News & Analysis as of

Motion to Dismiss Homeowners Association (HOA)

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Preemption, New and Old

This week, the Ninth Circuit resolves a novel preemption challenge to California’s CalSavers retirement scheme, and revisits a well-tread preemption question on Nevada homeowner’s association liens.  HOWARD JARVIS...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trafalgar/Stump Dump Site: Bella Vista Property Owners Association Response to Fredericks Construction Company, Inc.,'s Motion to...

The Bella Vista Property Owners Association (“POA”) filed a Brief in Opposition to Thomas Fredericks and Fredericks Construction Company Inc.’s (collectively, “FCC”) Motion to Dismiss the POA’s challenge to a Consent...more

Kilpatrick

Certificate of Merit – 2017 in Review: Part I: Dismissal With or Without Prejudice?

Kilpatrick on

Section 150.002 of the Civil Practices and Remedies Code, entitled “Certificate of Merit,” requires a plaintiff to file an expert affidavit in a lawsuit or arbitration “for damages arising out of the provision of professional...more

Baker Donelson

U.S. District Court Allows Association’s Claims To Proceed For Actions During Period of Developer Control

Baker Donelson on

The United States District Court for the District of Maryland has denied a motion to dismiss filed on behalf of a developer, and allowed claims of a property owner’s association to proceed that concern actions taken while the...more

Ballard Spahr LLP

Nev. Supreme Court Holds HOA Foreclosure Statute Constitutional, Splits with Ninth Circuit

Ballard Spahr LLP on

The Nevada Supreme Court has upheld the constitutionality of Nevada's pre-2015 statutory scheme for homeowners association (HOA) foreclosures. This decision contradicts the Ninth Circuit Court of Appeals' conclusion that the...more

Bradley Arant Boult Cummings LLP

Ninth Circuit Denies Motion to Dismiss and Motion to Stay Publication of Decision Holding Nevada HOA Super-Priority Lien Statute...

As we have previously covered in a series of blog posts, the Nevada Supreme Court held in September 2014 that Nevada Revised Statute chapter 116 allows homeowners’ associations (HOAs) to non-judicially foreclose on homeowners...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

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