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Terra Venture, Inc., v. JDN Real Estate-Overland Park, L.P.: Brokerage Cannot Collect Extra Fees from Developer

July 1, 2005: 

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

July 1, 2005: 

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

June 1, 2005: 

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

June 1, 2005: 

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.

Berg v. Davi: No Real Estate License for Disbarred Attorney

June 1, 2005: 

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.

Mason v. Morrisette: Minors Cannot Allege Violations of Federal Lead-Based Paint Act

June 1, 2005: 

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

June 1, 2005: 

A federal appellate court has considered whether a national dog club could conspire with its regional affiliates in violation of the Sherman Act.

The Huffines Co., LLC, v. Lockhart: Court Considers Protection Clause

June 1, 2005: 

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.

Reifert v. South Central Wis. MLS Corp.: Class Certification Denied in Antitrust Lawsuit

June 1, 2005: 

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.

Tom Heal Commercial Real Estate, Inc., v. Overton: Broker Awarded Commission for Lease Renewal

June 1, 2005: 

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.