Case Digests

Council of Ass'n of Unit Owners of Pelican Cove Condo. v. Yeilding

Publication Date: 2019-06-26
Practice Area: Real Estate
Industry: Hospitality and Lodging
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for petitioner
for defendant: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE for respondents.
Case Number: D68606

Maximum occupancy restriction in declaration of condominium was enforceable against unit owner where such restriction was facially neutral, did not conflict with local ordinance, and where owner had constructive notice of the restriction.

Dunfee v. KGL Holdings Riverfront, LLC

Publication Date: 2019-05-15
Practice Area: Wrongful Death
Industry: Financial Services and Banking | Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Cooch
Attorneys: For plaintiff: Gary S. Nitsche, William R. Stewart, III, and Rachel D. Allen, Weik Nitsche & Dougherty, LLC, Wilmington, DE; Joseph J. Rhoades, Rhoades & Morrow, LLC, Wilmington, DE; Martin C. Meltzer, Law Office of Martin C. Meltzer, Wilmington, DE for plaintiffs.
for defendant: Catherine A. Gaul and Aaron P. Sayers, Ashby Geddes, P.A., Wilmington, DE; Mary E. Sherlock and Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, Wilmington, DE; Elizabeth C. Grabey, McGivney, Kluger & Cook, P.C., Wilmington, DE; Christina M. Belitz, Polsinelli PC, Wilmington, DE; Michael J. Logullo, Rawle & Henderson, LLP, Wilmington, DE; Johan A. Elzufon, Elzufon Austin & Mondell, P.A., Wilmington, DE; Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE for defendants.
Case Number: D68559

Wrongful death claim not dismissed where plaintiffs could impose liability on defendants who conducted assessment of apartment complex's boiler system when the building's owner allegedly relied upon the assessment to not undertake repairs or replacement of the boiler.

Buhrman v. Courtyard by Marriott, Inc.

Publication Date: 2019-04-17
Practice Area: Contracts | Damages
Industry: Hospitality and Lodging | Insurance
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Paul D. Sunshine, Reger, Rizzo, & Darnall, LLP; Eileen M. Ford, Marks, O'Neill, O'Brien, Doherty, & Kelly, P.C., attorneys for defendants
for defendant: N/A
Case Number: D68528

Indemnification for party's own negligence was triggered under the co-defendants' agreement by plaintiff's complaint asserting similar allegations of negligence against both sets of defendants.

WoodSpring Hotels LLC v. Natl Union Fire Ins. Co. of Pittsburgh, PA

Publication Date: 2018-05-16
Practice Area: Insurance Law
Industry: Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Jennifer C. Wasson, Carla M. Jones, Kenneth H. Frenchman and Denise N. Yasinow for plaintiff
for defendant: Seth Niederman and Joseph Collins for defendant.
Case Number: D68149

An insurer was not entitled to avoid its duty to defend based on a policy exclusion regarding trade secrets, because at least one claim in the underlying litigation did not involve trade secrets.

Appel v. Berkman

Publication Date: 2018-03-07
Practice Area: Corporate Governance | Mergers and Acquisitions
Industry: Hospitality and Lodging
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Jeremy Friedman, Spencer Oster, and David Tejtel, Friedman Oster & Tejtel PLLC, New York, NY; Peter B. Andrews, Craig J. Springer, and David M. Sborz, Andrews & Springer LLC, Wilmington, DE, attorneys for appellant
for defendant: Mark A. Kirsch and Jefferson E. Bell, Gibson, Dunn & Crutcher LLP, New York, NY; Brian M. Lutz, Gibson, Dunn, & Crutcher LLP, San Francisco, CA; Raymond J. DiCamillo and Elizabeth DeFelice, Richards, Layton & Finger, P.A., Wilmington, DE; Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE, attorneys for appellees.
Case Number: D68063

Boards decision to exclude the chairman/founders opposition to a proposed merger transaction from the stockholders proxy statement was in error, where the facts of such opposition may have been material to a stockholders decision to approve the transaction and the omission of such facts rendered the proxy a partial, incomplete disclosure.

Wilmot v. Marriott Hurghada Management, Inc.

Publication Date: 2017-10-25
Practice Area: Civil Procedure | Personal Injury | Premises Liability
Industry: Hospitality and Lodging
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: D67917

Delaware was not a convenient forum for the adjudication of a personal injury claim that arose in Egypt, where the plaintiff was a citizen of the United Kingdom and an adequate alternative forum for adjudication existed in Egypt as well as in the United Kingdom. Affirmed.

Laws v. Handy, DEFAX Case No. D67815 (Del.Super. July 21, 2017), Rocanelli, J. (16 pages).

Publication Date: 2017-08-02
Practice Area: Wrongful Death
Industry: Hospitality and Lodging | State and Local Government
Court: Delaware Superior Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67815

State employee not entitled to qualified immunity where there was a triable question as to whether alleged conduct constituted a ministeria

Texas Roadhouse Mgmt. Corp. v. Dep't of Labor, DEFAX Case No. D67692 (Del. Super. Mar. 30, 2017), Scott, J. (27 pages).

Publication Date: 2017-04-19
Practice Area: Employment Compliance
Industry: Food and Beverage | Hospitality and Lodging
Court: Delaware Superior Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67692

Restaurant hosts were direct service employees within the meaning of 19 Del.C. §902(d)(2) and could participate in a tip pool, which allowed the employer to take a tip credit toward the state

Ensing v. Ensing, DEFAX Case No. D67663 (Del.Ch. March 6, 2017), Slights, V.C. (38 pages).

Publication Date: 2017-03-22
Practice Area: Corporate Entities | Corporate Governance
Industry: Food and Beverage | Hospitality and Lodging
Court: Delaware Court of Chancery
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67663

Ensing v. Ensing, DEFAX Case No. D67663 (Del.Ch. March 6, 2017), Slights, V.C. (38 pages).

Publication Date: 2017-03-22
Practice Area: Corporate Entities | Corporate Governance
Industry: Food and Beverage | Hospitality and Lodging
Court: Delaware Court of Chancery
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67663