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Real Estate Transactions Evidence

Cadwalader, Wickersham & Taft LLP

Summertime Done Come and Gone My Oh My, August 26, 2025 - But Who Can Unlearn All the Facts That I’ve Learned: Facts Matter for...

In a recent foreclosure action, Plaintiff Lakeview Loan Servicing, LLC (“Lakeview”) sought summary judgment against Defendant Andrew Branley (“Branley”). Lakeview claimed that Branley executed a Note to JPMorgan Chase Bank,...more

Law School Toolbox

Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! In this episode, we're diving into a topic from Property Law -- Present and Future Estates. Specifically, we discuss the default property interest, the fee simple absolute and...more

Snell & Wilmer

Eminent Domain Update: Fourth Circuit Upholds Landowner’s Right To Testify on Property Value and Splits With First Circuit on...

Snell & Wilmer on

The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....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

Faegre Drinker Biddle & Reath LLP

Phases of an Eminent Domain Proceeding in Colorado

In Colorado, eminent domain (also known as condemnation) proceedings take place in several phases. These proceedings are similar to, but not the same as, other civil trials. Few attorneys — let alone property owners — have...more

Gray Reed

NPRI Plaintiff Survives Affirmative Defenses

Gray Reed on

Boren Descendants et al v. Fasken Oil and Ranch, LTD, offers something to talk about beyond interpretation of the fixed-or-floating NPRI question.  At issue was this reservation, expressed as a double fraction, in a 1933...more

Pullman & Comley - For What It May Be Worth

AI In Real Estate Appraisal: Legal Skepticism, Industry Adoption, And An In-House Experiment On Its Accuracy

As the capabilities of artificial intelligence (AI) rapidly change, the laws regarding AI use likewise adapt. For instance, the New York Surrogate’s Court recently grappled with an expert witness’ use of AI to support his...more

Freiberger Haber LLP

Affidavit Fails To Establish That A Material Undisputed Fact Was Not A Fact At All, Says The First Department

Freiberger Haber LLP on

In Katsorhis v. 718 W. Beech St, LLC, 2025 N.Y. Slip Op. 00211 (1st Dept. Jan. 15, 2025) (here), the Appellate Division, Second Department considered a fraud claim that the lower court sustained on the grounds that defendant...more

Patton Sullivan Brodehl LLP

Court Gives Guidance On Procedure For Pursuing “Tort Of Another” Damages

In 1963, the California Supreme Court adopted the “tort of another” doctrine in the seminal case Prentice v. North American Title Guaranty Corporation  (1963) 59 Cal.2d 618.  According to the doctrine, any party who is...more

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