News & Analysis as of

Subsequent Purchasers

Gray Reed

Louisiana Land Damage Claim Can’t Survive Prescription and Subsequent Purchaser Rule

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In Lexington Land Development LLC v. Chevron Pipeline Company et al, a Louisiana landowner’s suit for damages to land alleged to have been caused by oil and gas operations failed to survive exceptions of prescription and the...more

Payne & Fears

Los Angeles Adopts COVID-19 Right of Recall and COVID-19 Worker Retention Ordinances

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On April 29, 2020, the City of Los Angeles adopted the COVID-19 Right of Recall Ordinance and COVID-19 Worker Retention Ordinance. On May 3, 2020 Mayor Eric Garcetti approved the ordinances. Both ordinances go into effect on...more

Patton Sullivan Brodehl LLP

Is an Irrevocable License Binding on a Purchaser?

A landowner grants a license by allowing someone else to use the land.  A license can be created by express permission, or by acquiescence (allowing the use with full knowledge and without objecting).  Normally, a license is...more

Smart & Biggar

Five important changes to the Canadian Patent Act now in effect

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The Budget Implementation Act, 2018, No. 2, Statutes of Canada 2018, c.27, received Royal Assent on December 13, 2018. As discussed in our earlier article, this is wide-ranging legislation implementing various provisions of...more

Beveridge & Diamond PC

Fifth Circuit: Louisiana’s Subsequent Purchaser Doctrine Bars Claims for Damage to Real Property

Beveridge & Diamond PC on

Applying Louisiana’s “subsequent purchaser doctrine” in the context of contamination from oil-and-gas operations, the Fifth Circuit affirmed the dismissal of a landowner’s property damage claims. See Guilbeau v. Hess Corp.,...more

Mintz - Bankruptcy & Restructuring Viewpoints

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

It is very common for bankruptcy court orders to provide that the court retains jurisdiction to enforce such orders. Similarly, chapter 11 confirmation orders routinely provide that the bankruptcy court retains jurisdiction...more

Fox Rothschild LLP

Will A Subsequent Purchaser Of A Property Built After 1991 Be Liable For Accessibility Issues Related To Design & Construction Of...

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As all of us in the property ownership/management business know, communities get bought and sold from time to time. Indeed, a property can be sold many years (even decades) after it was first designed and constructed....more

Pillsbury - Gravel2Gavel Construction & Real...

Louisiana’s Subsequent Purchaser Rule Bars Property Owner’s Claims

On April 18, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a Louisiana case that dismissed the plaintiff’s claims for property damage based on contamination caused to his property by...more

Seyfarth Shaw LLP

No New Trial: Court Grounds EEOC Following JetStream’s Victory In Religious Discrimination Trial

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Seyfarth Synopsis: Following a major victory for an airline-industry employer over the EEOC in a Title VII action regarding religious accommodations, the Court denied the EEOC’s motion for a new trial. The decision is a...more

Sands Anderson PC

Virginia Supreme Court Opinion Affecting Local Government Law: September 22, 2016

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The Virginia Supreme Court issued one additional opinion in September affecting local government law, on September 22, 2016. This opinion addressed the priority to be given a local government special assessment lien over a...more

FordHarrison

[Event] "Americas Labor & Employment Law Conference: Managing a workforce across the Americas and beyond" - Dec. 8th-9th, Miami,...

FordHarrison on

Attorneys from FordHarrison and Ius Laboris, the global Alliance of leading labor and employment law firms, will join in-house counsel to discuss the many challenges faced by multinational companies. The conference is aimed...more

Morgan Lewis

Changes to Transferring Employment Contracts in France After the 8 August Law - Des transferts de contrats de travail: les apports...

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When a service provider in a market changes, employment contracts may be transferred from the previous to the new owner to avoid dismissing employees who work at the site, however, whatever the legal vehicle by which the...more

Mintz - Employment Viewpoints

Corporate Divorce Series: Acqui-Hires: A Corporate Blended Family?

Blended families may be more common than organic ones these days and perhaps the same can be said about employees in corporate America....more

Foley Hoag LLP - Environmental Law

Complaints Are Not Totally Meaningless: A CERCLA Plaintiff Must Allege Disposal Against a Former Owner

I know it may surprise some litigators, but occasionally the allegations in a complaint do matter. In Garrett Day v. International Paper, the Court dismissed CERCLA claims brought by the current owner of a former paper mill...more

Snell & Wilmer

It just got a little bit easier to enforce judgment liens

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Last year, we posted It just got a little bit harder to enforce judgment liens, which analyzed a Court of Appeals decision that invalidated a judgment lien against third-party purchasers due to the judgment creditors’ failure...more

Snell & Wilmer

Homebuilders Welcome Recent Court Decisions

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Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

Farella Braun + Martel LLP

California Supreme Court: Insureds May Freely Transfer Insurance Rights

In 2003, the California Supreme Court ruled that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated the policy condition against assignments without insurer consent....more

Gray Reed

Defendants Saved by Louisiana Subsequent Purchaser Rule

Gray Reed on

Another Louisiana court has ruled that the Subsequent Purchaser Rule applies to damages following a mineral lease. In Bundrick v. Anadarko Petroleum Corp. it is the 3rd Circuit. The Rule: An owner of property...more

Jaburg Wilk

Arizona’s New Construction Defect Law is Effective the Summer of 2015

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On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona’s construction defect claims and revises the Purchaser Dwelling Actions statute - ARS §...more

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