News & Analysis as of

Civil Remedies Residential Real Estate

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

California Supreme Court’s Unanimous Holding In Mcmillin Albany LLC V. Superior Court: Affirming Builders’ And Developers’ Right...

by Low, Ball & Lynch on

McMillin Albany LLC, et al., v. The Superior Court of Kern County, Respondent; Carl Van Tassel, et al., Real Parties in Interest - Case No. S229762; January 18, 2018 - This case decided whether common law actions...more

California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

by Snell & Wilmer on

The California Supreme Court ruled in McMillin Albany LLC et al. v. The Superior Court of Kern County, (1/18/2018) 4 cal. 5th 241, that California’s Right to Repair Act, California Civil Code sections 895 et seq. (“Act”) is...more

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

by Burr & Forman on

On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees...more

Street Artists Awarded $6.75 Million in Damages Against Developer Who Whitewashed Artworks Covering His Buildings

by Wilson Elser on

In one of the most important decision to date applying the Visual Artists Rights Act of 1990 (VARA) since its adoption, on February 12, 2018, New York’s Eastern District awarded $6.75 million in statutory damages to 21...more

Lessons from 5Pointz: Avoiding Potential Tension Between Artists and Property Owners

by Holland & Knight LLP on

• From Miami's Wynwood to San Francisco's Mission District to Chicago's West Loop, graffiti/street art has become a popular way for communities to revitalize neighborhoods and property owners to reap the benefits of the...more

When Calculating Lien Periods, it’s Convenient to be Prevenient

by Field Law on

Are you out of time to register your lien? It depends! Under section 41 of the Builders’ Lien Act (the “BLA”) a lien must be registered within 45 days (or 90 days for an oil or gas well or well site) after the last day...more

What Types of “Damages Claims” Survive a Trustee’s Sale?

by Snell & Wilmer on

Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going...more

Illinois Court Addresses Insured’s Entitlement To Replacement Cost Coverage

In the recent case of Libman v. Great Northern Ins. Co., 2018 U.S. Dist. LEXIS 24580 (N.D. IL February 15, 2018), the Court addressed whether a property owner was entitled to replacement cost coverage for loss at an insured...more

Mitigate Before you Litigate: Recovering Damages for Renovations Gone Wrong

by Field Law on

The Court will not always resolve a construction contract dispute against a contractor who clearly provided deficient work. If you have been wronged by a residential renovation that’s gone off the rails, or if you’re a...more

California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from...

In McMillin Albany LLC et al. v. The Superior Court of Kern County (Van Tassel) [Case No. S229762], the California Supreme Court held that California Civil Code §§ 895 et seq. (the “Right to Repair Act”) provides the...more

Post-Discharge Loan Modification with Partial Claim Gets Servicer in Trouble with Bankruptcy Court

by Weiner Brodsky Kider PC on

The U.S. Bankruptcy Court of the Southern District of New York recently sanctioned a mortgage servicer for violating a bankruptcy discharge injunction when it required a debtor to sign a subordinate mortgage and note—pursuant...more

Massachusetts Attorney General Fines Servicer Millions over Servicing Practices

by Weiner Brodsky Kider PC on

On January 30, 2018, the office of the Massachusetts Attorney General (the “AG”) announced that the state reached a settlement with a national mortgage servicer (the “Company”) that requires the Company to settle claims that...more

FTC Gets Restraining Order Against Mortgage Loan Modification Operators

by Weiner Brodsky Kider PC on

The Nevada federal district court recently granted a temporary restraining order (TRO) against a large group of mortgage loan modification operators, following a complaint from the Federal Trade Commission (FTC) which alleged...more

Recent Massachusetts Decision Highlights Importance of Using Precise Remedy Provisions in Mortgages

by Ballard Spahr LLP on

A recent decision of the Supreme Judicial Court of Massachusetts highlights the importance of using clear and unambiguous remedy provisions in residential mortgages and deeds of trust....more

Federal Court of Appeal dismisses challenge to Competition Tribunal ruling in Toronto Real Estate Board

by Dentons on

The Federal Court of Appeal (FCA) has confirmed a Competition Tribunal decision concerning the control of Multiple Listing Service (MLS) data by the Toronto Real Estate Board (TREB), delivering a victory to the Commissioner...more

Builders' Right To Repair Pre-Litigation Affirmed as Exclusive Remedy By Supreme Court

by Selman Breitman LLP on

On January 18, 2018, the Supreme Court of California in McMillin Albany LLC et al., v. The Superior Court of Kern County (Supreme Court Case No. S229762, California Official Reports citation pending) unanimously held that the...more

California Supreme Court Holds the Right to Repair Act Provides Exclusive Remedy for Construction Defect Claims

by Wilson Elser on

On January 18, 2018, the California Supreme Court resolved 15 years of debate when it issued McMillin Albany LLC v. Superior Court, S229762 (2018) __ Cal.4th __. In a broadly worded decision, the Court unequivocally held that...more

Federal judge voids matching exclusion – Good news for homeowners denied coverage under exclusion

by Hellmuth & Johnson PLLC on

A Minnesota federal judge recently issued an order that has big potential implications for Minnesota homeowners who had part of their claim denied by a matching exclusion. Specifically, customers of American Family should be...more

California Supreme Court Affirms SB800 as Sole Remedy for Construction Defect Claims without Personal Injury

by Allen Matkins on

On January 18, 2018, the California Supreme Court affirmed an earlier appellate court decision holding that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the "virtually exclusive remedy"...more

Fining for Tenant Violations? You Might be Doing it Wrong

by Husch Blackwell LLP on

You might think that when a tenant breaks a rule, that you can simply fine him like you would fine an owner-occupant. Or, you might think that you can just notify and fine the owner/landlord for his tenant’s violation, since...more

California Supreme Court Upholds SB800 As Exclusive Remedy, Disapproves Liberty Mutual

by Newmeyer & Dillion LLP on

N&D proudly announces that the California Supreme Court has unanimously agreed with our position and has ruled in support of the Right to Repair Act. The Supreme Court has spoken: The Legislature said what it meant, and...more

The Eighth Circuit Raises the Bar for Would-Be Indemnitees

by Bilzin Sumberg on

Here is a situation that comes up quite a bit in the world of business contracts containing indemnification provisions, and in the insurance industry as well. First, a party (“Party A”) gets sued, or threatened with a suit,...more

New York Court Of Appeals Dismisses Contractual Claims Against Nomura In Four RMBS Suits

by Shearman & Sterling LLP on

On December 12, 2017, the New York Court of Appeals dismissed certain breach of contract claims brought by HSBC Bank USA, N.A. (“HSBC”) against Nomura Credit & Capital, Inc. (“Nomura”), in four separate actions related to...more

Court Issues New Opinion on Regulatory Takings and “Klopping” Damages

Inverse condemnation is the flip-side of eminent domain. With eminent domain, a public agency files a lawsuit to condemn (takes ownership of) a particular property interest and must pay the owner “just compensation.” With...more

Defence & Indemnity - October 2017: V. SURETY AND BOND ISSUES

by Field Law on

V. SURETY AND BOND ISSUES - A. The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor. Vermilion & District...more

1,085 Results
View per page
Page: of 44

Follow Civil Remedies Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.