A More Perfect Union: Why Punish Russia for Crimea?
Highlights from the Oral Argument in Halliburton v. Erica P. John Fund
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
PennDOT to Increase Number of Pennsylvania Bridges with Weight Restrictions
Harvey Miller: Detroit Will Be In Bankruptcy "For A Long Time"
Grayson: Only 1 Agency Should Regulate Wall Street
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Coyle: Robert's SCOTUS Doesn't Respect Congress
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
What's So Funny About The U.S. Constitution? Colin Quinn's Unconstitutional: Off-Broadway
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
On June 10, 2011, Nevada enacted Assembly Bill 273 (AB 273). As codified at NRS 40.459(1)(c), AB 273 limits the ability of a loan purchaser to collect a deficiency on the note and guarantees by basing the deficiency...more
In February, the New Mexico Supreme Court rejected the practices widely used to pursue mortgage foreclosure in New Mexico. In two opinions, Bank of New York v. Romero and Bank of America v. Quintana, the Court threw out...more
In a case decided February 26, 2014, State of Maryland v. Stanley Goldberg, et al., No. 8, September Term, 2013, the Maryland Court of Appeals found that legislation that replaced the remedy of ejectment with a...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
AC35167 - Perugini v. Giuliano:
Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more
On February 13, the New Mexico Supreme Court held that a borrower’s ability to repay a home mortgage loan is one of the “borrower’s circumstances” that lenders and courts must consider in determining compliance with the New...more
Landowners routinely have to give up something in return for a government agency's granting a discretionary permit. Developers are quite familiar with these requirements, as they are consistently compelled to dedicate...more
If you have ever filed a zoning application and been subjected at the public hearing to a version of the game show “Let’s Make a Deal,” you may find of interest a June 2013 decision by the U.S. Supreme Court that addresses...more
Landowners assert a requirement that they provide an aircraft overflight easement before obtaining a building permit constitutes a taking of their property without just compensation. The court of appeal held that the...more
I saw a couple of California redevelopment-related stories over the past week that seemed worthy of at least a brief comment.
First, a court decision involving a rather bold argument by a public agency. ...more
Landowners routinely have to give up something in return for a government agency’s granting a discretionary permit. However, there are limits, as the government agency cannot typically demand conditions that are not...more
The United States Supreme Court decisions in Nollan and Dolan provide landowners with a useful tool for seeking compensation when government agencies use their land use authority to exact valuable property rights and other...more
In a decision two years in the making, on Wednesday, November 27, 2013, the Sixth Circuit Court of Appeals brought some clarity to the use of affiliated business arrangements (“ABAs”) under Real Estate Settlement Procedures...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
Many cities have struggled with the effects of foreclosures.
But given the complex mix of state laws that often governs the issue, how much authority do local governments have in this area?
A First Circuit case,...more
On November 6, the U.S. District Court for the Northern District of California dismissed without prejudice as not yet ripe for determination a suit by investors seeking to preempt a California city’s plan to use its eminent...more
On November 4, 2013, the New Jersey Appellate Division in Suser v. Wachovia Mortgage, FSB, et al. affirmed a homeowner’s right to file a prospective quiet title action to affirmatively challenge a bank’s standing to foreclose...more
On October 30, the CFPB filed an amicus brief in Edwards v. First American, a long-running case concerning the anti-kickback provisions of the Real Estate Settlement Procedures Act (RESPA) that is currently pending in the...more
Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed...more
I. FLORIDA STATE CASES – ILAN NIEUCHOWICZ -
- Foreclosure: issue of fact concerning authenticity of “original” promissory note precluded summary judgment – AG Beaumont 1, LLC v LSREF2 Oreo, No. 2D12-5873 (Fla. 2d DCA...more
On June 25, 2013, the U.S. Supreme Court release its decision in Koontz v. St. John's River Water Managment District. Koontz has been called the most significant takings case since Kelo v. City of New London and has been...more
On September 11, 2013, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review challenging a San Jose ordinance that imposed "inclusionary" housing obligations on housing...more
On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that Mississippi's "Stop Notice" statute is unconstitutional because it deprives...more
Eminent domain actions are unique in that "the court, rather than the jury, typically decides questions concerning the preconditions to recovery of a particular type of compensation, even if the determination turns on...more
Future legislation may impact current CC&R obligations. In an important decision for all communities, homeowner associations, builders, and developers, the Arizona Court of Appeals recently held that new laws may apply...more
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