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|Sixth Circuit Holds that Legal Entities are “Persons” Under the Fair Debt Collection Practices Act|
Patricia J. Scott; Foster Swift Collins Smith P.C.;
August 27, 2015, previously published on August 27, 2015Is a corporation a person? This oft-debated topic has been the subject of many legal disputes, and even found its way into the headlines during the 2012 presidential campaign. The U.S. Supreme Court recently, famously and controversially grappled with the issue of whether corporations are...
|Case Alert: Boudreaux v. Cummings - A Shift in the Law May Have Consequence for the Development of Property|
David A. Martinez; Steeg Law Firm, LLC;
August 24, 2015, previously published on Summer 2015In this article Senior Associate David A. Martinez clarifies a recent case, Boudreaux v. Cummings, which may signal a meaningful shift and restriction on the ability of an owner to acquire a servitude right to the use of a driveway or alley of another property owner to access their own property.
|Supreme Court Takes on Housing Discrimination|
Christopher A. Roach; Adams and Reese LLP;
August 20, 2015, previously published on August 17, 2015The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the Fair Housing Act (FHA), even if there is no proof that discrimination was intentional. In a 5-4 decision, the Court formally recognized the availability of “disparate...
|Payment by Installments for Changing Permitted Use of Land in Moscow Possible|
Elena Stepanova; Capital Legal Services;
August 13, 2015, previously published on March 20, 2015Currently, changing the permitted use of privately owned land to another permitted use allowing construction and/or reconstruction of the capital facilities is performed in Moscow on a paid basis according to the general rule.
|Orange County Hotels See Significant Increase in Property Appraiser Valuations|
S. Brendan Lynch; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
August 11, 2015, previously published on August 10, 2015After weeks of rumors regarding hotel valuations in Orange County, it is now confirmed: the Orange County Property Appraiser has made it a priority to increase both the market values and assessed values of hotels for 2015. This is particularly true for “high-end” hotels, which have seen...
|Beware Of The One-Two Punch Expected In The Fair Housing Law Arena|
Christine Baran, C. Edward Rawl, Danielle S. Urban; Fisher & Phillips LLP;
August 11, 2015, previously published on August 10, 2015The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those businesses that provide financing and insurance coverage for the industry...
|Builder Victory in Arizona on Subsequent Homeowner Defect Claims|
Jill Ann Herman, Robert R. Monroe; Wood, Smith, Henning & Berman LLP;
August 10, 2015, previously published on August 4, 2015This case is important to builders in the State of Arizona because it effectively eliminates any claim that a subsequent homeowner may bring for negligence. Before this case, subsequent homeowners arguably had more rights than original homeowners for construction defects because the economic loss...
|The Top Questions Every Lender Should Ask When Reviewing Commercial Leases|
Ann M. McGowan Mehlert; Lerch, Early & Brewer, Chartered;
August 7, 2015, previously published on August 3, 2015You are tasked with handling the due diligence for a commercial real estate loan. The dollar amount of the loan is based on the rental stream from leases on the property. Sitting on your desk is a pile of leases - some longer than a hundred pages. On top of that pile is a rent roll given to you by...
|Inadvertent Releases of Financing Statements and Mortgages|
Edward J. Levin; Gordon Feinblatt LLC;
August 7, 2015, previously published on July 2015Wouldn’t it seem that the results should be the same in both cases - that inadvertent releases of termination statements either are effective or ineffective - especially if third parties are not adversely affected? Actually, the answer provided by a recent Second Circuit case under the...
|Court Upholds Validity of Security Interest Where Financing Statement Was Filed Early|
Cindi E. Cohen; Lerch, Early & Brewer, Chartered;
August 7, 2015, previously published on August 3, 2015In the case of In re Adoni Group, Inc., the Bankruptcy Court for the Southern District of New York upheld the perfection of a security interest where the financing statement was filed prior to the execution of the security agreement without prior written authorization from the debtor.