The Nebraska Supreme Court held that partition by sale is preferred to physical partition if the fair market value of the land as a whole exceeds the market value of separate parcels even if a co-owner objects to the sale because of sentimental attachments to the land. FTR Farms, Inc. v. Rist Farms, Inc., 942 N.W.2d 204 (Neb. 2020). A somewhat similar case came out the...
The Supreme Judicial Court of the Commonwealth of Massachusetts held, in Goreham v. Martins, 147 N.E.3d 478 (Mass. 2020), that a landlord is not liable for injuries to a tenant who slips on ice in the driveway under the implied warranty of habitability because such claims are, in effect, strict liability claims and injuries to the body in the context of landlord-...
The Ninth Circuit held, in Barnes v. Routh Crabtree Olsen PC, 963 F.3d 993 (9th Cir. 2020), that judicial foreclosure is not a form of “debt collection” covered by and regulated by the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692e-g. The court relied on the Supreme Court’s decision in Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029 (2019) that a law...