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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more
In order to address the August 31, 2021 expiration of various New York State eviction and foreclosure moratoria, and in light of the United States Supreme Court’s (SCOTUS) recent invalidation of certain provisions of New York...more
Stay Tuned for the Coming Ruling from the U.S. Court of Appeals for the Fifth Circuit - The Supreme Court of the United States effectively ruled on August 26, 2021 that the Centers for Disease Control and Prevention (CDC)...more
DESALOJOS RESIDENCIALES: LO QUE LOS INQUILINOS NECESITAN SABER- A partir del 30 de agosto de 2021- IMPEDIMENTO DE ACCESO- ¿Pueden impedirme el acceso a mi hogar durante la emergencia sanitaria por COVID-19?...more
The U.S. Supreme Court ruled last week that the Centers for Disease Control and Prevention (CDC) exceeded its authority when it imposed a national eviction moratorium. More precisely, in Alabama Association of Realtors v....more
The United States Supreme Court upheld the District Court’s judgment vacating the Centers for Disease Control and Prevention’s (CDC) second eviction moratorium that had prevented the eviction of any tenants who live in...more
The U.S. Supreme Court (SCOTUS) has again determined that the Centers for Disease Control and Prevention (CDC) lacks the authority to institute a nationwide prohibition of evictions under the guise of preventing the...more
On August 26, 2021, the U.S. Supreme Court decided Alabama Ass’n of Realtors v. Department of Health and Human Services, holding that it strains credulity to read the statute on which the federal Centers for Disease Control...more
The United States Supreme Court nullified a nationwide residential eviction moratorium that has been in place for nearly a year. Alabama Association of Realtors v. U.S. Department of Health and Human Services, 594 U.S. ----...more
Supreme Court Strikes Down Extension of CDC Moratorium on Evictions - The U.S. Supreme Court has issued a ruling that blocks the extension of the moratorium on evictions ordered by the Centers for Disease Control and...more
Early in the pandemic, there was a patchwork of federal, state, and local eviction moratoriums, so not all rental housing was covered by a moratorium. On September 4, 2020, the CDC issued an order declaring a national...more
On August 26th, the Supreme Court ended the nationwide eviction moratorium that began in September, 2020, and was set to expire on October 3, 2021. In an unsigned majority opinion, the Court ruled that the CDC exceeded its...more
On August 26, 2021, the U.S. Supreme Court issued an order vacating the Centers for Disease Control and Prevention’s latest eviction moratorium. Earlier this month the CDC issued an order banning evictions of residential...more
On August 26, 2021, the Supreme Court issued a per curiam opinion blocking the U.S. Centers for Disease Control and Prevention’s (CDC) August 3, 2021 order (“New Order”), a last-ditch effort by the Biden administration to...more
Eviction moratoria are increasingly challenged in the courts. On August 12th, the U.S. Supreme Court issued an order partially enjoining enforcement of New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of...more
A federal eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) that was scheduled to expire on July 31, 2021, has recently been extended, but faces some serious challenges and is causing...more
Previously, we informed you regarding the CDC’s extension of the nationwide eviction ban, which is now set to expire on October 3, 2021. The eviction moratorium expired at midnight on July 31, only to be renewed on August 3...more
On August 12, 2021, the United States Supreme Court agreed on procedural due process grounds to halt enforcement of part of New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “Act”), which is...more
On August 12, in a 6-3 decision, the U.S. Supreme Court issued an order enjoining the portion of a New York State statute which provided that tenants could establish that they had suffered COVID-related economic hardship by...more
On Tuesday, August 3, the U.S. Centers for Disease Control and Prevention (CDC) issued a new order (the “Order”) that prohibits evictions in parts of the country experiencing “substantial transmission” of the COVID-19 virus....more
The CDC’s nationwide eviction ban, which has been in place since September 4, 2020, expired at midnight on Saturday, July 31, 2021 only to be renewed in what is expected to be a more limited form and scope on August 3. Prior...more
On June 29, 2021, the Supreme Court denied an application by a group of real estate agents and associations to lift the eviction moratorium issued by the Centers for Disease Control and Prevention (the “CDC”). Originally...more
On June 29, 2021, the Supreme Court refused to end the nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (CDC), leading to quite a bit of confusion among the Courts of Appeal. In Alabama...more
In spring 2020, the CARES Act placed a partial moratorium on residential evictions across the country. The order prohibited residential landlords nationwide from evicting certain tenants. On Sept. 1, 2020, the Centers for...more