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Publication Date: 2021-04-28
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
for defendant: Neil R. Lapinski, Phillip A. Giordano, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.
Case Number: D69375
Court denied defendants summary judgment on tortious interference claim where there were genuine issues of material fact as to whether one or more defendants engaged in improper conduct to interfere with plaintiff's sale of his property to a third party.
Publication Date: 2021-04-28
Practice Area: Dispute Resolution
Industry: Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Montgomery-Reeves
Attorneys: For plaintiff: Michael P. Morton, Robert J. Valihura, Jr., David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE for petitioner.
for defendant: James P. Sharp, Moore & Rutt, P.A., Georgetown, DE for respondent Weidman. Olga Beskrone, Communi-ty Legal Aid Soc’y, Inc., Wilmington, DE for intervenor/respondent Wild Meadows Homeowners’ Ass’n.
Case Number: D69381
An arbitrator in a dispute involving a rent increase for a mobile home community had authority to compel the owner of the community to provide discovery.
Publication Date: 2021-04-21
Practice Area: Contracts
Industry: Hospitality and Lodging | Real Estate
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE for plaintiffs.
for defendant: Garvan McDaniel, Hogan McDaniel, Wilmington, DE; David S. Rosner, Jed I. Bergman, Paul J. Burgo, Stephan P. Thomasch, Kasowitz Benson Torres LLP, New York, NY for defendant.
Case Number: D69368
Forum selection clause selecting Delaware in parties' primary purchase agreement won out over conflicting forum selection clauses in prior-executed or ancillary agreements between the parties, precluding dismissal on forum non conveniens grounds.
Publication Date: 2021-04-07
Practice Area: Bankruptcy
Industry: Food and Beverage | Real Estate | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: D69354
The bankruptcy court rejected a landlord's administrative expense claim, because the lease provided that trade fixtures remained debtors' property.
Publication Date: 2021-03-24
Practice Area: Fee Disputes
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE for plaintiff.
for defendant: Stephen A. Spence, Baird Mandalas Brockstedt, LLC, Lewes, DE for defendant.
Case Number: D69334
Condominium unit owner's legal fees shifted to condominium association pursuant to Delaware Uniform Common Interest Ownership Act where association acted unreasonably by failing to give owner notice of violation before levying fines and expenses and employing violation and appeal policies against the owner that it had not imposed against other similarly-situated owners.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2021-02-17
Practice Area: Premises Liability
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff: Arthur M. Krawitz, Jessica Lewis Welch, Doroshow, Pasquale Krawitz & Bhaya, Wilmington, DE for plaintiff.
for defendant: Roger P. Downes, Joseph Brenner, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C. for defendant.
Case Number: D69294
Firefighter's rule was inapplicable to exclude liability for an EMT injured in a slip and fall accident where slipping and falling was not part of the hazard or harm that the EMT was dispatched to address.
Publication Date: 2021-01-13
Practice Area: Real Estate
Industry: Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: D69257
The district court acted within its discretion when it dismissed plaintiffs' complaint based on forum non conveniens, because the evidence indicated that the courts of another country could provide an adequate alternative forum for the parties' dispute.
Publication Date: 2021-01-06
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: William B. Chandler III, Brad D. Sorrels, Lori W. Will, Lindsay Kwoka Faccenda, Leah E. Brenner, Jeremy W. Gagas, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Michael S. Sommer, Wilson Sonsini Goodrich & Rosati, P.C., New York, NY; David J. Berger, Steven M. Guggenheim, Dylan G. Savage of Wil-son Sonsini Goodrich & Rosati, P.C. , Palo Alto for plaintiff We Company; William M. Lafferty, Kevin M. Coen, Sabrina M. Hendershot, Sara Toscano, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric Seiler, Philippe Adler, Mala Ahuja Harker, Friedman Kaplan Seiler & Adelman LLP, New York, NY; William Christopher Carmody, Shawn J. Rabin, Arun Subramanian, Susman Godfrey L.L.P., New York, NY for plain-tiffs Neumann and We Holdings LLC.
for defendant: Robert S. Saunders, Sarah R. Martin, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; George A. Zimmerman, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY for The We Co. Elena C. Norman, Rolin P. Bissell, Nicholas J. Rohrer, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Erik J. Olson, of Morrison & Foerster LLP, Palo Alto, CA; James Bennett, Jordan Eth, Morrison & Foerster LLP, San Fran-ciso, CA for defendant SoftBank Group Corp. Michael A. Barlow, E. Wade Houston, Abrams & Baylis LLP, Wilmington, DE; John B. Quinn, Molly Stephens of Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA for defendant SoftBank Vision Fund.
Case Number: D69249
A temporary committee created by a company's board of directors did not have authority to terminate a lawsuit that was filed by an earlier special committee.
Publication Date: 2020-12-16
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: D69227
The bankruptcy court properly reopened a case for the purpose of interpreting and enforcing its confirma-tion order, and it correctly concluded that certain parties had signed a broad release, so they were barred from pursuing other litigation relating to the bankruptcy claims.
Publication Date: 2020-12-09
Practice Area: Administrative Law
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Streett
Attorneys: For plaintiff: Frederick Freibott for claimant.
for defendant: Joseph Andrews and Taylor E. Trapp for employer.
Case Number: D69219
The Industrial Accident Board's determination was supported by substantial evidence, and the board did not abuse its discretion in believing claimant's experts over those of employer. Affirmed.
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