20 new commercial real estate matters, September 28 – October 4, 2026

Cornish-Adebiyi v. Caesars Entertainment, Inc. (Atlantic City Hotel-Casino Algorithmic Price-Fixing Antitrust Suit)

The Third Circuit denied rehearing, keeping alive a class action claiming Caesars, MGM, Hard Rock and other Atlantic City casino-hotels used Cendyn's Rainmaker software to coordinate room rates.

State of New Jersey v. RealPage, Inc. (NJ Revives Antitrust Claims Against AvalonBay)

A federal judge let New Jersey revive antitrust claims against AvalonBay in its algorithmic rent-pricing suit against RealPage and multifamily landlords, after a March 31, 2026 dismissal.

Tutelian v. City of Fresno (Grand 1401 Downtown Parking Dispute)

The developer of Fresno's Grand 1401 building goes to jury trial October 12, 2026 on claims the city reneged on 100 promised free parking spaces; he cites $7M+ in potential losses.

N17 Development v. City of Menlo Park (Willow Park Towers Builder's Remedy Suit)

N17 Development sued Menlo Park under the Builder's Remedy, alleging years of stalled review of its 665-unit Willow Park project; the city faces up to $33 million in potential state penalties.

Colorado Apartment Association v. Ryan (Federal Preemption Challenge to Denver, Colorado Building-Emissions Mandates)

A federal judge let trade groups' claim that Energize Denver and Colorado's Regulation 28 building-emissions rules are preempted by federal law proceed, dismissing an appliance claim as untimely.

Zammuto v. Damianidis (Massachusetts Appeals Court Holds Emailed Settlement Binding, Orders $100K Paid)

Massachusetts' Appeals Court held property owners bound by a settlement reached in counsel's emails and ordered them to pay $100,000 to the developer whose apartment-land purchase collapsed.

SDCL Tennessee Propco LLC v. Bradley County (Data Center Zoning Ordinance Challenge)

SDCL Tennessee Propco, which paid $19,904,950 for roughly 306 acres, sued Bradley County to void data center limits of one industrial district and a 3,000-foot setback, citing skipped procedure.

Lambiaso/TerraWatt v. City of St. Louis Board of Adjustment (Midtown Armory Data Center Zoning Cross-Suits)

TerraWatt's co-founder sued St. Louis' Board of Adjustment over renewable-energy and community-benefits conditions on a $3.1 billion data center approval that environmental groups also challenged.

Oklahoma Department of Securities v. Vesta Realty, LLC (Subpoena Enforcement Action)

Oklahoma's securities regulator sued Tulsa multifamily platform Vesta Realty to compel compliance with a subpoena for investor identities and communications tied to its affiliated LLCs.

Rialto Capital Advisors Forecloses on 580 Market Street (San Francisco Financial District Office)

Rialto Capital Advisors took title to 580 Market Street, a San Francisco Financial District office and retail building, with a $5 million credit bid against roughly $17.5 million in unpaid debt.

Investors Allege $80M Fraud Against Kohan Properties Ltd. as Lender Completes UCC Sale of 345 Seventh Avenue

17 investors allege an $80 million+ fraud by Kohan Properties entities that hid their equity, including in 345 Seventh Avenue, as mezzanine lender Davis completed its UCC sale of the office tower.

In re Brass Works Urban Renewal Company, LLC (Chapter 11 Dismissed 'For Cause' After Delaware Control Fight Loss)

A New Jersey bankruptcy judge dismissed for cause the Chapter 11 of Brass Works, sponsor of a Jersey City loft conversion, filed after preferred-equity investor ASVRF won its removal as manager.

Criterion Real Estate Capital Affiliate Forecloses on Judiciary Plaza LLC ($166.6M D.C. Office Tower)

A Criterion Real Estate Capital affiliate set an October 28, 2026 foreclosure auction of D.C. office building 450 Fifth Street NW, claiming $166.6 million owed and derailing a residential conversion.

U.S. Bank & Wells Fargo v. Wilmorite (Eastview Mall $210M Foreclosure and Eminent Domain 'Debt Evasion' Fight)

U.S. Bank and Wells Fargo seek to foreclose on Wilmorite's Eastview Mall over a $210 million CMBS loan and call the Town of Victor's eminent domain plan for the parcels a 'debt evasion scheme.'

Wells Fargo Moves Toward Foreclosure on Woods Capital's 2100 Ross Avenue Dallas Office Tower

A Woods Capital and Pacific Elm partnership faces an October 6, 2026 foreclosure auction of 2100 Ross Avenue, a 33-story Dallas office tower now in receivership and roughly 53% occupied.

Slate Property Group and The Carlyle Group v. MG Developer (Metro Parc South Construction Loan Foreclosure)

Slate Property Group and Carlyle sued to foreclose on MG Developer's planned 347-unit Metro Parc South tower in Hialeah, alleging a $31.1 million default on a $105 million construction loan.

Republic Bank of Chicago v. Addison Ice, LLC (Ice Arena Receivership Over Alleged Fund Diversion)

Republic Bank of Chicago is foreclosing on the 73,000-square-foot Addison Ice Arena over a $9.5 million loan, alleging diverted revenue; a judge has placed the rink complex in receivership.

American Heavy Plate Solutions, LLC v. Bitdeer (Restrictive-Covenant Fight Over Ohio Data Center)

Steel manufacturer AHP says Bitdeer's data center on adjoining Monroe County, Ohio port-authority land breaches a restrictive covenant in its lease; the court refused to disqualify AHP's lawyers.

Murphy v. CBL & Associates Properties, Inc. (Negligent Security Suit Over Northwoods Mall Food Court Stabbing)

A woman stabbed in Northwoods Mall's food court sued owner CBL & Associates and its security contractors for negligent security, the latest premises claim tied to incidents at the North Charleston mall.

Tri-State Insurance Co. of Minnesota v. Namdar Realty Group (Bangor Mall Sprinkler-Failure Default Judgment)

A Maine judge entered a just over $1.1 million default judgment against Namdar Realty after a burst sprinkler pipe at the Bangor Mall destroyed insured inventory; claims against the contractor continue.

Multifamily CMBS Delinquency Climbs to 8.04%, Topping the Overall 8.02% Rate for the First Time Since Covid

KBRA: CMBS Delinquency Rate Rises to 7.7% in September, Led by Office and Multifamily

MBA: CMBS and Bank Delinquency Ease in Q2 2026, but Fannie Mae, Freddie Mac and Life Company Rates All Rise