Real Estate & Property Law

Didn’t get it in writing? There may still be a way, says author of ‘Litigating Constructive Trusts’

“If you don’t have it in writing, you’re out of luck.” That’s the common wisdom you’ll hear. But while getting an agreement in writing is a best practice, in some cases you might have more options than you think to enforce a unwritten agreement.

Jul 12, 2023 9:00 AM CDT

Crowell may pursue lawsuit for COVID-19 rent break, DC judge says

Crowell & Moring may pursue its lawsuit seeking a $30 million rent refund because of government orders that interfered with its use of its property during the COVID-19 pandemic, a Washington, D.C., judge has ruled.

Jun 29, 2023 9:20 AM CDT

Nonlawyer advocates can help tenants facing eviction in program approved in 2 states

The Arizona Supreme Court and the Utah Supreme Court have approved proposals to allow trained, nonlawyer advocates to provide free limited-scope representation to tenants facing housing instability.

Jun 14, 2023 9:30 AM CDT

Law school clinics tackle challenging issue of heirs’ property rights

Heirs’ property is a name given to a home or land left to family members without an effective deed or will. With no clear title proving ownership, it can be difficult for descendants to sell or lease their property, build equity, or take advantage of homeowner assistance funds or disaster relief.

May 30, 2023 8:14 AM CDT

Supreme Court decision in wetlands case will impair flood control, affect water quality, Kavanaugh warns

The U.S. Supreme Court ruled against the U.S. Environmental Protection Agency on Thursday in its bid to classify an Idaho property as protected wetlands.

May 25, 2023 1:06 PM CDT

SCOTUS rules for grandmother in tax foreclosure takings fight; Jackson again pairs with Gorsuch

Updated: The U.S. Supreme Court ruled Thursday that a 94-year-old woman could pursue a claim that a tax foreclosure sale violated her rights under the Fifth Amendment’s takings clause.

May 25, 2023 11:29 AM CDT

ABA Military Pro Bono Project has been connecting volunteer attorneys to servicemembers in need for 15 years

It hardly makes sense to ask military members to make the ultimate sacrifice for our country—and then deprive them of access to legal services, says Pamela Stevenson, chair of the ABA Standing Committee on Legal Assistance for Military Personnel.

May 22, 2023 8:49 AM CDT

Wins for 2 corruption defendants show Supreme Court’s distaste for broad interpretations of fraud laws

The U.S. Supreme Court on Thursday overturned two public corruption convictions.

May 12, 2023 11:22 AM CDT

Lawyer’s paralegal was fooled by fraudster who changed wiring instructions, suit says

A Connecticut lawyer sent part of the proceeds from a home sale to a fraudster’s bank account, rather than the bank holding the mortgage, a negligence lawsuit alleges.

Apr 27, 2023 2:14 PM CDT

What legal theory is Disney using to sue Florida Gov. Ron DeSantis?

Disney’s federal lawsuit against Republican Florida Gov. Ron DeSantis alleges that he violated several constitutional protections by retaliating against the company for its political speech.

Apr 27, 2023 11:20 AM CDT

ABE’s annual grant program sends $300K to 12 innovative projects

Low-income clients overburdened by debt, transgender and nonbinary people who need help changing their names, and youths experiencing homelessness are among the groups supported this year by the American Bar Endowment’s Opportunity Grant Program.

Apr 26, 2023 11:50 AM CDT

BigLaw CEO bought property partly owned by Gorsuch, who didn’t disclose the buyer

Greenberg Traurig CEO Brian Duffy contracted to buy a property partly owned by Justice Neil Gorsuch nine days after the former appeals judge's confirmation to the U.S. Supreme Court.

Apr 25, 2023 2:47 PM CDT

When artists gain fame after death, questions can arise over copyright ownership

Several legal fights have pitted family members of an artist who died without a will against parties accused of commercially exploiting the artist’s work. Collectors or entrepreneurs who have obtained an artist’s physical work may then be tempted to try to profit from its underlying intellectual property, but they are different things.

Apr 1, 2023 1:30 AM CDT

‘King Charles clause’ limits new board overseeing Disney World, put in place after DeSantis’ feud

An agreement enacted by Disney World’s oversight board before its control was turned over to political appointees preserves power for Disney at the expense of the new board—and for quite a long time, thanks to a "King Charles clause."

Mar 31, 2023 3:33 PM CDT

BigLaw firm seeks COVID-19-era rent abatement in $30M suit

Crowell & Moring has filed a lawsuit contending that it is entitled to a rent abatement and interest totaling $30 million because of a “force majeure event” that interfered with its use of the property.

Mar 29, 2023 4:18 PM CDT