Real Estate & Construction

November 30, 2020

Your humble Fair Housing Defense Blog editor gets questions from readers time to time. Which is good. Some I can’t answer off the cuff – such as “[i]t will just take a minute, but can you tell me how much my claim is worth?” Obviously, I can’t do that. And remember, I am the guy who represents professional apartment ownership/management. Another question I regularly get concerns if a specific property is covered under the federal…

Talkov Law Blog

A Free Guide on How to Enforce Arbitration Agreements

By Nick Moss

November 30, 2020

Arbitration Agreements Govern a Wide Range of Disputes Arbitration agreements are becoming more and more prevalent in a wide range of contracts. For example, depending on the breadth of the arbitration clause governing the parties’ relationship, arbitration may be compelled in real estate litigation, commercial landlord-tenant disputes, real estate fraud cases, business litigation, breach of contract actions, and business fraud actions. As such, it is important to understand what…

California Land Use & Development Law Report

Sacramento Superior Court Rules That Insects Are Not Eligible for Listing Under the California Endangered Species Act

By Kaela Shiigi & Marc Bruner

November 30, 2020

In a widely watched case, the Sacramento Superior Court court ruled that insects are not eligible for listing under the California Endangered Species Act. Almond Alliance of California v. California Department of Fish and Wildlife, Sacramento Superior Court No. 34-2019-80003216 (Nov. 13, 2020). CESA defines “endangered species” as a “native species or subspecies of a bird, mammal, fish, amphibian, reptile or plant which is in serious danger of becoming instinct.” Fish & Game Code…

Eminent Domain and Real Estate Valuation

Threshold for Loan Exemption from Appraisal Requirements Will Remain at $27,200

By David Snyder

November 30, 2020

The Consumer Financial Protection Bureau, Federal Reserve Board, and Office of the Comptroller of the Currency announced that the threshold for exempting loans from special appraisal requirements for higher-priced mortgage loans during 2021 will remain at $27,200 (2020’s threshold). Dodd-Frank added appraisal requirements for higher-priced mortgage loans, including a requirement that creditors obtain a written appraisal based on a physical visit to the home’s interior before making a higher-priced mortgage loan. The rules implementing these…

Louisiana Law Blog

Louisiana Court Limits the Reach of Economic Nexus in Jeopardy Productions

By Jaye Calhoun, William Kolarik & Mike McLoughlin

November 30, 2020

In a case examining the extent to which the 14th Amendment Due Process Clause limits a state assertion’s of jurisdiction over an out-of-state taxpayer, the Louisiana Court of Appeal for the First Circuit held that the Court lacked personal jurisdiction over an out-of-state corporation for income and franchise tax purposes because the corporation’s contacts with the state were not sufficient to satisfy the minimum contacts requirement of the Due Process Clause.[1] For a number…

Louisiana Law Blog

The Regional Comprehensive Economic Partnership (RCEP): The Agreement that Promises to Reshape the International Trade Landscape

By Stephen Hanemann & Gabriel Silva

November 30, 2020

After several years of negotiation and political posturing, 15 countries signed the Regional Comprehensive Economic Partnership (RCEP) trade agreement on November 15, 2020. The RCEP includes several countries from the Southeast Asia and the Pacific region, including Australia, Brunei, Cambodia, China, Indonesia, Japan, Laos, Malaysia, Myanmar, New Zealand, Philippines, Singapore, South Korea, Thailand, and Vietnam. RCEP has the distinction, along with the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), of serving as one of…

California Construction Law Blog

Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant

By Garret Murai

November 30, 2020

Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court.……

California Land Use & Development Law Report

Fifth District Holds Defects in EIR’s Air Quality Impact Analysis Require Decertification of Entire EIR

By Julie Jones

November 30, 2020

On remand from the California Supreme Court’s decision in Sierra Club v. County of Fresno, 6 Cal.5th 502 (2018) (“Friant Ranch I”), a court of appeal has held that CEQA requires full decertification – not partial decertification – of an EIR that has been adjudged inadequate in any respect. In addition, the court concluded that even if partial decertification were ever allowed, here the EIR’s defects could not be severed from the County’s project approvals,…

Long Island Land Use and Zoning

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

By Anthony S. Guardino

November 30, 2020

In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town resident commenced an action in the United States District Court for the Eastern District of New York challenging the resolution’s constitutionality. The complaint was filed by Kevin McKenna, who describes himself as a citizen advocate and editor…

BuildSmart

Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim

By D. Bryan Thomas & Amandeep S. Kahlon

November 30, 2020

On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and Jefferson County Metropolitan Sewer District, the appellate court concluded that the contractor’s failure to comply with contractual provisions necessary to preserve its claim were fatal to its lawsuit. The case involved a sewer replacement project that required excavation and removal of a…