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When insurance policies cover apartments but not condominiums
  • Alston & Bird LLP
  • USA
  • June 27 2013

Subcontractors often obtain insurance in case of damage to the owner's property during construction. These insurance contracts contain specific


Select Medical litigation draws to a close: what settlement means for holders
  • Alston & Bird LLP
  • USA
  • February 4 2014

Select Medical Corporation and the State of Delaware, as represented by Secretary of Finance Thomas Cook and current State Escheator David Gregor


HOA liens are first in line
  • Alston & Bird LLP
  • USA
  • December 3 2014

On September 18, 2014, the Supreme Court of Nevada issued its decision in SFR Investments Pool 1, LLC v. U.S. Bank, in which the court considered the


Letter ruling addresses C corporation’s conversion to a REIT
  • Alston & Bird LLP
  • USA
  • February 3 2015

The IRS recently released the letter ruling (PLR 201503010) that was likely issued to Iron Mountain, a US multinational document storage company, on


REIT’s real property
  • Alston & Bird LLP
  • USA
  • February 2 2015

After an extended delay, the IRS released the letter ruling that likely was issued to Iron Mountain on its conversion to REIT status. The ruling


GGP: single purpose entity or all in the corporate family?
  • Alston & Bird LLP
  • USA
  • August 25 2009

On August 11, 2009, in a long-anticipated ruling in the Chapter 11 case of General Growth Properties, Inc. (GGP), the court denied the motions to dismiss that had been brought on behalf of several of the property-level lenders


The end of the threat to use eminent domain to take underwater home mortgages?
  • Alston & Bird LLP
  • USA
  • February 5 2014

Last November's SoCal Real Estate Finance Forum highlighted various municipalities' threatened use of their power of eminent domain to "take" the


Apportioning fault to all liable parties in premise liability cases
  • Alston & Bird LLP
  • USA
  • July 9 2012

In Couch v. Red Roof Inns, No. 1:10-cv-00045 (N.D. Ga.) the plaintiff was violently attacked by an unknown assailant while staying at defendant’s hotel


South (Ga): vendors who performed own home repairs were not buildersellers to whom exception to the rule of caveat emptor applies
  • Alston & Bird LLP
  • USA
  • December 10 2012

In Georgia, the long-standing rule in real estate purchases is caveat emptor (“let the buyer beware”


South (SC): Federal Arbitration Act provision in agreement found unenforceable because agreement involved intrastate commerce
  • Alston & Bird LLP
  • USA
  • December 10 2012

The Federal Arbitration Act (FAA) evidences a congressional policy to encourage arbitration, and although parties are free to agree that state arbitration law applies, the state law may be pre-empted by the FAA if the transaction involves interstate commerce