Residential Real Estate Alternative Dispute Resolution (ADR) Civil Remedies

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Changes to Arizona Purchaser Dwelling Act Affect Sellers and Construction Professionals

In its last session, the Arizona legislature amended the statutes governing Purchaser Dwelling Actions, A.R.S. 12-1361 et seq., and Homeowner Association Dwelling Actions, A.R.S. 33-2001 et seq., relating to claims against...more

Locke Lord QuickStudy: Rhode Island Superior Court Decision Impacting Servicers

A Rhode Island superior court recently ruled that, pursuant to R.I. Gen. Laws § 34-27-3.2, foreclosing lenders are required to send mediation notices in any foreclosure initiated after the effective date (October 2014)...more

Senator Allain Proposes Mandatory Mediation in Legacy Lawsuits

Legacy litigation refers to hundreds of lawsuits in Louisiana seeking damages allegedly related to environmental harm caused by oil and gas exploration and production activities. These lawsuits have been likened to winning...more

Chapter 40 Reform Provides Relief for Nevada Homebuilding Industry

Nevada Gov. Brian Sandoval signed into law AB 125 (2015) ushering in critical reforms for Nevada’s construction defect laws. The law, which the Nevada Legislature passed this past Friday, Feb. 20, 2015, provides crucial...more

Too Little, Too Late: Seventh Circuit Reaffirms the Limits of a Registration Proceeding Under 28 U.S.C. § 1963

In Goldman v. Gagnard, No. 12-2706 (June 27, 2014), the Seventh Circuit (in an opinion authored by Judge Tinder) waded into a long-running, continent-spanning dispute, which it characterized as “Dickensian” in character,...more

Neutrals create streamlined process for resolving natural disaster cases

Originally published in the Daily Journal on March 15, 2013. With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas...more

Ober|Kaler Obtains Confirmation of Significant Arbitration Award for Condo Unit Owner’s Claim

Ober|Kaler Construction Group principal Raymond D. Burke and associates Matthew T. Vocci and Jackson B. Boyd secured judicial confirmation last year in the Circuit Court for Baltimore City of a significant arbitration award...more

Attorney Gambles Chasing Fees and Loses Big

Originally published in Litigation News, American Bar Association (November 2012). As lawyers often advise their clients, any litigation involves some element of risk, and “there is no such thing as a slam dunk.” A...more

Waiver Of Attorney Fees Contained In Residency Agreement Is Contrary To Public Policy

In Bickel v. Sunrise Assisted Living, 206 Cal.App.4th 1 (2012), the California Court of Appeal for the Fifth Appellate District decided a fee case under the Elder Abuse Statute contained in Welfare and Institutions Code...more

Failure to Engage in Mandatory Contractual Mediation Bars Fee Claim

In Cullen v. Corwin, 2012 DJDAR 7533 (2012), the Third District Court of Appeal decided a unique attorney fee case arising under a standard form real estate purchase contract. The court concluded that there was a procedural...more

Weekly Law Resume - June 14, 2012: Real Estate Sales Contracts – Mediation Provision as a Bar To Recovery of Attorneys’ Fees

Joe Cullen, et al. v. Paul Corwin, et al. Court of Appeal, Third District (June 7, 2012) More and more, real estate form purchase agreements have provisions which condition a prevailing party’s right to attorneys’ fees...more

Foreclosure Mediation Program Encouraging Judicial Review of Mediations

Nevada’s Foreclosure Mediation Program recently began sending a form letter (the Letter) to homeowners shortly after participation in the Foreclosure Mediation Program. A copy of the Letter is included on the next page. The...more

Oregon Legislature Changes Non-Judicial Foreclosure Procedures Governor Expected to Sign SB 1552 B Into Law

The Oregon Legislature approved Senate Bill 1552 on March 5, 2012, which will require mortgage lenders to meet new requirements to effectuate a non-judicial foreclosure, including mandatory mediation. Additionally, it will...more

GMA Condo Alert! (Winter 2012 edition)

Now that "the winter that never was" is finally over, we can safely reveal the Winter 2012 edition of our newsletter, featuring the Top 10 Condo Law Cases of 2011. Those of you contemplating a lawsuit or already up to your...more

Provisions In CC&R'S Requiring Arbitration Of Claims Against Developers By Homeowners Associations Or Owners Are Not Enfroceable

In Villa Vicenza Homeowners Ass'n v. Nobel Court Dev., LLC, No. D054550 (4th Dist. Jan. 11, 2011, the Fourth District of the California Court of Appeal held that a provision in a declaration of covenants, conditions and...more

The Map of the Iceberg of Toxic Foreclosure

When it comes to foreclosure, particularly those involving a mortgage sold to a trust, the media has reported all kinds of irregularities and improprieties. I thought it would be interesting to do a table of who might be...more

Lessons from a Corsican Mouse on the Practice of Law

Reprinted/posted with permission of the Daily Journal Corp (2009) I have had one lesson, taught twice, that was very important to my career and life, and rather than subject any of you to the abject humiliation of the...more

Nevada Forclosure Mediation Program, Supreme Court Order

Nevada Forclosure Mediation Program

About the Nevada Foreclosure Mediation Program CREATING THE PROGRAM Assembly Bill 149 was passed by the Nevada Legislature during the 2009 session and signed by Governor Jim Gibbons. Its purpose is to address the...more

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