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Publication Date: 2024-07-23
Practice Area: Corporate Entities
Industry: Legal Services | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Frank E. Noyes, Offit Kurman, P.A., Wilmington, Delaware for plaintiff;
for defendant: David Konick, pro se defendant.
Case Number: 2022-1036-LWW
Court ordered judicial dissolution of LLC formed to hold vacation property after the end of the parties' romantic relationship rendered carrying on the LLC's "business" impractical.
Publication Date: 2024-07-02
Practice Area: Tax
Industry: Agriculture | Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Theodore A. Kittila, William E. Green, Halloran, Farkas, Kittila, LLP, Wilmington, DE for appellant.
for defendant: Adam Singer, Judith Ann Hildick Mitchell, William C. Martin, New Castle County Law Department, Wilmington, DE for appellees.
Case Number: N23A-05-005 CEB
Court found no error in excluding portion of property from farmland exemption where evidence supported the finding that the enclosed portion was not being used for farming purposes.
Publication Date: 2024-06-25
Practice Area: Corporate Entities
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: A. Kimberly Hoffman, R. Eric Hacker, Alena V. Smith, Morris James LLP, Wilmington, DE, attorneys for plaintiff.
for defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE, attorneys for defendant.
Case Number: 2024-0403-KSJM
Court allowed parties to enter a status quo order staying the proceedings where necessary to protect plaintiff's interest in mandamus proceeding to challenge expiration of land development plan.
Publication Date: 2024-05-27
Practice Area: Personal Injury
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: David Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs.
for defendant: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendants.
Case Number: N21C-08-265 MAA
Plaintiff's personal injury claims arising from mold exposure were untimely where plaintiff filed suit more than two years after receiving a definitive diagnosis of mold allergies.
Publication Date: 2024-05-06
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Miller
Attorneys: For plaintiff: R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
for defendant: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Wilmington, DE for defendants.
Case Number: N20C-04-005 KMM
Court partially granted lender's motion to quash judgment creditor's writs of garnishment to collect on lender's collateral, where the court adopted the legal principle that a lender did not have to take affirmative steps to preserve its priority status over a lien creditor.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-04-15
Practice Area: Contracts
Industry: Construction | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Nathan D. Barillo, Fox Rothschild LLP, Wilmington, DE for plaintiffs.
for defendant: Edward J. Fornias, III, Law Office of EJ Fornias, P.A., Wilmington, DE for defendants.
Case Number: 2020-0745-MTZ
Court declined to enforce a settlement against defendants' affiliates who were non-parties to the underlying action, as Ct. Ch. R. 71 could not supply an independent basis to extend jurisdiction over non-parties in the absence of due process.
Publication Date: 2024-04-08
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Legal Services | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1731
Bankruptcy court correctly rejected debtors' motion to modify their reorganization plan to obtain relief from a release of legal malpractice claims against their bankruptcy counsel where the motion was filed after debtors had substantially consummated the plan.
Publication Date: 2024-03-26
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: Walter R. Davis III and Diana M. Coke-Davis, Dover, DE, pro se plaintiffs.
for defendant: Scott B. Czerwonka, Anna Lucia Fiscella, Wilks Law LLC, Wilmington, DE for defendant.
Case Number: 21-1713 (JLH)
Real Estate Settlement Procedures Act claims failed where borrowers' communications did not constitute "qualified written requests" as defined by the act and the servicer's responses did not injure the borrowers.
Publication Date: 2024-03-26
Practice Area: Contracts
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: John Bash, Quinn Emanuel Urquhart & Sullivan, LLP, Austin, TX; Daniel C. Posner, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA; Eric W. Pinker, Lynn Pinker Hurst & Schwegmann, LLP, Dallas, TX; Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE for appellants.
for defendant: Nicole A. Saharsky, Minh Nguyen-Dang, Mayer Brown LLP, Washington, DC; Michael P. Lennon, Charles S. Kelley, Jr., Susan L. Alkadri, Mayer Brown LLP, Houston, TX; Bryan J. Hall, Chipman Brown Cicero & Cole, Wilmington, DE; Jeffrey M. Scott, Archer & Greiner, P.C., Philadelphia, PA for appellee.
Case Number: 22-3019
Original tenant could not be held liable under assigned lease which was amended by the landlord and assignee without the original tenant's knowledge or consent.
Publication Date: 2024-03-18
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Verlyn-Teresa: Rayfield-Bey, Wilmington, DE, pro se plaintiff.
for defendant: John E. Tarburton, Orlans PC, Wilmington, DE; Katherine Randolph Fry, Offit Kurman, P.A., Wilmington, DE; Geoffrey Graham Grivner, Buchanan Ingersoll & Rooney PC, Wilmington, DE for defendants.
Case Number: 22-1073-CFC
Real Estate Settlement Procedures Act claim failed where qualified written request did not seek servicing information but instead demanded the original, ink-signed note for the mortgage to prove the servicer's right to collect mortgage payments.
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