Personal Injury, Civil Procedure, Residential Real Estate

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

by Alex Figares, Adam F. Haimo | Bilzin Sumberg Baena Price & Axelrod LLP on 4/5/2013

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more

Ohio Appeals Court Affirms Dismissal Of City’s Public Nuisance Suit Against Banks

by BuckleySandler LLP on 4/5/2013

On March 21, the Court of Appeals of Ohio, Eighth Appellate District, affirmed a trial court’s dismissal of a suit by the city of Cleveland, which sought damages from several financial institutions involved in the creation of...more

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

by Joseph Fenech | Low, Ball & Lynch on 2/4/2013

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more

$193 Million RMBS Suit Against Countrywide Dismissed as Untimely

by Orrick - Structured Finance Group on 1/23/2013

On January 10, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed a $193 million suit brought by mutual fund Asset Management Fund against several Bank of America...more

Homeowners May Sue Design Professionals For Construction Defects

by Jon E. Goetz | Kronick, Moskovitz, Tiedemann & Girard on 1/22/2013

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more

Texas Supreme Court Applies Daubert-Type Standards to Lay Testimony

by S. Vance Wittie | Sedgwick LLP on 1/14/2013

Texas has long adhered to the “Property Owner Rule,” permitting property owners to testify as to the value of their property. Recent cases have emphasized that the testimony must relate to market value, rather than intrinsic...more

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

by Shawn Pulver | Heenan Blaikie LLP on 1/7/2013

We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more

Lack Of Factual Detail In Record Raised Issues Concerning Statute Of Limitations In Real Estate Transaction Lawsuit

by Schecter Law on 12/28/2012

In Xavier v. Leviev Boymelgreen Marquis Developers, LLC, 3D11-549(Fla. 3d DCA, Nov. 21, 2012), Maiko A. Xavier and Gricell B. Perez (“Plaintiffs”) sought review of the trial court’s dismissal with prejudice of their real...more

Argument Report: When May the Homeowners' Association Security Stop and Detain?

by Sedgwick LLP on 12/1/2012

Our reports on the civil oral arguments of the Illinois Supreme Court's November term conclude with Poris v. Lake Holiday Property Owners Association. ...more

Illinois Supreme Court to Consider Possible Limits on Homeowners Association Security

by Sedgwick LLP on 11/9/2012

Our preview of the civil cases on the Illinois Supreme Court's November oral argument docket continues with Poris v. Lake Holiday Property Owners Association, a case which poses a number of interesting questions about the...more

DISPUTE RESOLUTION: Climate Change Litigation: Ninth Circuit Rejects Plaintiffs’ Claims for Damages for Alleged Climate...

by King & Spalding on 10/8/2012

In Native Village of Kivalina v. ExxonMobil Corp., No. 09-17490 (9th Cir. Sep. 21, 2012), a panel of the Ninth Circuit unanimously affirmed the dismissal of an action brought by plaintiffs who sought $400 million in damages...more

Can The Neighbors Sue the Family Farm Across the Street?

by Sedgwick LLP on 9/12/2012

Our preview of the September term of the Illinois Supreme Court continues with Toftoy v. Rosenwinkel. We all learned about it in law school, and few of us have probably thought of the phrase since: “coming to a...more

Civil Procedure

by Sedgwick LLP on 9/6/2012

UPDATED THROUGH SEPTEMBER 4, 2012 Discovery – Adverse Medical Incidents. Did the trial court depart from the essential requirements of the law by granting a request to produce records of adverse medical incidents...more

Pit Bulls ‘Inherently Dangerous’ Says Maryland Appeals Court

by Lawyers.com on 7/19/2012

In a case being closely watched by animal advocacy groups and property owners, the Maryland Court of Appeals has ruled that pit bulls (and pit mixes) are “inherently dangerous” and their owners and those in control of the...more

Insurance Coverage: March 2012

by Low, Ball & Lynch on 6/1/2012

Villa Los Alamos HOA v State Farm General Ins. Co. (2011) 198 Cal.App.4th 522 The Association hired a contractor to remove ceiling material from ceilings and staircases, in the process releasing asbestos fibers into a...more

The Importance of Pleading Alternative Theories in a Lawsuit

by Schecter Law on 5/16/2012

Feldman v. Villa Regina Association, Inc., No. 3D10-1328 (Fla. 3d DCA May 2, 2012) This case involved a number of claims arising from alleged water intrusion, and damage to a condominium unit therefrom. At the inception...more

CT Supreme Court Answers Question Posed by the 2nd Circuit Court of Appeals on Insurance Coverage - And Makes New Law in the...

by Pullman & Comley, LLC on 3/23/2012

On March 16 the Connecticut Supreme Court issued a decision in the case of Arrowood Indemnity Co. v. King that not only answered a few arcane insurance questions, but also resulted in a major shift in Connecticut insurance...more

Class Action Lawsuits Against Condo Developers

by Heenan Blaikie LLP on 3/15/2012

Last August we blogged about several incidents of breaking glass on balcony railings in some downtown Toronto condos. As a result of those incidents two class actions have been commenced against the developers and the...more

Minor's Alcohol-Related Death Foreseeable: No "Occurrence" Within the Meaning of a Homeowner's Policy Court of Appeals of Ohio

by Sedgwick LLP on 2/2/2012

Court of Appeals of Ohio In Sheely v. Sheely, 2012 WL 34451 (Ohio Ct. App. Jan. 9, 2012), the Court of Appeals of Ohio held that a 16-year-old girl's death caused by alcohol that had been...more

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Personal Injury › Civil Procedure › Residential Real Estate