Search results for Property Taking Defense

Court Rejects Plaintiff Attempts to Preemptively Limit Defense Cross Claims and Expert Testimony

A recent defense victory reinforces key procedural protections for defendants and pushes back against a growing plaintiff‑side litigation tactic....By: Weber Gallagher Simpson Stap...

Turning Defense Into Offense

Nothing blocks a license transaction more than when the target feels that they have a killer noninfringement defense. The post Turning Defense Into Offense appeared first on Above...

The Intervening Cause Defense

North Flats LLC v Belkin Burden Goldman, LLP 2026 NY Slip Op 01165 Decided on March 03, 2026 Appellate Division, First Department is an example of where the defenses of insufficien...

Negligent Security in California: Common Defenses and How to Counter Them

When Negligent Security Turns a Safe Place Dangerous Negligent security cases often start in places that are supposed to feel safe. Apartment complexes, parking garages, malls, hot...

What Is Likely the Weakest Provision in Your Multi-State Lease?

Employing a single, ubiquitous eminent domain lease provision for multiple states is like displaying a single photograph of a wolf as the individual portrait for every finalist at...

Winnipeg agent points to waived inspection in defence against square footage claim

A Winnipeg agent and brokerage are seeking to dismiss a lawsuit alleging they misrepresented a property they listed by thousands of square feet, saying the buyer waived an inspecti...

NJ $16M Verdict Won as Plaintiff Counsel Portray 'Arrogant Bunch of People'

Depicting one's adversaries as wealthy and demanding outsiders seems to have paid off in this case. The jury awarded $16 million after hearing the owner of the warehouse described...

Fence Me In! Court Refuses to Let an Impossible Protective Safeguard Defeat Coverage

A year ago, I wrote about the trial court decision in 3371 Reading, LLC v. Liberty Mutual Group, in Don’t Let Protective Safeguards Become Your Policy’s Poison Pill. I warned polic...

Innocent Property Owners Deserve 'Just Compensation' When Cops Wreck Their Homes or Businesses

Two petitions ask the Supreme Court to uphold the remedy required by the Fifth Amendment.

Data Center Dispute Reinforces Broad Duty to Defend Standard

A federal court decision in Navigators Specialty Insurance Company v. SVO Building One, LLC emphasizes the breadth of the duty to defend under California law and the difficulty ins...

Property Reserve Redux: Do Statutory Conditions on the Power to Condemn Apply to Precondemnation Entries?

Property Reserve, Inc. v. Superior Court (2016) 1 Cal. 5th 151, is a landmark precondemnation entry case that reinforced the statutory right of a party with the power of eminent do...

Police Destroyed Innocent People's Property—and Left Them With the Bill. Will the Supreme Court Step In?

The Fifth Amendment's Takings Clause promises "just compensation" when private property is taken for public use. But some courts have ruled that it does not always apply when polic...

Historic Taking

The owners of the house that Marilyn Monroe died in claim in a lawsuit that the city took their property when it landmarked it.

Limiting Agent Liability in Pennsylvania: Knowledge, Reliance, and the E&O Landscape

Errors & Omissions (E&O) claims against real estate professionals in Pennsylvania frequently arise from allegations of nondisclosure or misrepresentation. However, Pennsylv...

What Happens to Access, Parking, and Other Business-Critical Features in a Taking

When Florida condemning authorities take real property through eminent domain, the headlines tend to focus on the land itself, including square footage acquired and the dollar valu...

Sued for Defamation in Illinois? The Defenses That Can End the Case Before It Gains Momentum

The summons rarely feels proportional to what happened. You left an honest review of a contractor. You warned a colleague about a vendor who had burned you. You answered a reporter...

Advanced Negotiation Strategies for Better Eminent Domain Settlements

When the government or a utility company notifies you that they intend to take your property through eminent domain, it often feels like an uphill battle where you have no say in t...

Supreme Court Realigns Government Contractor Defense

Government contractors are familiar with the “government contractor defense” that can limit liability for work performed under a federal contract. The defense is often discussed th...

The Danger Hidden in Your Proof of Loss: A Costly Lesson from an Appraisal Fee Case

A recent federal court decision out of Illinois should make every policyholder and public adjuster understand the importance of submitting a proof of loss. 1 It is a case about app...

Defense is not a bargaining chip

Artificial Turf Ruling May Make It Safer to Provide Legal Assistance to New Hires

A recent decision from a Georgia federal court offers hope that hiring employers may be able to provide financial assistance — even going as far as indemnifying their new hire from...

New Jersey Court Enforces Broad Capacity Exclusion; Your Results May Differ

The New Jersey Supreme Court ruled in Mist Pharmaceuticals, LLC v. Berkley Insurance Company that a D&O insurer did not forfeit its right to rely on a capacity exclusion after...

Asset Protection Trust Can’t Shield Real Property in Other States

A California court rules that the IRS can access real estate in self-settled trusts, highlighting the limits of asset protection for taxpayers.

Husband’s Mineral Interest Deemed Separate Property

“Gambit”: A calculated move, a stratagem. An example might be to buy a mineral interest with a long and complicated title history from the incarcerated son of a deceased parent and...