Real Estate & Property Law

1835 ABA Journal Real Estate & Property Law articles.

Afternoon Briefs: Supreme Court to hear juvenile sentencing case; Led Zeppelin wins ‘Stairway’ fight

Supreme Court takes another case over juvenile life-without-parole sentences

The Supreme Court agreed on Monday to determine if the Eighth Amendment’s ban on cruel and unusual punishment requires the court…

‘Heartbroken’ appeals judge removes misunderstood Monet reference from opinion
A judge on the 2nd U.S. Circuit Court of Appeals at New York says he removed a Monet reference from an opinion after it was misconstrued as a criticism of the artist.
Why the increase in malpractice risk? Lawyers for plaintiffs point to trial lawyering, bill padding
Two lawyers who handle malpractice cases are pointing to two possible reasons why BigLaw is facing increasing malpractice risks.
Afternoon Briefs: Youths’ climate-change suit tossed; Ken Starr and Alan Dershowitz join Trump legal team

9th Circuit tosses youths’ climate-change suit on standing grounds

The 9th U.S. Circuit Court of Appeals at San Francisco dismissed Friday a climate-change lawsuit filed on behalf of…

Broke Ass Phone had First Amendment right to use its name on sign, appeals court rules
A divided appeals court has ruled that the word ass when used in the phrase “broke ass phone” is neither obscene nor immoral, and a business using that name had a First Amendment right to display it.
The role of counsel in preserving and protecting a closely held business

Many lawyers, accountants and business consultants advise closely held and family businesses. A critical time for these counselors occurs when the founder and sole owner starts to consider the role…

Former mortgage-relief law firms ordered to pay $59M for misrepresenting their services
A federal judge in Wisconsin has ordered two defunct mortgage-relief law firms and their attorney principals to pay $59 million in restitution and civil penalties for misrepresenting their services to consumers.
Foreclosure lawyer disbarred for ‘loudly lecturing’ judge and keeping settlement offers secret
Updated: A Florida foreclosure lawyer has lost his law license for his belligerent conduct in the courtroom and his failure to communicate settlement offers with two clients, including a woman who nearly lost her home because of his conduct.
Lawyer practiced for 17 years despite suspension, disciplinary board says
The Pennsylvania Supreme Court has disbarred a lawyer who was suspended 17 years ago but allegedly continued to practice law.
Commercial landlords increasingly found liable for actions of rogue tenants who sell counterfeit goods

Counterfeits are big business, estimated at $509 billion worldwide in 2016. Increasingly since the 1990s, brands are finding a strategy in going after commercial landlords, who often have deeper pockets than the sellers.

Legal skirmish pits wealthy town against affordable-housing advocates
For much of the past 13 years, attorney Timothy Hollister has battled local elected officials here on behalf of a developer who wants to build more affordable housing in one of America’s wealthiest towns.
ABA hosts first-ever cannabis and hemp law conference
Judge says landlord should pay $17K for threatening to call ICE on tenant; decision could be a first
An administrative law judge in New York City ruled earlier this month that a landlord should pay a $5,000 fine and $12,000 in damages for threatening to call U.S. Immigration and Customs Enforcement on a tenant who was in the country illegally.
Suspended lawyer can’t shield home in bankruptcy from malpractice judgment, 7th Circuit says
A suspended Illinois lawyer who had owned his home as a tenant by the entirety before his wife’s death won’t be able to shield the property in bankruptcy from a former client who won a default malpractice judgment.
Afternoon Briefs: Lawyer who scammed Charles Barkley gets prison; DA wants death penalty overturned

An Alabama lawyer was sentenced to five years in prison on Tuesday for running an energy investment scheme that defrauded former NBA star Charles Barkley and other athletes. Donald…

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