-market royalty and a...more

Locke Lord QuickStudy: Range Resources Case

by Locke Lord LLP on

On March 6, 2015, the Texas Supreme Court decided a case involving the duties owed to the non-executive holder of a nonparticipating royalty interest by both the executive rights holder and the lessee that negotiated the...more

The Executive Right and the NPRI – What is the Relationship?

by Gray Reed & McGraw on

The duty owed by the executive right holder to its non-participating royalty interest holder in Texas, long haunted by the ghost of Clinton Manges, is again examined. From KCM Financial, et al. v. Bradshaw and its...more

Are exclusivity clauses and restrictions on user in leases in breach of competition law?

by Dechert LLP on

Although the UK competition regime has applied to land agreements since 29 June 2010 [with the enactment of The Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010], until recently there has been only an...more

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

by Wilson Elser on

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

Middle District of Pennsylvania: Neither Unprofessionalism of Lower-Level Claims Employees Nor Failure to Interview Insured’s...

by Saul Ewing LLP on

Honesdale Volunteer Ambulance Corp. Inc. v. Am. Alternative Ins. Corp., CIV.A. 3:11-1488, 2014 WL 1203317 (M.D. Pa. Mar. 24, 2014) - Middle District of Pennsylvania grants summary judgment on bad faith claim where...more

Update on 2013 Amendments to the Oregon Environmental Cleanup Assistance Act

by Cozen O'Connor on

In June 2013, the Governor of Oregon signed into law Senate Bill 814, which created sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of...more

100 Results
|
View per page
Page: of 4
Cybersecurity

Follow Commercial Real Estate Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.