Hidden Defects in Title
September 01, 2003
<b><i>All About the 'New Predatory Lending Law'</i></b> Hidden defects in title are one of the nightmares of the title insurance industry - as well as one of the protections that make the purchase of title insurance the more alluring. Although only experience may supply the ultimate answer, there is a possibility that the new "predatory lending law" in New York will generate lurking infirmities in titles devolving through mortgage foreclosure actions that may render tenuous the issuance of insurance on such properties.
Development
August 27, 2003
Recent rulings of importance to your practice.
Federalizing Real Estate Transactions
August 27, 2003
Most real estate transactions are governed by state law and local custom, not federal law. But a massive federal law enacted shortly after the 9/11 terrorist attacks raises the specter that the federal government may intrude into commercial real estate transactions in ways heretofore thought unimaginable. Known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ('USA Patriot Act'), the legislation has led the federal government to propose rules designed to combat money laundering and terrorist financing in these types of transactions.
EEOC Recovers $20,000 for Sabbath Observer
August 27, 2003
The Equal Employment Opportunity Commission settled for $20,000 and affirmative relief a religious discrimination claim by a job applicant who alleged that she was denied a position because she was a Sabbath observer.
Constructive Discharge: Third, Second Circuit Split
August 27, 2003
The Third Circuit ruled, contrary to the position taken by the Second Circuit, that a constructive discharge is a 'tangible employment action' precluding the assertion of an affirmative defense to liability under established federal law.
A Word to the Wise
August 27, 2003
The workplace. Where is it and what are its boundaries? Of course, it is a location, the place where an employee reports to work and performs services. It also clearly includes a place away from the work site where the employee is assigned to or where the employee performs services. Further, for the telecommuter, a home, or at least certain places in the home, may be considered a work site for purposes of employer liability.
Responding to SARS
August 27, 2003
But for the war in Iraq, the outbreak of SARS would undoubtedly have been the lead news story for the first half of 2003. Thousands of people have been infected to date, and there have been a number of fatalities from this new illness. It is apparently highly contagious (under at least some circumstances) and potentially deadly.
