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Publication Date: 2018-10-31
Practice Area: Deals and Transactions | Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Donald L. Gouge, Jr. for plaintiffs.
for defendant: N/A
Case Number: D68340
The trial court's decision in favor of sellers was supported by substantial evidence, and buyer failed to establish the elements of fraud.
Publication Date: 2018-10-24
Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights | Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Melanie J. Thompson, Orlans PC, Wilmington, DE, attorney for plaintiff
for defendant: Cynthia L. Carroll, Cynthia L. Carroll, P.A., Newark, DE, attorney for defendant.
Case Number: D68326
Mortgagor's motion for summary judgment denied where debtor raised genuine issues of material fact as to the authenticity of the note in mortgagor's possession, without which mortgagor would lack standing to enforce.
Publication Date: 2018-10-17
Practice Area: Corporate Entities | Deals and Transactions
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Richard P. Rollo, Anthony M. Calvano, Courtney A. Carvill, Alan S. Loewinsohn and Kerry Schonwald, attorneys for plaintiffs
for defendant: Brian E. Farnan , Michael J. Farnan and Marc L. Newman, attorneys for defendants.
Case Number: D68319
Plaintiffs were entitled to preliminary injunction precluding defendants from further litigating action in another jurisdiction where parties had valid forum selection clauses conferring exclusive jurisdiction on Delaware.
Publication Date: 2018-10-17
Practice Area: Real Estate | Tax
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Ryan Tack-Hooper, Karen Lantz, Richard H. Morse and Brian S. Eng, attorneys for plaintiffs
for defendant: Barry M. Willoughby, Kathaleen St. J. McCormick, Lauren E.M. Russell, Elisabeth S. Bradley, Lauren Dunkle Fortunato, William W. Pepper Sr., Gary E. Junge, Herbert W. Mondros, Helene Episcopo, Adam Singer and Mary A. Jacobson, attorneys for defendants.
Case Number: D68320
Court had jurisdiction to order equitable relief for counties' failure to collect local property taxes according to fair market values as mandamus relief was not available since there was no statutory requirement for regular scheduling of assessments and prohibitive injunctive relief was unavailable under a writ of mandamus.
Publication Date: 2018-09-19
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff: Brett Hayward, Daniel J. DeFranceschi, Paul N. Heath, and Amanda R. Steele, Richards, Layton & Finger, P.A., Wilmington, DE; Ray C. Schrock, Matthew S. Barr, John P. Mastando III, and Sunny Singh, Weil, Gotshal & Manges, LLP, New York, NY; Matthre R. Chait and Sean M. Smith, Shutts & Bowen LLP, West Palm Beach, FL, attorneys for debtors
for defendant: Frank E. Noyes, II, Wilmington, DE; Joyce A. Kuhns, Offit Kurman, P.A., Baltimore, MD, attorneys for objector.
Case Number: D68288
Gross sales for calculation of percentage rent included gross revenues generated by ancillary services offered through the store where such services fell within the broad definition of good and services included under gross sales.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
View this BookView more book results for the query "*"
Publication Date: 2018-09-19
Practice Area: Bankruptcy
Industry: Insurance | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: Peter Schaeffer, Jr., Avenue Law, Dover, DE, attorney for debtors
for defendant: Charles A. Stanziale, Jr., McCarter & English, LLP, Newark, NJ; Matthew J. Rifino and Kate Roggio Buck, McCarter & English, LLP, Wilmington, DE, attorneys for trustee.
Case Number: D68287
Homeowners' insurance proceeds were part of property owners' bankruptcy estate because owners owned and were beneficiaries of the insurance policy, received the proceeds, and at all times held at least a contingent or residual interest in the proceeds.
Publication Date: 2018-09-19
Practice Area: Criminal Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Robert F. Kravetz, Lesley F. Wolf and Jamie M. McCall for the government
for defendant: John S. Malik, Keneth M. Breen and John P. Nowak for defendant Gibson; Michael P. Kelly, Steven P. Wood, Geoffrey N. Rosamond and Andrew M. Lawler for defendant Harra; David Wilks, R. Stokes Nolte, Andrea S. Brooks and Thomas A. Foley for defendant North; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, Henry Klingeman and Helen Nau for defendant Rakowski.
Case Number: D68293
Sufficient evidence supported the jury's verdict that defendants violated various banking and securities laws.
Publication Date: 2018-08-15
Practice Area: Creditors' and Debtors' Rights
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Michael J. Barrie, Stephen M. Ferguson, William M. Alleman, Jr and Helen Gavaris for plaintiff
for defendant: Philip Trainer, Jr., Andrew D. Cordo, Adam C. Silverstein and Meaghan Millan for defendants.
Case Number: D68253
A creditor alleged facts supporting a claim for recourse liability, but resolution of the matter depended upon discovery and further development of the record.
Publication Date: 2018-08-15
Practice Area: Damages
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Douglas A. Shachtman, The Shachtman Law Firm, Wilmington, DE, attorney for plaintiff
for defendant: Elizabeth V. Zinszer, Sherree J. Bedell, and Stephen Zinszer, pro se defendants.
Case Number: D68248
Action for replevin denied where defendants had disposed of the property that was the subject of the action.
Publication Date: 2018-08-08
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fuentes
Attorneys: For plaintiff:
for defendant:
Case Number: D68241
The parties' sale agreement provided that only disputed items were required to be submitted to an arbitrator, so questions of contract interpretation were for the bankruptcy court to decide.
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