Share
Case summaries are provided for educational purposes only, and are not a substitute for legal advice by a licensed attorney in your jurisdiction. Case law may change over time, so be sure to confirm a case is still good law.
Share
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.
The federal Fair Debt Collection Practices Act ("FDCPA") was enacted to protect consumers from unfair and abusive debt...
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...
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.
In 1993, Congress amended the tax code to eliminate the deduction previously allowed to businesses for lobbying expenditures (“Code”). To ensure that no loopholes existed, Congress...
In 1999 a federal district court in New York considered whether a large association was liable for unused hotel rooms that the hotel blocked off for its annual convention.
In 1993, the Women’s International Bowling Congress (“Association”) chose Buffalo, New York as the city for its 1996 Annual Meeting and Championship Tournament (“Convention”). The...
The Supreme Court of the United States recently considered whether Missouri’s limits on campaign contributions violated the First and Fourteenth Amendment free speech guarantees found in the Constitution of the United States.
In 1997, Missouri voters approved a ballot initiative that established limits on campaign contributions. The limits ranged from $250 to $1,000, depending on...
The Supreme Court of Utah recently considered whether the failure to understand a contract written in English is an appropriate basis for voiding a real estate sales contract.
Georgiy Semenov (“Purchaser”) emigrated to the United States in 1991 from Russia. In 1994, he entered into an agreement to purchase an “Eat-A-Burger” restaurant from Hill Daw, Inc. (...
In a 2000 case, the Court of Appeals of Maryland considered when a Baltimore landlord could be liable for injuries suffered by his tenants because of exposure to lead-based paint.
In 1981, HF & S Partnership (“Landlord”) bought a house located at 4112 Hayward Avenue in Baltimore, Maryland. Christopher Brown was living in the house at the time of the Landlord’s...
The Superior Court of New Jersey, Appellate Division, recently considered what type of payment constitutes an unlawful split of a real estate commission.
Markheim-Chalmers, Inc., ("Broker") is a licensed New Jersey real estate broker. It obtained a lease for American Shower and Bath ("Subsidiary"), a subsidiary of Masco Corporation ("Parent"). The lease...
A New York State court recently considered whether sellers and their real estate sales associates have a duty to disclose the presence of a sex offender in the neighborhood to a buyer.
The Supreme Court of North Carolina addressed whether a property owner and rental firm can be liable for personal injuries suffered by renters on their vacation rental property.
The Ingrams (“Owners”) owned a vacation beach house on Emerald Isle, North Carolina. The Owners entered into an agreement with Emerald Isle Realty, Inc. (“Rental Firm”) to lease the...