• Gibson v. Konick

    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.

  • SU-BE, LLC v. New Castle County Dep't of Land Use

    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.

  • DPML Jamison Corner, LLC v. New Castle County

    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.

  • West v. Patterson-Schwartz & Assocs. Inc.

    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.

  • Navient Solutions LLC v. BPG Office Partners XIII Iron Hill LLC

    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.

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    Lancaster County & Berks County Court Rules 2024

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  • Cedres v. Geoffrey Serv. Corp.

    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.

  • In re: SC SJ Holdings, LLC

    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.

  • Davis v. Newrez

    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.

  • In re: RGN-Group Holdings, LLC

    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.

  • Rayfield-Bey v. Wells Fargo & Co.

    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.