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Publication Date: 2023-02-07
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Michael L. Vild, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
for defendant: Robert A. Penza, Christina B. Vavala, Polsinelli PC, Wilmington, DE: Llynn K. White, Polsinelli PC, St. Louis, MO; John A. Sensing, Carson R. Bartlett, Potter Anderson & Corroon LLP, Wilmington, DE; Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendants.
Case Number: N22C-03-103 AML CCLD
Plaintiffs were not entitled to declaratory judgment on their breach of contract and quiet title claims where their proffered interpretation of their contracts with their lenders and mortgage insurers were unreasonable as it would effectively absolve plaintiffs from their obligation to make their final balloon loan payment.
Publication Date: 2023-01-31
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-11161 (BLS)
The court overruled the creditor's objections to a debtor's Chapter 13 plan on the basis that they disagreed as to the classification of his real property which further included a mobile home.
Publication Date: 2023-01-17
Practice Area: Real Estate
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: David C. Hutt, Michelle G. Bounds, Morris James LLP, Georgetown, DE for petitioner.
for defendant: Dean Campbell, Law Office of Dean A. Campbell, PA, Milton, DE for respondents.
Case Number: 2021-0614-SG
Homeowners' association could obtain adverse possession over boat ramps by maintaining the amenity and restricting access to the association's members
Publication Date: 2023-01-17
Practice Area: Damages
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Esq. P.A., Wilmington, DE for plaintiff.
for defendant: Michael C. Heyden, Jr., Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendant.
Case Number: N21C-07-011 CEB
Technician negligence that led to fuel oil spill in home did not rise to the level of wanton disregard or malice to support an award of punitive damages.
Publication Date: 2023-01-10
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Legal Services | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3013
The court affirmed the District Court's ruling affirming the Bankruptcy Court's decision to disqualify counsel and order fees disgorged.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2023-01-10
Practice Area: Fee Disputes
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Bradley Eaby, Deputy Attorney General, Department of Justice, Wilmington, DE for petitioner.
for defendant: Richard L. Abbott, Abbot Law Firm, Hockessin, DE for defendant.
Case Number: S21C-03-017 FJJ
The court granted a motion for attorney fees in part and denied in part finding that defendant LLC was owed fees following a condemnation trial where the court's valuation of the property was higher than that initially offered by the State.
Publication Date: 2023-01-03
Practice Area: Real Estate
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-0700-PWG
Master correctly stayed plaintiffs' motion to supplement complaint filed during the pendency of exceptions to the master's report, where new allegations were previously in plaintiffs' possession and were directly targeted to address the weaknesses identified by the master's report.
Publication Date: 2023-01-03
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Catherine A. Gaul, Michael J. Vail, Ashby & Geddes, Wilmington, DE; Mark I. Walach, Walter Haverfield, Cleveland, OH for plaintiff.
for defendant: John A. Sensing, Brandon R. Harper, Potter Anderson & Corroon LLP, Wilmington, DE; Eric H. Zagrans, Zagrans Law Firm LLC, Columbus, OH for defendant.
Case Number: N22C-03-092 AML CCLD
Breach of contract claim survived dismissal where tenancy-in-common agreement required parties to share expenses for property, and thus tenant breached this obligation by failing to contribute toward payment of mortgage used to refinance property upon acquisition.
Publication Date: 2022-12-27
Practice Area: Discovery
Industry: Legal Services | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Jeremy D. Anderson, Fish & Richardson P.C., Wilmington, DE for plaintiff.
for defendant: Steven L. Caponi, K&L Gates, LLP, Wilmington, DE; Dieter Walter Neupert, pro se defendant for defendants.
Case Number: 2017-0290-JTL
The court granted letters of request to procure discovery from non-party individuals located in Israel.
Publication Date: 2022-11-29
Practice Area: Legal Malpractice
Industry: Legal Services | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Melissa Freeman, D. Robert Freeman, appellants pro se.
for defendant: Jeffrey M. Weiner, The Law Offices of Jeffrey M. Weiner, P.A., Wilmington, DE; Donald L. Gouge, Jr., Wilmington, DE, attorneys for appellees.
Case Number: N21C-09-081 EMD
Contract and indemnification claims against real estate attorney failed where there was no evidence indicating the existence of a contractual or attorney-client relationship between the attorney and sellers, as the attorney expressly advised sellers that she was representing the buyers.
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