Property Owners, Damages, Appeals

Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability

Nossaman LLP on 7/29/2025

Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project...more

Ambiguity Frees Louisiana Royalty Owner From Post-Production Costs

Gray Reed on 7/2/2025

In Franklin v. Regions Bank the Fifth Circuit concluded that a royalty clause in a mineral lease resulted in a gross proceeds royalty; the royalty owners did not bear their proportionate share of post-production costs. Read...more

Going to the Dogs: New York Court of Appeals Opens Door to Animal Negligence Claims

Segal McCambridge on 4/29/2025

New York’s Court of Appeals has overturned decades-old precedent and permitted victims of animal-related injuries to recover damages against an animal’s owner. An injured person can now pursue claims against an animal’s owner...more

U.S. Court of Appeals Holds Trial Court Erred in Granting Preliminary Injunction Without Finding Plaintiff Would Suffer...

Vorys, Sater, Seymour and Pease LLP on 4/22/2025

This past week, in EOG Resources, Inc. v. Lucky Land Management, LLC, 2025 U.S. App. LEXIS 8738, the U.S. Court of Appeals for the Sixth Circuit reversed the decision of the district court granting a preliminary injunction...more

Third DCA Reaffirms the Longstanding Playbook on Contract Damages

Segal McCambridge on 4/15/2025

Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more

California Clarifies Basis for Inverse Condemnation Claims

White and Williams LLP on 4/4/2025

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more

Caution When Approaching Artistry

Robinson+Cole Construction Law Zone on 3/6/2020

A $6.75 million judgment was upheld by the United States Court of Appeals, Second Circuit, against a developer that whitewashed 45 spray-painted artworks on its site — several months before the demolition permits were issued....more

Regulatory Taking May Result From Improper CEQA Determination? Stay Tuned

Nossaman LLP on 2/11/2019

A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...more

Ninth Circuit Holds that Rent Control Board’s Denial of a Mobile Home Owner’s Request for Rent Increase Is Not an Unconstitutional...

Perkins Coie on 1/11/2019

The Ninth Circuit held that the City of Carson’s mobile home rent control board’s decision not to factor in debt service increases in its adjustment of a rental rate for a mobile home park did not result in a regulatory...more

Contractors can be Liable for Following Owners’ Directives

Partridge Snow & Hahn LLP on 1/27/2016

In Downey v. Chutehall Construction Co. (Lawyers Weekly No. 11-001-16), the Massachusetts Appeals Court ruled a contractor can be liable for violating building codes despite the fact that the party suing it directed the...more

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