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Kezer v. Mark Stimson Assoc.: Broker Not Negligent for Failing to Disclose Environmental Problems near Property and Prior Adverse Reports on Water Supply

May 1, 2000: 

In 1999 Maine's highest court considered when a broker would be negligent for failing to disclose environmental problems in close proximity to the property, and also what duty a broker had to discover and disclose prior adverse water test results for a property's private water supply.

Royer v. Ohio Real Estate Comm'n: Commission's Failure to Follow Rules Results in Reversal of Sanction

April 1, 2000: 

An Ohio appellate court recently considered whether the Ohio Real Estate Commission's failure to follow procedural rules warranted dismissal of its sanction against a licensee.

Bazal v. Rhines: Restriction on Number of Dogs Was a Material Fact

April 1, 2000: 

A recent decision from the Court of Appeals of Iowa, Bazal v. Rhines, addressed issues of fiduciary duties and the duty of good faith. In this case, the Bazals (the "Sellers") owned a home in the Bowman Woods development in Iowa. In June 1995, they listed it for sale with Dick Brown who was affiliated with the Skogman Realty Company (the "Brokerage"). The Brokerage and affiliated companies had developed Bowman Woods, and it was the exclusive listing broker for all new homes in the development.

Montana Fair Hous., Inc. v. Am. Capital Dev., Inc.: Montana Federal Court Rules Developer Violated the FHA

April 1, 2000: 

A federal district court in Montana recently considered whether the actions of an architect, builder, and owners of a low-income housing project violated the federal Fair Housing Act ("FHA").

Wright v. Rub-A-Dub Car Wash, Inc.: Landlord's Consent to Sublease Can Be Withheld to Address Environmental Problems on Property

April 1, 2000: 

The Supreme Court of Mississippi recently considered when it would be unreasonable for a landlord to withhold its consent to allow a tenant to enter into a sublease.

From 1990 forward, Rub-A-Dub Car Wash, Inc. ("Tenant") operated a car wash on subleased property owned by several individuals (collectively, the "Owners"). The sublease stated that the tenant could not sublease without the consent of the Owners. It also stated that the Owners’ consent could not be "unreasonably withheld."

Gleklen v. Democratic Congressional Campaign Comm., Inc.: Employer Acting in Nondiscriminatory Manner Can Terminate Pregnant Employee Who Refuses to Work Full-Time

April 1, 2000: 

The federal appellate court for the District of Columbia recently considered when an employer can fire a pregnant employee.

Amy Gleklen (“Employee”) worked as Deputy Director of the Harriman Communications Center (“Employer”), which is part of the Democratic Congressional Campaign Committee. Since the Employer’s needs for employees were cyclical, the Employee moved back and forth between full and part-time status with the Employer.

Flamm v. Am. Association of Univ. Women: Defamation Lawsuit Can Proceed Against Association for Statements Contained in Attorney-Referral Directory

April 1, 2000: 

In 2000 a federal appeals court considered when an association could be liable for defamation for statements published in a referral guide that it distributes to its members.

Alexander v. Omega Management, Inc.: Property Management Company Is Not Subject to Federal Debt Collection Rules

March 1, 2000: 

A Minnesota federal district court considered whether a property management company was subject to the rules of the Fair Debt Collection Practices Act ("FDCPA") when it tried to collect late fees from a member of a property owners association.

Re/Max of New Jersey, Inc. v. Wasau Ins. Co.: New Jersey Re/Max Sales Associates Are Considered Employees for Purposes of Workers' Compensation

March 1, 2000: 

The Supreme Court of New Jersey recently considered whether Re/Max sales associates are classified as independent contractors or employees under the state’s workers’ compensation laws.

Workers' compensation laws vary by state. In general, employees carry workers' compensation insurance or self-insure for this type of liability. Employers must provide coverage for employees. Whether an independent contractor must be covered under workers' compensation laws is determined by state statute and interpretive judicial decisions (case law.)

American Society of Association Executives v. United States: Federal Court Upholds Tax on Lobbying Activities of Tax-Exempt Organization

March 1, 2000: 

A federal appeals court considered whether a tax on the lobbying activities of a tax-exempt 501 (c)(6)organization unconstitutionally interfered with the free-speech rights of such organizations.

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