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Publication Date: 2022-08-09
Practice Area: Banking and Finance Laws
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: David W. deBruin, Napoli Shkolnik LLC, Wilmington, DE; Elaine S. Kusel, Sherief Morsy, McCune Wright Arevalo, LLP, Newark, NJ for plaintiff.
for defendant: Loren R. Barron, Margolis Edelstein, Wilmington, DE for defendants.
Case Number: D69913
Bank violated federal regulations governing overdraft policy notices where bank used template language in the regulation, which may not accurately describe bank's specific overdraft policy.
Publication Date: 2022-07-12
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | Food and Beverage
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Kevin R. Shannon, Christopher N. Kelly, Emma K. Diver, Potter Anderson & Corroon LLP, Wilmington, DE; John E. Schreiber, Aaron C. O’Dell, Winston & Strawn LLP, Los Angeles, CA for plaintiff.
for defendant: A. Thompson Bayliss, April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE; Timothy R. Farrell, Ropes & Gray LLP, Chicago, IL; Patrick S. Doherty, Ropes & Gray LLP, London, UK; Sarah M. Milkovich, Ropes & Gray LLP, Boston, MA for defendants.
Case Number: D69878
Seller sufficiently alleged breach of written and oral contracts where merger agreement required buyer to complete pre-closing tax returns according to past practices and buyer instead used novel practices, but the change in practices was authorized by the parties' oral agreement in which the seller agreed to the change in exchange for receipt of the tax return proceeds.
Publication Date: 2022-06-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
for defendant: Michael W. Teichman, Kashif I. Chowdhry, Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE; Jeffrey D. Brooks, Tanisha L. Massie, Morrison Cohen LLP, New York, NY for defendants.
Case Number: D69867
Court declined to apply jury waivers in related loan documents to obligors' claims against their mortgage insurer, where the waiver clauses did not unambiguously include claims arising from outside the loan transaction within their scope.
Publication Date: 2022-06-28
Practice Area: Contracts
Industry: Financial Services and Banking | Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Blake A. Bennett, C. Scott Reese, Dean R. Roland, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: David L. Baumberger, Law Offices of Chrissinger & Baumberger, Wilmington, DE; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE; Josiah R. Wolcott, Connolly Gallagher, Newark, DE; Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for defendants.
Case Number: D69862
Defective construction claims by condominium association were timely filed where receiver who previously controlled condo was appointed solely to complete construction and limit the losses of the mortgagee, such that the limitations period did not start running until the association of ow ners took control.
Publication Date: 2022-06-21
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: John P. Lane, Jr., Berwyn, PA, pro se plaintiff.
for defendant: Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE, attorney for trustee.
Case Number: D69861
Perfected security interest did not cover proceeds from commercial tort litigation where the proceeds were acquired after the security interest was established and where the interest only included a general claim to the intangible property of the debtor.
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Publication Date: 2022-06-07
Practice Area: Insurance Law
Industry: Financial Services and Banking | Insurance
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: A. Thompson Bayliss, Stephen C. Childs, Abrams & Bayliss LLP, Wilmington, DE; Ginger D. Anders, Donald B. Verilli, Jr., Brendan B. Gants, Munger, Tolles & Olson LLP, Washington, DC; Stephen L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE; Samuel O. Patmore, Jenea M. Reed, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. for appellants.
for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Gregory J. Star, Michael L. Miller, Joseph M. Kelleher, Cozen O’Connor P.C., Philadelphia, PA for appellee.
Case Number: D69841
Bona fide purchaser or securities intermediary could not assert UCC defenses to estate's claim to recover death benefit from stranger-originated life insurance policy since Delaware public policy precluded any party from profiting off an illegal wager on human life.
Publication Date: 2022-03-22
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Rolin P. Bissell, James M. Yoch, Jr., Peter J. Artese, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Holmes, Jared D. Wilkinson, Vinson & Elkins LLP, Dallas, TX; Michael S. Dry, Vinson & Elkins LLP, Washington, D.C. for plaintiff.
for defendant: Michael C. Dalton, Bartholomew J. Dalton, of Dalton & Associates, P.A., Wilmington, DE Ryan Scarborough, Graham W. Safty, Trisha Jhunjhnuwala, Williams & Connolly LLP, Washington, D.C.; Adam L. Balick, Melony R. Anderson, Balick & Balick, LLC, Wilmington, DE for defendants.
Case Number: D69752
The court found that the Chancery Court did not have subject matter jurisdiction because there was an adequate remedy at law for plaintiff's issue.
Publication Date: 2022-03-08
Practice Area: Civil Procedure
Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69738
In this per curiam, non-binding opinion, the court held that the Bankruptcy Court did not err in concluding that creditor's claims were barred by res judicata.
Publication Date: 2022-03-01
Practice Area: Fee Disputes
Industry: Financial Services and Banking | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D69733
Claimant could pursue attorneys' fees where authorized by lease that debtor remained obligated under, and where claimant had yet to recover the statutory cap of unpaid rent.
Publication Date: 2022-02-22
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Colin T. Reardon, Gabriel S.H. Hopkins, Jane M.E. Peterson, Stephen C. Jacques, Tiffany Hardy, Consumer Financial Protection Bureau, Washington, D.C. for plaintiff.
for defendant: Megan Ix Brison, Michael A. Weidinger, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE for defendants.
Case Number: D69722
The court certified two issues for appeal though there was no final judgment because they were both novel and controlling questions of law with substantial ground for difference of opinion and the appeal would advance the ultimate termination of the litigation.
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