Real Estate : Law360 : Legal News & Analysis (2024)

Tetra Tech Says Gov't On 'Fishing Expedition' In FCA Suit

Tetra Tech and a subsidiary accused the federal government and a housing developer of a "fishing expedition" after they sought access to electronic media long after discovery closed in cases accusing the subsidiary of fraud under Navy environmental contracts.

Real Estate Authority: EPA's Brownfield Funding Surge

Catch up on this week's key developments by state from Law360 Real Estate Authority — including a new data series on the U.S. Environmental Protection Agency's brownfield grant program.

LIHTC Developer Asks 11th Circ. To Undo Investor Takeover

A developer told the Eleventh Circuit on Friday it is a victim of a scheme by investors using a lower court ruling to complete a takeover of two Tampa, Florida, senior housing complexes developed with federal low-income housing tax credits.

11th Circ. Urged To Undo Exclusion Of $80M Asset Valuation

A trustee for creditors of ATIF Inc. told the Eleventh Circuit on Friday that a trial judge erred in excluding an expert's $80 million valuation of the bankrupt title insurance underwriter's 2015 transfer of assets to Old Republic National Title Insurance Co.

Lumbee Tribe Family Says Bias Sunk Home Rental Application

A family of Lumbee Native American tribe members has alleged that a national real estate rental company violated the Fair Housing Act's anti-discrimination provisions by denying their housing application based on the father's single criminal conviction without giving him a chance to appeal.

DOE Reveals National Definition Of Zero-Emissions Building

The U.S. Department of Energy unveiled a federal definition for determining whether a residential or commercial building qualifies as a zero-emissions building as part of an ongoing effort to slash greenhouse gas emissions across the traditionally heavily emitting sector.

Texas Top Court Denies Roofer's Challenge To Adjuster Laws

The Supreme Court of Texas tossed on Friday a roofing company's challenge to the state's public adjuster licensing laws, saying that requiring a license or preventing certain conduct didn't violate the roofer's free speech rights.

Bank Says Alzheimer's Center Owes $17M On Defaulted Loan

An Alzheimer's care center owes Bank of Oklahoma nearly $17 million after it became the last of four memory care facilities to default on a $27.5 million loan that was used to refinance their mortgage debt, according to a complaint filed in Georgia federal court.

'Deceit On Deceit': 7th Circ. OKs Atty's Asset-Hiding Sentence

The Seventh Circuit Court of Appeals upheld a Chicago-area lawyer's three-year sentence for hiding over $350,000 in her brother's bankruptcy, finding two sentence enhancements were properly applied since she "layered deceit upon deceit" to try to conceal assets and cover her tracks.

Miami Official Can't Shake Zoning Abuse Claims

A Miami commissioner can't escape allegations thathe and other city officialsconspired to sabotage local businesses with zoning and safety laws after a pair of business owners backed the commissioner's opponent in a 2017 election, a Florida federal judge ruled.

6th Circ. Finds Ethical Lapses Justify Bar On Firm's Outreach

The Sixth Circuit said Thursday a Michigan federal judge shouldn't have faulted a law firm for attacking a proposed tax foreclosure class-action settlement in solicitation letters, but nevertheless upheld the judge's order barring contact with certain class members because of the firm's actual ethical lapses.

Judge Agrees To DQ Houston Firm In Fight Over MMA Law

A Texas bankruptcy judge sided with troubled Houston firm MMA Law and agreed this week that another Houston firm, Okin Adams Bartlett Curry LLP, had received confidential information from MMA Law and should be disqualified from representing its creditors.

Calif. Developer Seeks $5M Excess Coverage For Defect Suits

A California developer is seeking coverage under a $5 million excess policy for an underlying settlement stemming from construction defect claims, telling a federal court that its excess insurer wrongfully refused to cooperate in the dispute resolution and that the policy expressly provided coverage.

Zurich, Loan Co. Settle $15M Ex-3M Campus Repairs Suit

The lender and current title owner for a now-foreclosed Austin property that was once the campus of 3M reached a settlement in principle with a Zurich unit over coverage for their $15.5 million winter storm damage claim, the parties told a Texas federal court.

UK Litigation Roundup: Here's What You Missed In London

The past week in London has seen British broadcaster GB News hit with a libel claim by climate activist Dale Vince, MGM take aim at an immersive events company over intellectual property rights to the James Bond franchise, and law firms Stephenson Harwood and Bowen-Morris & Partners tackle a contracts claim by investment adviser Yieldstreet. Here, Law360 looks at these and other new claims in the U.K.

Calif. Justices OK UC Berkeley People's Park Housing Plan

The University of California, Berkeley, can move ahead with its plans to build a housing project in the historic People's Park, the California Supreme Court ruled Thursday, saying a new state law wipes out opponents' claims that the university's environmental impact study failed to look at potential student noise pollution.

Calif. Judge Pauses Wells Fargo Investor Row Over State Case

A California federal judge has paused a pension system's proposed class action accusing top Wells Fargo & Co. officers of enabling a "culture of lawlessness," making way for a state court suit that alleges similar wrongdoing.

La. Commercial Property Co. Settles Storm Insurance Dispute

A Louisiana federal judge has dismissed a commercial property owner's coverage fight over windstorm damage after the company settled in arbitration with a group of 10 insurers.

Wash. High Court Will Review Gun Magazine Law

The Washington state Supreme Court said Thursday it will review a trial court ruling that the state's ban on sales of large-capacity magazines for firearms is unconstitutional.

Fintech company Figure Lending LLC faces a proposed class action alleging its home equity lines of credit are actually intentionally mislabeled home equity loans with higher interest rates and fees.

Investors Say Fund Preyed On Alums For RICO Scheme

A group of Chinese and American investors alleged this week that they were ripped off to the tune of millions of dollars by a group of fraudsters who, through a series of fraudulent bank loans, bogus tax filings and false advertising, induced them into putting their money into a Los Angeles real estate project.

Wash. Justices To Review Spokane Homeless Camp Initiative

The Washington State Supreme Court has agreed to hear a homeless advocacy group's appeal in its failed challenge to a voter-approved initiative expanding Spokane's restrictions on homeless encampments.

Prof Can Test NC State Building For Carcinogens

A split state appeals court has granted a former North Carolina State University employee stricken by cancer access to gather evidence in a campus building that studies showed contained cancer-causing materials.

Mass. AG Asks State High Court To Affirm Housing Law

Massachusetts Attorney General Andrea Joy Campbell told the state's highest court this week that her office has the authority to seek enforcement of what she says is a mandatory state housing initiative requiring more than half the state's communities to allow multifamily housing development.

5th Circ. Backs Chevron In La. Drilling Contamination Fight

The Fifth Circuit on Thursday reversed a lower court ruling directing Chevron to submit a plan to clean up Louisiana properties allegedly contaminated by oil and gas development, saying that state law only requires the company to look for potential damage.