- How Does Indiana Treat the Twelve-Month Limitation Period to File Suit?by Chip Merlin on June 2, 2023 at 9:32 pm
The whopping bad faith verdict I wrote about in Whopping Bad Faith Verdict Caused By Insurers Hiring the Policyholder’s Expert, almost never happened. The insurance policy required a lawsuit to be […]
- Learning Business Income and Extra Expense Insurance Through the Insurance Academyby Chip Merlin on June 1, 2023 at 6:16 pm
The Academy of Insurance membership is a deal for those wishing to learn how the insurance product is supposed to work. Members of Merlin Law Group regularly schedule classes to learn how the […]
- Who Has a Right to Sue the Insurance Company? A Recent Case Suggests Standing Requires a…by Derek Chaiken on June 1, 2023 at 2:33 pm
The Merlin Law Group is often approached by individuals wishing to make insurance claims on policies where they are not the named insured. These are typically shareholders or members of a corporate […]
- Preparations for the Upcoming 2023 Hurricane Seasonby Kathryn Ray on June 1, 2023 at 12:19 am
Predictions Hurricane season is quickly approaching. As Floridians, we are well acquainted with the immense power and destruction these storms can bring. The upcoming Atlantic Hurricane Season runs […]
- New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the…by Anthony B. Cavender on May 31, 2023 at 4:53 pm
This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., […]
- Whopping Bad Faith Verdict Caused By Insurers Hiring the Policyholder’s Expertby Chip Merlin on May 31, 2023 at 3:15 pm
A whopping bad faith $112 Million punitive damage verdict in an Indiana federal court last week appears to be the result of insurers trying to “flip-flop” the policyholder’s expert consultant.1 […]
- The End Is Near For Louisiana Hurricane Ida Victimsby Chip Merlin on May 30, 2023 at 6:00 pm
The deadline to file a lawsuit for Hurricane Ida damage is quickly approaching in Louisiana. The deadline is August 29, 2023—two months from now. If you are a policyholder, public adjuster […]
- Hail Damage Claims and Neighboritisby Chip Merlin on May 30, 2023 at 10:00 am
The insurance claims industry has coined a new word and definition. A white paper by CapeAnalytics, How to Automate Hail Claims Processing With 96% Accuracy, noted the following regarding […]
- Memorial Day: Never Forget, Forever Honorby Merlin Law Group on May 29, 2023 at 9:33 pm
Please join Merlin Law Group this Memorial Day in remembering and honoring all who have served and sacrificed for our freedom. Continue Reading
- Do Appraisers Need to Be Licensed Adjusters or Public Adjusters? The DFS Declines to Rule on the…by Chip Merlin on May 27, 2023 at 5:54 pm
The Florida Department of Financial Services (DFS) issued an Order dismissing a petition on whether individuals must be licensed as adjusters or public adjusters to be named appraisers to an […]
- The Case of the Missing Market Conduct Exams: Part IIby Liberty Ritchie on May 26, 2023 at 7:08 pm
In late January, I wrote a blog post highlighting the absence of any published market conduct exams on the Oklahoma Insurance Department website after 2009, despite the OID’s claim that “[a]s […]
- Quitclaim Deeds in Floridaby James Brown, Esq on May 24, 2023 at 6:40 pm
This article explains the importance of Florida quitclaim deeds, often used to transfer ownership interest in a property.
- Real Estate & Construction News Roundup (05/23/23) – Distressed Prices, Carbon Removal and…by Pillsbury’s Construction & Real Estate Law Team on May 23, 2023 at 9:24 pm
In this week’s roundup, we consider distressed property bonds and loans, cities that are sinking under their own skyscrapers, efforts to lower carbon emissions, the unexpected potential of dirty […]
- Real Estate & Construction News Roundup (05/17/23) – A Flop in Flipping, Plastic Microbes and…by Pillsbury’s Construction & Real Estate Law Team on May 17, 2023 at 7:42 pm
In our latest roundup, we look at a downturn in home-flipping and a continuing overabundance of commercial office space, plus psychological support for construction workers and surging demand for […]
- Real Estate & Construction News Roundup (05/10/23) – Wobbling Real Estate, Booming (and Busting)…by Pillsbury’s Construction & Real Estate Law Team on May 10, 2023 at 5:49 pm
In our latest roundup, the commercial real estate sector continues to wobble, construction booms and busts, flood insurance premiums reach eye-watering levels, and more. In its latest Financial […]
- Anticipating and Navigating the Rescue Capital Waveby Pillsbury’s Construction & Real Estate Law Team on May 10, 2023 at 2:39 pm
With 2023 well underway, it is clear that inflation, interest rates, decreased valuations and geopolitical unrest, together with the uncertain future of major asset classes (particularly office and […]
- Incidental Beneficiaries, Assumed Contracts and a Lack of Cureby Pillsbury’s Construction & Real Estate Law Team on May 5, 2023 at 5:58 pm
In “No Cutting the (Priority) Line!: Incidental Beneficiaries to Assumed Contracts and Leases Cannot Assert Cure Claims Against Debtors,” colleagues Dania Slim and Alana A. Lyman examine a […]
- Social Cost of Carbon Gets the Greenlightby Pillsbury’s Construction & Real Estate Law Team on May 1, 2023 at 4:54 pm
In “Fifth Circuit Permits the Use of the Social Cost of Carbon, for Now,” Anne Idsal Austin and David M. McCullough examine the court’s decision to allow the Biden administration to further […]
- Do cash homebuyers have an advantage?by Oppenheim Law on May 1, 2023 at 4:48 pm
Cash offers on homes have increased substantially over the last few years. In 2022, according to Redfin, 30% of all home sales were paid with all cash with 64% of all $1 million plus sales in Palm […]
- New Executive Order: Revitalizing Our Nation’s Commitment to Environmental Justice for Allby Anthony B. Cavender on May 1, 2023 at 4:39 pm
The White House has released the text of the President’s new Executive Order strengthening the Federal Government’s commitment to taking new actions to enhance and promote environmental justice. […]
- Real Estate & Construction News Roundup (04/26/23) – The Energy Transition and a Bit of…by Pillsbury’s Construction & Real Estate Law Team on April 26, 2023 at 1:38 pm
In today’s roundup, Americans can buy homes with bitcoin, new tech aims to engineer a novel building material, federal investments boost the coastline (and construction sales), and more. A bitcoin […]
- Real Estate & Construction News Roundup (04/18/23) – Clean Energy, Critical Infrastructure and…by Pillsbury’s Construction & Real Estate Law Team on April 18, 2023 at 5:15 pm
In today’s roundup, construction waxes and wanes, energy goals are set, and concerns abound for the commercial real estate market in the United States and Europe. A new AI-driven real estate […]
- Florida’s Affordable Housing Lawby Oppenheim Law on April 13, 2023 at 7:47 pm
The Live Local Act is Florida’s response to the housing crisis affordable legislation, designed to provide developers with substantial tax breaks and hundreds of millions of dollars in funding. On […]
- Housing Court To Speed Up Eviction Cases and Shift To More In-Person Eventsby Rich Vetstein on April 4, 2023 at 12:45 am
New Rules Aimed At Reducing Pandemic Era Case Backlogs and Delays Are the old days of packed Thursday morning summary process sessions coming back? They just may be. With the expiration of a pandemic […]
- Back to the Financial Time Machine: Bracing for the 2023 Recessionby Oppenheim Law on March 28, 2023 at 11:14 pm
As the global economic landscape continues to devolve, it is crucial to draw upon the lessons learned from previous financial crises, much like Marty McFly’s thrilling time travel experiences in […]
- Job Announcement: Property Lateral @Iowa Lawby Chris Odinet on March 16, 2023 at 10:25 am
The University of Iowa College of Law Faculty Hiring Announcement The University of Iowa College of Law anticipates hiring one to two lateral faculty members in the areas of Property Law and Civil […]
- Announcement: The Land Loss, Reparations & Housing Policy Conference @HLS & BCby Chris Odinet on March 15, 2023 at 3:52 pm
Boston College Law School’s new Initiative on Land, Housing & Property Rights, founded and directed by Professor Thomas W. Mitchell, a MacArthur Fellow, will have its launch on March 23rd and […]
- Best Home Deals? New Construction!by Oppenheim Law on March 13, 2023 at 7:39 pm
While there still are residential home buyers waiting to buy until mortgage rates lower and with home appreciation prices slowing, there are nevertheless opportunities for homebuyers in the new […]
- Boston Rent Control Bill Will Wreak Havoc In City’s Housing Marketby Rich Vetstein on March 9, 2023 at 9:55 pm
Wu Administration Misled Public On Details Of Plan: Corrupt Local Rent Control Boards Can Override Rent Increases, Lifetime Leases Allowed, Small Housing Providers Unfairly Targeted The Boston City […]
- Innovations in Commercial Office Spaceby Oppenheim Law on March 7, 2023 at 5:34 pm
Commercial workspaces are evolving as more people split their time between home and office. As a result, there are innovative ideas as to how the future of commercial real estate will evolve in terms […]
- Why are home prices continuing to be high?by Oppenheim Law on February 24, 2023 at 2:23 pm
There seems to be a pricing disconnect between would be homebuyers and sellers these days. Why? Homebuyers want to offer lower contract offers and yet sellers still want to obtain higher than normal […]
- Has the housing market slowdown passed?by Oppenheim Law on February 8, 2023 at 3:58 pm
While mortgage rates are still well above the 3% range from a year ago, the average 30 year home loan rate has fallen a full percentage point for the high 7% in November, bringing new buyers into the […]
- Worcester Area Couple Evicted For 14th Time, Leaving Trail of Unpaid Judgments and Moving Bills For…by Rich Vetstein on February 2, 2023 at 11:59 am
In my 25 years of law practice, I’ve seen a lot of crazy stuff, but this recent eviction case may top my list of “Professional Tenants.” With 14+ evictions, a slew of larceny charges on their […]
- Want to Sell Your House? Sell the Furniture!by Oppenheim Law on January 30, 2023 at 5:42 pm
Homebuyers, now more than ever, are buying homes which come with all of the furniture. While it was not unusual for second home or resort community homebuyers to purchase homes including the […]
- St. Louis Seeks Property Visitorby Chris Odinet on January 24, 2023 at 8:52 pm
Just in from SLU: Saint Louis University School of Law seeks a visiting professor for spring 2024 to teach a course package which includes property (a 4-credit, 1L course). We are open to considering […]
- Doctrine of Merger in California Real Estate – Owning adjoining parcels may eliminate an easement…by Law Office of James J. Falcone on January 23, 2023 at 4:30 pm
The Doctrine of Merger in California real property law provides that when a greater and lesser estate are vested in the same person, the lesser estate may merge into the greater estate and the lesser […]
- Redefining Home: Alternative Housing Optionsby Oppenheim Law on January 23, 2023 at 2:57 pm
As more and more people search for affordable homes, housing start-ups such as Boxabl offer an alternative to “traditional” housing. Boxabl provides mass produced building construction for small […]
- Rent Control: Coming To A Boston Rental Property Near You?by Rich Vetstein on January 19, 2023 at 2:35 pm
Boston Mayor Michelle Wu Preparing To File Comprehensive Rent Control and Just Cause Eviction Bill Update (3/8/23): Learn About The Disastrous Rent Control Bill Passed By Boston City Council […]
- SJC Gives Country Club A Mulligan From $5 Million Jury Award In Errant Golf Ball Caseby Rich Vetstein on January 17, 2023 at 9:20 am
High Court Rules That Trial Judge Improperly Instructed Jury On Golf Course Property Easement, Covenants and Restrictions In a case which has received national attention and a People Magazine […]
- Home Purchaser’s Change of Mind: Can You Get Out of a Real Estate Contract?by Oppenheim Law on January 12, 2023 at 10:56 pm
With increased interest rates and high home prices cooling the housing market, there are some homebuyers who have had a change of mind or “buyer’s regret” after executing a real estate […]
- Double Dipping By Cummings Properties Not Allowed In Commercial Lease Disputeby Rich Vetstein on December 7, 2022 at 4:22 pm
Appeals Court Rules That Liquidate Damages Clause Is Unenforceable Where It Allowed For Recovery of Rent For Remaining Term On Top of Rent Received From New Tenant If you enjoyed the famous Seinfeld […]
- Asessor Parcel Numbers (APN) Cannot Always be relied on in Legal Descriptions – the Rules Involvedby Law Office of James J. Falcone on November 16, 2022 at 6:47 pm
Assessor’s Parcel Numbers are usually included in the legal description of a deed. But that does not always work; there are times when the APNs do not exactly describe the individual parcel. The […]
- TAMU Journal of Property Law Symposium: Property Rights and Social Justice (by R. Walsh)by Chris Odinet on November 5, 2022 at 3:14 pm
This just in from Vanessa Casado Perez (Texas A&M): This year the Property Journal at Texas A&M is hosting a symposium around Rachael Walsh’s (Trinity College Dublin) new book Property […]
- Opportunity To Extend Certain Permits Due to Hurricane Ianby Kathleen O. Berkey, AICP on October 10, 2022 at 4:07 pm
Section 252.363(1)(a), Florida Statutes (2022), provides that certain qualifying permits and authorizations are eligible for an extension once a state of emergency is issued by the Governor for the […]
- Becker Attorneys in Florida, New York, and New Jersey Recognized as 2022 Super Lawyersby Kathleen O. Berkey, AICP on September 30, 2022 at 9:03 pm
Becker is thrilled to announce that several attorneys in the firm’s Florida and New Jersey offices have been named as 2022 Super Lawyers, an honor that recognizes the top 5% of the total lawyers in […]
- Easements for Road Use – When the Owner Can Can Make Improvements on the Unused Portion of the…by Law Office of James J. Falcone on September 26, 2022 at 3:13 pm
Easements for road purposes are common in California. But what happens when the width of the granted easement is far greater than the road actually used by the easement holder? In a decision out of […]
- 2023 Edition of The Best Lawyers in America Recognizes 33 Becker Attorneysby Becker on August 19, 2022 at 8:37 pm
The 2023 edition of The Best Lawyers in America®, one of the oldest and most revered peer review publications, honors 33 Becker attorneys across the Firm’s practices. Two Becker attorneys, Joseph […]
- Moringiello & Odinet on Blockchains in Real Estateby Chris Odinet on August 18, 2022 at 3:03 pm
Juliet Moringiello (Widener-Commonwealth) and Chris Odinet (Iowa-me!) have just posted Blockchain Real Estate and NFTs (William & Mary Law Review) to SSRN. Here’s the abstract: Non-fungible […]
- LSU Looking for Property Lawby Chris Odinet on August 2, 2022 at 7:41 pm
LSU is looking to make multiple hires this year in a variety of areas, including, but not limited to, property law. The chair of the Faculty Appointments Committee is Missy Lonegrass, who you may […]
- A Notice of Action (Lis Pendens) May be Recorded in a Constructive Trust Action – What it Takesby Law Office of James J. Falcone on August 1, 2022 at 3:35 pm
A Notice of Action, also known as Lis Pendens (Latin for “a suit pending”), may be recorded in a lawsuit that involves title to real property. Because this will prevent sale or refinancing of the […]