LexisNexis® Legal Newsroom
Williams Mullen: Tenants Might Breathe a Little Easier

By William A. Anderson, II In new guidance, the Environmental Protection Agency (EPA) has expanded the classes of tenants that, in the exercise of its enforcement discretion, it may consider Bona Fide Prospective Purchasers (BFPPs) on a site-specific basis. See "Revised Enforcement Guidance Regarding...

Want Coverage for Construction Related Damage? You Need an Occurrence

In reading the title to this post, you are likely thinking "Duh, of course you do, if nothing "occurs" then there is nothing to cover!" (or something to that effect). While this seems an obvious conclusion, we're talking the world of law, construction and insurance coverage where...

Cattle Owners Seek Review of Adverse Decision On Water Grazing Rights

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A western, nonprofit, public-interest legal foundation with decades of experience defending the rights of westerners against the federal government has urged the Supreme Court of the United States to...

Duane Morris: Nevada Ruling Suggests Lenders Wait Until Foreclosure Before Pursuing Guarantor Claim

In a recent case, the Supreme Court of Nevada agreed that a lender needed to wait until the completion of a foreclosure sale before making a deficiency claim against a guarantor. In Ken L. Templeton Family Trust, et al. v. Eighth Judicial District Court of the State of Nevada, et al. , 2013 Nev. Unpub...

Foley & Lardner: New Accessibility and Energy Use Disclosure Requirements for California Commercial Landlords Effective July 1, 2013

Accessibility Disclosure: Each lease or rental agreement for commercial property executed on or after July 1, 2013 must state whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to...

Vetstein Law Group: Boston Area Landlord Hit With $75,000 Penalty Over Lead Paint Violations

By Richard D. Vetstein, ESQ Largest Lead Paint Penalty On Record for Attorney General Coakley Landlords with lead paint beware...enforcement of the state's strict Lead Paint Law remains a priority for Attorney General Coakley's office. The AG just hit a Boston area property owner with the...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – March 20th, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee Negroni...

Appellate Division Endorses "Waiver Rule:" DEP Allowed To Waive Regulations In Limited Circumstances

On March 21, 2013, the Appellate Division rejected a challenge to the so-called Waiver Rule ( N.J.A.C. 7:1B-1.1, et seq .) [ enhanced version available to lexis.com subscribers ], which allows the New Jersey Department of Environmental Protection ("DEP") to waive certain environmental regulations...

When Can Foreclosing Lenders Be Accused Of Acting In Bad Faith?

In a recent decision, the Chancery Division denied a lender's motion to strike a borrower's contesting answer in a foreclosure lawsuit, holding that the borrower had adequately pled a claim that the lender acted in bad faith. While this decision is unique based on the facts of the underlying...

Steptoe & Johnson PLLC: Power Line Rights of Way - FERC Approves New Vegetation Management Rules

By Kurt L. Krieger and Nora C. Price On March 21, 2013, the Federal Energy Regulatory Commission ("FERC") approved new rules for managing vegetation along power line rights of way. The purpose of the approved modifications to existing electric reliability standards is to ensure the continued...

Troutman Sanders LLP: CFPB Will Supervise Real Estate Mortgage Loan Servicing Transfers

By John C. Lynch, David N. Anthon, Jason E. Manning, and Maryia Y. Jones On February 11, 2013, the Consumer Financial Protection Bureau (CFPB) issued a bulletin (Bulletin) detailing its plans to closely supervise loan servicing transfers and enforce federal and state law compliance in connection with...

Contractor’s Beware – Careful What You Say: It May Be Actionable Defamation

By Neil Lowenstein The Virginia Supreme Court recently held that a contractor could sue a competitor for defamation for asserting to the plaintiff contractor's client that the plaintiff contractor told the competitor he was going to "screw" the client. The lower court had dismissed the...

Mountain States Legal Foundation: Wyoming Man Wins Case In Washington, D.C. Appeals Court

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A Wyoming man whose lawsuit-in the U.S. Court of Federal Claims in Washington, D.C. for "just compensation" for use of his private property as a federal trail-was dismissed in November 2011...

U.S. Supreme Court Rules that No Clean Water Act Permit Required for Stormwater Discharges from Logging Roads

By Meline MacCurdy, Associate, Marten Law PLLC In this Emerging Issues Analysis, Meline MacCurdy of Marten Law PLLC discusses the U.S. Supreme Court's holding in Decker v. Northwest Environmental Defense Center that stormwater runoff from logging roads is not "associated with industrial activity"...

Mandatory Mediation Program for Superstorm Sandy Claims Instituted In New Jersey

The New Jersey Department of Banking & Insurance just issued a significant new Hurricane Sandy-related order that will affect nearly all insurers doing business in the State of New Jersey. It requires insurers to participate in a mediation program at the request of the insureds. In a new bulletin...

Working Without a Safety Net: Can Subcontractors and Suppliers Still Sue an Owner for Quantum Meruit and Unjust Enrichment in Virginia

By Robert E. Travers, IV Subcontractors and suppliers provide labor, equipment or materials on construction projects without direct contractual relationships with the project owner, the ultimate beneficiary of that work, equipment and materials. In the event of payment disputes, those subcontractors...

New York Federal Court Holds That September 11th Was An “Act Of War” For Building Damage Near WTC

By Randy J. Maniloff, White and Williams, LLP In the immediate aftermath of the September 11, 2001 attacks, there was intense political pressure on the insurance industry not to invoke the "war risk" exclusion contained in any responsible party's liability policy. The message to the...

Ballard Spahr Legal Alert: Federal Banking Agencies Issue Flood Insurance Guidance

By the Ballard Spahr LLP Mortgage Banking Group The federal banking agencies, together with the Farm Credit Administration, have issued joint guidance on amendments to the Flood Disaster Protection Act of 1973 (FDPA). The amendments were part of the Biggert-Waters Flood Insurance Reform Act of 2012...

Don’t Change The Risk By Adding New Construction Without Additional Insurance

In Seneca Insurance Company, Inc., Plaintiff-Appellant-Respondent v. Cimran Co., Inc., et al., Defendants-Respondents-Appellants. , No. 9226 (N.Y.App.Div. 04/09/2013), [ enhanced version available to lexis.com subscribers ], the parties brought an appeal that provided the New York Appellate Division...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – April 22nd, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee Negroni...

Don’t Leave Retainage on the Table

Here at Musings, the contract is king and most of the time, the Virginia state and federal courts will not imply a right of action from a statute that does not specifically create one. Furthermore, as a general rule, contracts are strictly enforced and their terms upheld absent a statute that states...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – April 26th, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee Negroni...

Vetstein Law Group: April Showers Bring May Septic Problems: Massachusetts Title 5 Septic Rules

By Richard D. Vetstein, ESQ Massachusetts Title V Septic Regulations Frequently Asked Questions (FAQ) About 1/3rd of all homes in Massachusetts are dependent upon septic systems, rather than municipal sewer. These include some of the toniest Metrowest suburbs from Wayland, Sudbury, Weston, and...

Vetstein Law Group: GMAC Mortgage and First American Battle At SJC Over Title Insurance Coverage

By Richard D. Vetstein, ESQ Rejects "In For One, In for All" Theory in Title Insurance Coverage One little mistake in drafting and recording legal documents during a refinance can result in a huge problem for a lender - such as the lender having no legal ability to enforce the mortgage...

More Courts Reject Eleventh-Hour Attempts To Avoid Foreclosure Based On An Alleged Lack Of Standing

Two more Appellate Division panels have refused to allow defendant's in foreclosure lawsuits to raise standing as an eleventh-hour defense. As we previously reported -- Changing Tide in Forclosure Litigation? Courts Taking Closer Look When Defendants Assert Lack Of Standing At Last Minute -- there...