Legal Case Summaries

A federal appellate court has reversed a trial court’s decision to delay consideration of whether a website violated the ADA because the DOJ had failed to issue its rules; the appellate court found that the website operator had ample notice that websites were covered by the ADA and so returned he case to the trial court for further proceedings.

An SDNY court dismissed an ADA website lawsuit filed by NY plaintiff against an Ohio based grocery chain based on mootness and lack of personal jurisdiction.

The Supreme Court ruled that property owners may immediately avail themselves of federal court to pursue claims that the government has taken their private property without just compensation, overturning 34 year old precedent which barred access to federal court until state court remedies were exhausted.

California federal court rules that a tenant’s lawsuit alleging disability discrimination over loss of his assigned parking spot can continue, denying landlord’s attempt to dismiss the lawsuit.

Texas appellate court reverses dismissal of lawsuit and sends case back to the trial court that alleged a real estate team was negligent when it failed to advise client that seller had not properly completed the property condition disclosure form.

Colorado appellate court upholds real estate commission’s ability to discipline a licensee who attempted to modify the statutory duties owed to clients through their contracts, finding that these duties cannot be modified by licensees.

New Hampshire federal court rules that individual who helped arrange sale of a medical business could not collect a commission from the transaction because he did not hold a New Hampshire real estate license and the transaction involved the acquisition of real estate.

Maryland federal court rules that the homebuyers failed to demonstrate standing to bring the RESPA action and also could not equitably toll RESPA’s statute of limitations in a lawsuit brought against a real estate brokerage over alleged kickbacks from a marketing services agreement with a title company.

In a case of first impression, Tennessee’s highest court rules that home inspector did not owe or assume a duty of care to subsequent visitors to the property and so was not liable for guest’s injuries when deck railing collapsed.

Michigan court affirms lower court award in favor of buyers based on alleged misrepresentations by their representative that they would receive an adjoining garden lot that the sellers had sold a year earlier.