Addressing Environmental Issues in Real Estate Development
Construction Lien Law: What You Need to Know to Protect Your Company
When to file a lis pendens--Martin Desmery, Partridge Snow & Hahn
In The Cross-Hairs? Protecting Your Company Against Consumer Financial Protection Bureau Investigations and Investors' Mortgage Buyback Claims
Litigation of Construction Delay: Claims of Delayed Early Completion
Homebuilder Series Webinar: Joint Ventures Solutions, Steve Lear
Real Estate Trends in the Bay Area & Beyond – Interview with Paul Churchill, Member, Mintz Levin
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
A New World for Mortgage Banking – What You Need to Know About the CFPB’s Final Mortgage Servicing Rules
Taking it Seriously: Unusual Lease Violations in Virginia
Weekly Brief: Lawyers Laid Off After Foreclosure Settlement
Allen Matkins/CBRE 360 in 60 - Industrial Markets Overview
Allen Matkins/CBRE 360 in 60 - Capital Markets Overview
Allen Matkins/CBRE 360 in 60 - Economy Overview
Weekly Brief: Hurricane Sandy, GC Donations, Tweeting Fake News
Weekly Brief: BoA Sued; SCOTUS Shortlists; Fund Fights Argentina
Weekly Brief: CFPB, Legal Fees & Hashtag Hijackers
Can Cities Use Eminent Domain To Seize Mortgage Loans?
Abacus Bank Indicted for Mortgage Fraud; More Prosecutions to Come?
Whalen: Too Much Regulation Caused JP Morgan $2 Billion Loss
Another Louisiana court has ruled that the Subsequent Purchaser Rule applies to damages following a mineral lease. In Bundrick v. Anadarko Petroleum Corp. it is the 3rd Circuit.
An owner of property...more
I wanted to provide a quick update on two recent cases from the California Court of Appeal.
The first, Golden State Water Company v. Casitas Municipal Water District (April 14, 2015), involves what appears to be an...more
On March 31, 2015, the New York State Court of Appeals issued an opinion in the case of Walter R. Beardslee, et al. v. Inflection Energy, LLC, et al., interpreting the applicability of force majeure clauses to extend the...more
The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more
One Holds that the Fee is Subject to Prop. 26 and Another that it is a Property-Related Fee Subject to Prop. 218 -
Two California Appellate Court decisions handed down this month address whether or not a local water...more
The jury is still out on whether hydraulic fracturing or “fracking” causes earthquakes, but carriers whose policies afford coverage for quakes have recently been denying such claims, asserting that they are excluded because...more
Several months ago we wrote about a then-pending challenge before the New Jersey Supreme Court over the question of whether the New Jersey Spill Compensation and Control Act (the “Spill Act”), N.J.S.A. 58:10-23.11 et seq. was...more
What must a Louisiana lessee do to avoid statutory penalties for non-payment of royalty, and what must a royalty owner do to put the lessee on notice that royalties are not being paid? The answers are, more than the lessee...more
A Pennsylvania federal judge recently struck the class allegations from a suit brought against GenOn Power Midwest LP, alleging that its coal-fired power plant released toxic emissions that damaged surrounding property. Even...more
The Supreme Court of Texas upheld a jury verdict finding that a landowner did not suffer trespass from a wastewater injection well located on adjacent property. Environmental Processing Systems, L.C., v. FPL Farming Ltd.,...more
This is a brief update on recent Pennsylvania tax developments.
Does New Governor Mean More Tax Reform?
In the recent gubernatorial election, challenger Tom Wolf (D) defeated incumbent Governor Tom Corbett (R)....more
Passage of AB 2747 by California Legislature Modifies Law -
The noticing requirements special districts must follow to terminate delinquent residential light, heat, water or power service accounts were substantially...more
My mother used to give us good advice. For example: Don’t lie … do your homework. Sabella v. Appalachian Development Corporation agrees with my mother.
Sabella bought minerals in 1997 under 66 acres in Warren...more
Due to increased drilling activity in the Utica shale formation, state and federal courts in Ohio and the 6th Circuit have recently issued decisions related to local drilling regulations, drilling permits, leasing, indemnity...more
Why am I always reporting on plaintiffs who wait too long to file their lawsuit?
In the latest Texas case, Trahan v. Mettlen, the Trahans sued in 2010 on a 2006 warranty deed....more
Halloween is approaching, so let’s talk poltergeists – troublesome spirits that haunt a specific location. Where do they come from? In Quality Environmental Processes, Inc. v I.P. Petroleum Company, Inc., it was from a faulty...more
On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on...more
It looks like what you’d expect: a bunch of litigants spending lots of time at a courthouse in Goliad, Texas, with no end in sight. After much ”sprawl” in Harkins v. Northshore Energy it came down to the meaning of this...more
The Pennsylvania Supreme Court will consider whether an oil and gas lessee’s refusal to pay a “bonus” on acreage that the lease supposedly conveyed to it, but that the lessor did not own at the time of leasing and had not...more
In French vs. Occidental Permian, Ltd. the Texas Supreme Court held that costs associated with injection of carbon dioxide into a reservoir in a tertiary recovery operation were properly deducted from royalties.
In a recent decision, the Supreme Court of Texas concluded that the cost of removing carbon dioxide (“CO2”) from casinghead gas after completing enhanced oil recovery operations is a “post-production” cost, thus clarifying...more
Valuing mineral rights in eminent domain proceedings is inherently speculative and can lead to wide swings in property valuations. So how do appraisers best deal with the uncertainty involved in mineral exploitation? The...more
In August 1999, Brock and Tipton signed a Farm and Ranch Contract by which Tipton would acquire 519 acres in Montague County. (Lots of Brocks were parties to the contracts and the suit. I refer to them as one for...more
As Texas holds tight to its position as the nation's number one oil and natural gas producing state, the Texas Supreme Court's decision to revisit the over forty-year-old accommodation doctrine, which requires oil and gas...more
In a recent decision, the Pennsylvania Superior Court resolved an open question of state law regarding which one of two alternative statutes of frauds apply to oil and gas leases, in the process making clear that for an oil...more
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