Terra Venture, Inc., v. JDN Real Estate-Overland Park, L.P.: Brokerage Cannot Collect Extra Fees from Developer
A Kansas federal court has considered a real estate brokerage's claims against a developer whom the brokerage claimed delayed a project through its incompetence, causing the brokerage to miss targets which would have entitled it to receive bonuses.
Freeman v. Lasky, Haas & Cohler: Antitrust Allegations against REALTOR® Association Officials Rejected
A California appellate court has considered whether association lawyers and their clients could be liable for violating the antitrust laws through discovery violations.
San Remo Hotel, L.P. v. City and County of San Francisco: U.S. Supreme Court Refuses to Create Exception in Takings Cases
The Court has considered whether a litigant has a right to bring federal takings claims in federal court, even if the issues have already been litigated in state court.
New Jersey Ass'n of REALTORS® v. New Jersey Dep't of Envtl. Prot.: State Association Voids Recordkeeping Requirement
A New Jersey appellate court has considered the New Jersey Association of REALTORS®' challenge to a state regulation requiring the association to maintain certain environmental records.
A California court has considered whether a court properly denied a real estate license to a disbarred attorney.
The California Department of Real Estate ("Department") denied Bernard James Berg ("Applicant") a real estate license. The Department based its denial on earlier proceedings conducted by the state bar which had resulted in the Applicant's disbarment as an attorney. The grounds for the Applicant's disbarment involved his overbilling of a client and withdrawing disputed funds from his trust account.
A federal appellate court has considered whether children could bring a lawsuit for alleged violations of the federal Residential Lead-Based Paint Act ("Act").
Jack Russell Terrier Network of N. California v. Am. Kennel Club, Inc.: Different Levels of Association Cannot Engage in an Antitrust Conspiracy
A federal appellate court has considered whether a national dog club could conspire with its regional affiliates in violation of the Sherman Act.
A South Carolina appellate court has decided whether a lower court properly directed a verdict in favor of a brokerage based on a protection clause contained in the listing agreement.
A Wisconsin federal court has considered whether a multiple listing service participant could bring a class action lawsuit against a REALTOR® association and its multiple listing service over the practice of requiring association membership for multiple listing service participation.
A Utah appellate court has considered whether a commercial brokerage could collect a commission for a lease renewal which occurred outside of the listing agreement's protection period.