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
Accessibility concerns for disabled condo owners
Rules for rewarding 'super' condo board members
Condo Water Invasion: Potential Medical Liability?
How to Deal with Delinquent Condo Board Members
Condo complaints not in writing?
Assessments, Condos vs. Town Homes
Real Estate Trends in the Bay Area & Beyond – Interview with Paul Churchill, Member, Mintz Levin
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Condo Adviser: What is 'FHA approved,' exactly?
Condo Owners and Dealing with Uncooperative Management Companies
Reserve Funds: Purposes and Common Mistakes
Accessibility Concerns for Disabled Condo Owners
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
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
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
Plaintiffs Bob and Lisa Parr obtained a $2.9 million verdict in April 2014 against Aruba Petroleum, Inc. for health problems allegedly related to oil and gas drilling operations and air emissions near their home. The large...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.
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 reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more
Two recently-decided Texas cases illustrate that heightened scrutiny of pipeline companies' status as common carriers may be applied when landowners challenge their ability to secure easements by eminent domain. ...more
Private property rights advocates scored a big victory in a Texas condemnation case in the ongoing battle between pipelines and landowners over the power of eminent domain. (See our last post for a decision with the opposite...more
The Supreme Court of Pennsylvania in Butler v. Charles Powers Estate1 unanimously reversed the ruling of the Superior Court which held that an evidentiary hearing “complete with expert, scientific testimony” is necessary to...more
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
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
On September 14, 2012, the Virginia Supreme Court issued no opinions affecting the practice of Virginia local government law.
Actually, that is not true. While no opinions involved cases with local government parties,...more
On Friday, in Native Village of Kivalina v. ExxonMobil,the 9th Circuit Court of Appeals may have sounded the death knell for public nuisance litigation concerning the impacts of climate change, affirming dismissal of the...more
In Heasley v. KSM Energy, Inc. the Pennsylvania Superior Court recently affirmed a trial court’s decision reiterating the distinction between those flat-rate royalty oil and gas leases which are dependent on production of oil...more
On June 15, the FHFA, as required by a preliminary injunction from the Northern District Court of California, issued a notice of proposed rulemaking on state and local energy retrofit financing arrangements known as Property...more
Can bad cases ever make good law? Maybe in the case of homeowners Richard Treanor and Carolynn Bissett who were criminally prosecuted under the Solar Shade Control Act (“SSCA”) because their pre-existing trees cast shadows...more
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