News & Analysis as of

Property Owners Summary Judgment

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

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Marshall Dennehey

All Bark and All Bite

Marshall Dennehey on

Key Points: In New York, if the owner of an animal knew or should have known the animal had vicious propensities, a plaintiff may seek to hold the owner strictly liable....more

Sullivan & Worcester

Massachusetts SJC Rules That Statute of Repose Does Not Bar Contractual Indemnification Claim Against Architect

Sullivan & Worcester on

On April 16, 2025, the Massachusetts Supreme Judicial Court (the “SJC”) issued a decision concluding that a claim based on a negotiated contract providing for indemnification of damages caused by an architect’s negligence...more

Vorys, Sater, Seymour and Pease LLP

U.S. District Court Finds No Evidence of Continuing Trespass and Holds Permanent Trespass Claim is Barred by Statute of...

In Briggs v. Southwestern Energy Production Co. (Briggs II), the Middle District of Pennsylvania directed summary judgment to Southwestern Energy (SWN) and dismissed the plaintiffs' claims of trespass and conversion. The...more

Freiberger Haber LLP

RPAPL 1501(4) and the Mortgagee in Possession Doctrine

Freiberger Haber LLP on

Today’s article addresses a property owner’s right to cancel a recorded mortgage pursuant to RPAPL 1501(4)[1] and whether a mortgagee is “is entitled to recover sums expended to preserve and maintain an allegedly abandoned...more

Oliva Gibbs

Will the Ohio Supreme Court Clear up the Muddy Waters of the DMA?

Oliva Gibbs on

Within the Ohio Dormant Mineral Act (hereinafter, “DMA”), there is often a question of the diligence a surface owner should employ when seeking the mineral owner to declare the mineral interest abandoned. The oft-cited case...more

Freiberger Haber LLP

Res Judicata Barred Subsequent Action To Quiet Title Because It Involved Essentially The Same Causes of Action As Asserted In An...

Freiberger Haber LLP on

Previously, this Blog examined the doctrine of res judicata (here, here, here and here). Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

McGlinchey Stafford on

Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more

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

National Environmental Policy Act/Nuisance: Federal Appellate Court Addresses Property Owners' Challenge to Oregon Irrigation...

The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more

Bradley Arant Boult Cummings LLP

Navigating Desbrunes: Implications and the Case for Overturning

In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 27, 2024

Rivkin Radler LLP on

Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from Erie and...more

White and Williams LLP

In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work

White and Williams LLP on

In Brown v. City of Oil City, No. 6 WAP 2022, 2023 Pa. LEXIS 681 (2023), the Supreme Court of Pennsylvania (Supreme Court) recently held that a contractor can be liable for dangerous conditions it creates even if the hazard...more

Gray Reed

Pennsylvania Says No Trespass by Fracking – the Dissent

Gray Reed on

The concurrence and dissent in Briggs et al v. Southwestern Energy Production Company appears to be of little help to property owners complaining of trespass by fracking where there is no invasion of frack fluids on to the...more

Gray Reed

Pennsylvania Supreme Court Says No Trespass by Fracking

Gray Reed on

Herein, highlights from the Pennsylvania Supreme Court in Briggs, et al. v. Southwestern Energy Production Company. The rule of capture applies to oil and gas produced from wells completed using hydraulic fracturing and...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

Farrell Fritz, P.C. on

In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

White and Williams LLP

California Clarifies Its Inverse Condemnation Standard

White and Williams LLP on

In City of Oroville v. Superior Court, 446 P.3d 304 (Cal. 2019), the Supreme Court of California considered whether the City of Oroville (City) was liable to a dental practice for inverse condemnation damages associated with...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Upholds Entry of Summary Judgment In Favor of Defendant In Slip And Fall Case

In a case with very good facts for the property owner, the Pennsylvania Superior Court affirmed the entry of Summary Judgment against the Plaintiff in a case filed in the Court of Common Pleas of Philadelphia County (Collins...more

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

Stormwater Utility Ordinance: U.S. District Court Addresses Whether Assessment Violates Railroad Revitalization and Regulatory...

A United States District Court (Western District Virginia)in a December 26th Memorandum Opinion (“Opinion”) addressed a challenge to a stormwater utility ordinance assessment. See Norfolk Southern Railway Company v. City of...more

Snell & Wilmer

Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

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In Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days...more

Carlton Fields

Alabama Puts The Mystery Back Into All-Risk Coverage

Carlton Fields on

Insuring property against loss creates an unavoidable moral hazard: policyholders often have an incentive to cause or allow their property to disappear. Early efforts to limit insurers’ exposure to that risk—such as requiring...more

Snell & Wilmer

Arizona Supreme Court Holds That Property Owner Who Quarreled With Light Rail Construction Should Be Compensated For Lost Access

Snell & Wilmer on

Late last week, the Arizona Supreme Court handed down a decision that clarified the rights of property owners who lose access to an abutting road and, in the process, reinforced the principle that both elimination and...more

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