News & Analysis as of

Real Estate Investments Appeals

Pullman & Comley - For What It May Be Worth

Return to Sender: When Not Updating Your Address Becomes a Legal Headache

In a recent case before the Appellate Court of Connecticut, Judge Jose A. Suarez penned an opinion holding that owners of income-producing real property bear the burden of updating municipalities of a change in their address,...more

A&O Shearman

Ninth Circuit Reinstates Putative Class Action Against Real Estate Syndicator, Holding That Complaint’s Fraud Disclaimer Did Not...

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On June 10, 2025, the United States Court of Appeals for the Ninth Circuit reinstated a putative class action asserting claims under the Securities Act of 1933 against a real estate syndicator, one of its executives, and...more

Vorys, Sater, Seymour and Pease LLP

The Evaluator - (Q2 2025) - From Indiana to Disney Springs: Major Developments in Property Tax Law

In the last legislative session, the Indiana General Assembly introduced and passed significant changes to Indiana’s business personal property tax regime.  The changes in Indiana’s SB 1, along with subsequent amendments from...more

Winstead PC

Texas Supreme Court To Review Whether A Corporate Trust’s Shareholder Has Standing To Sue On Behalf Of The Trust

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The Supreme Court granted oral argument in In re UMTH Gen. Servs., L.P., 2023 WL 8291829 (Tex. App.—Dallas 2023), wherein a real estate investment trust entered into an advisory agreement with an entity and gave it authority...more

Freiberger Haber LLP

Individual Membership Interests In An LLC Does Not Equate to Individual Ownership Interest In Real Property Owned By The LLC For...

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Partition is “the act or proceeding by which co-owners of property cause it to be divided into as many shares as there are owners, according to their interests therein, or if that cannot be equitably done, to be sold for the...more

Patton Sullivan Brodehl LLP

Diversion of LLC Funds Is Not “Protected Activity” Under California’s Anti-SLAPP Statute

California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition or free speech on...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 2, 2022

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We are spotlighting a published California Court of Appeal decision on rehearing for its analysis on contract and fraud claims arising out of a real estate transaction. The California Court of Appeal, Fourth Appellate...more

Conyers

Private Client Bulletin - Summer 2021

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Welcome to the fifth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. In this issue, we have several notable...more

Patton Sullivan Brodehl LLP

Where Can a Wronged Deed of Trust Investor Sue?

When any real estate investment deal goes badly and ends in litigation, there are many reasons why a potential plaintiff may prefer one forum versus another, including the location of witnesses and documents, location of...more

Harris Beach Murtha PLLC

Does Your Family-Owned Business’s Lease Reflect An Appropriate Rental Value?

Family-owned enterprises often place real estate assets and operating businesses into separate entities, with the real estate company leasing space to the operating company. In such instances, the owners or managers need to...more

Carlton Fields

Second Circuit Affirms District Court’s Order as It Addressed Party’s Argument on Appeal

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This case arises out of an underlying arbitration between First Capital Real Estate Investments LLC and SDDCO Brokerage Advisors LLC. First Capital appealed from an order of the district court denying First Capital’s petition...more

Rosenberg Martin Greenberg LLP

“It Ain’t Over ‘Til It’s Over” The Third Circuit Channels Yogi Berra In Ruling On Tax Sale

Anyone who listens to the radio on the way to work has heard ads inviting them to free seminars in their local area at which they can learn how to make easy money buying “government secured” tax certificates.  Purchasing such...more

Patton Sullivan Brodehl LLP

Why Having “Co-Managers” for Your LLC is a Terrible Idea

The trend in most real estate-related LLCs is to have a single appointed manager.  Under the LLC’s operating agreement, the manager typically has authority to make the day to day business decisions on behalf of the LLC, while...more

Winstead PC

Breach Of Fiduciary Duty Claim Against Trustee Based On Self-Dealing Real Estate Investment Was Dismissed Due To Limitations,...

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In Goughnour v. Patterson, a beneficiary sued a trustee based on a failed real estate investment. No. 12-17-00234-CV, 2019 Tex. App. LEXIS 1665 (Tex. App.—Tyler March 5, 2019, no pet. history). In 2007, the trustee of four...more

BCLP

Court of Appeal Unim-Prest with Attempts to “Pierce the Veil” of Rating Mitigation Scheme

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Empty property rates are a tax on failure; the failure of the owner to let premises or to find its own use for the premises. Given they are charged at the same rates as occupied property, it’s no wonder property owners seek...more

Hogan Lovells

UK: Make him a costs order he can’t refuse: Indemnity insurer must pay costs of negligently advised purchasers in Mafia-linked...

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On 11 January 2019, the High Court handed down its judgment in Various Claimants v Giambrone & Law (A Firm) & Others, AIG (Europe) Limited [2019] EWHC 34 (QB)), finding that AIG is liable for claimants’ costs pursuant to a...more

Bennett Jones LLP

Fraud and Knowing Assistance—Between the Innocents

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Fraud continues to plague businesses and individuals in Canada and abroad, increasing at an alarming rate. Those involved in asset recovery frequently turn to the equitable doctrine of knowing assistance to catch "strangers"...more

Farrell Fritz, P.C.

Dead Men Tell No Tales of Shareholder Buy-Outs Gone Sour

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When three gentlemen in their mid-eighties, one of whom is in a nursing home with failing health and onset dementia, are the key players in a disputed shareholder buy-out transaction, what are the odds they’ll all be around...more

Payne & Fears

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

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A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...more

Hinshaw & Culbertson LLP

Communications Between Public Relations Firm and Counsel Held Not Privileged

Behunin v Superior Court, __ Cal. Rptr. 3d ___ 2017 WL 977095 (March 16, 2017) - Brief Summary - The Second District of the California Court of Appeal ruled that communications between counsel and a public relations...more

Benesch

Ohio’s Sixth District Reverses Order Granting Class Certification

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In Gordon v. Erie Islands Resort & Marina, 6th Dist. No. OT-13-040, 2014-Ohio-4970, the Court of Appeals for the Sixth District of Ohio reversed an order granting class certification on the grounds that the trial court failed...more

Melito & Adolfsen

NY Court of Appeals upholds $44 million contingency fee for 5 months work, concluding that to assess fairness would be “dangerous...

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The New York State Court of Appeals has ruled that a contingency fee agreement that netted Graubard Miller $44 million for five months' work was valid and enforceable. According to the court, the law firm took substantial...more

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