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News & Developments »

Supreme Court Rules in Fannie Mae-Freddie Mac Case

Non-party banks can't appeal from Second Circuit's decision in favor of FHFA in securities fraud test case against another bank.


MA High Court Considers the Role of Pre-Foreclosure Notices

The case, U.S. Bank National Association v. Schumacher, involves the statutory power of sale.


Environmental Indemnifications Only as Good as their Specific Language

A First Circuit ruling serves as a case study for taking care in drafting language in legal documents.



Articles »

New Expedited Foreclosure Acts Unlikely to Clear Backlogs

By Lisa D. Liebherr

Legislators may have to find another fix to foreclosure backlogs.


A Cross-Examiner's Primer: The Real Estate Appraiser and Highest and Best Use

By Kevin H. Brogan

The second in a series of articles on practical skills for new and experienced real estate litigators.


Massachusetts High Court Considers Modernizing State Lease Law

By Lawrence P. Heffernan, John T. Ronayne, Danielle Andrews Long, and Kendra L. Berardi

When is a lease not a lease? When it’s a contract.



Sound Advice »

audio Restrictive Covenants in Today's Retail Marketplace

By Anthony DeProspo, Jr.

Anthony DeProspo, Jr., explains that the enforcement of restrictive covenants is largely based on the individual circumstances of the case. (9:18 min)


audio Landlord Remedies in the Event of a Tenant Default Under a Lease

By Barbara Schimdt

Using 275 Washington Street Corporation Trustee vs. Hudson River International LLC as an example, Barbara Schmitt discusses landlord remedies. This case has implications that go far beyond Massachusetts. (8:33 min)


audio Expert Witness Testimony from a Real Estate Appraiser

By Judge Frank Bailey

Hear former litigator and current chief judge Frank Bailey as he gives insight on both sides of the issue. (8:02 min)


 
Roundtables »

audio The Future of Hydraulic Fracturing

"The Future of Hydraulic Fracturing Litigation" features a unique group of lawyers and non-lawyers to provide a fact-based peek into the future. The program will include presentations and an interactive discussion among the panelists. To temper doom-and-gloom hysteria with hard science, Yale professor of chemical engineering and hydrology Jamie Saiers will lay the foundation for how scientific studies are impacting shale development. Stephanie Meadows, senior policy advisor for the American Petroleum Institute, will share her insights based on high-level involvement with state and federal regulatory bodies. James D. Thompson, a trial lawyer with over 25 years of experience who was trained as a petroleum engineer, will discuss the types of cases we have seen to date and the likely areas of new litigation.


 

Announcements »

Diverse Speaker Database Now Available!

We are partnering with the Section of Real Property Trust and Estate Law to expand the use of their Diverse Speaker Database. The Diverse Speaker Database was created by the Section of Real Property to provide a comprehensive, easily searchable tool to identify speakers proficient in real estate and estate planning law, who are interested in participating in ABA activities. Find more information about how you can make use of this tool when planning your CLE programs and publications.


Real Estate Litigation: Spring 2013

The latest issue of the Real Estate Litigation e-newsletter is now available.

 

 

Real Estate Litigation Leadership

Cochairs Web Editors Committee Content Chair
Jeffrey S. Tibbals

Charleston, SC


Steven S. Kaufman

Cleveland, OH


Dipali Parikh

Cleveland, OH


Grant Austin

Orlando, FL


Nick Chop

Jacksonville, FL

Marc Goldstein

Boston, MA