LexisNexis® Legal Newsroom
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...

Californians Now Permitted To Capture and Use Harvested Rainwater Pursuant to Rainwater Recapture Act of 2012

By Scott Slater and Courtney Davis of Brownstein Hyatt Farber Schreck, L.L.P . Passage of the Rainwater Recapture Act of 2012 affords residential users and private and public entities with a new source of on-site water supply, which should reduce reliance on potable water for landscaping needs and...

Marten Law on Decker v. Northwest Environmental Defense Center: No Permit Required for Stormwater Discharges from Logging Roads, U.S. Supreme Court Rules; Attention Shifts to EPA Rulemaking

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"...

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...

Coverage Opinions–September 11th: Revisiting The “War Risk” Exclusion

By Randy J. Maniloff, White and Williams, LLP New York Federal Court Holds That September 11th Was An "Act Of War" 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...

9/11 and the CERCLA “War Risk” Exclusion

By Randy J. Maniloff, White and Williams, LLP New York Federal Court Holds That September 11th Was An "Act Of War" 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...

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...

An Analysis of the Conflict in Chinese Property Law: Eminent Domain Powers versus Real Property Rights

by Dr. Fang Ye This article, written by a partner at a Shanghai, China, law firm, covers eminent domain powers and real property rights in China. It discusses the public interest requirement in land-taking laws in China, the exercise of eminent domain powers in China, and the illegal taking of property...

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia

By Roger D. Winston, Shelah F. Lynn and Timothy P. Martin A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar consumer protection...

Company, Government Tell High Court That Landowners’ Claims Are Time-Barred

WASHINGTON, D.C. — (Mealey’s) Attorneys for CTS Corp. and the U.S. Department of Justice told the U.S. Supreme Court April 23 that a Fourth Circuit U.S. Court of Appeals ruling reinstating a lawsuit brought by landowners asserting claims under the Comprehensive Environmental Response, Compensation...

Unusual Area of Law for the NC Business Court: Life Estate in a Beach House

When Governor McCrory appointed Judge Gregory McGuire to the Business Court, I doubt that he had any concern whether Judge McGuire had any expertise in the area of trusts and estates. After all, that area of law is not enumerated in the types of case that warrant designation to the Business Court, contained...