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Publication Date: 2018-02-28
Practice Area: Contractual Disputes | Corporate Entities
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Kenneth J. Nachbar, John P. DiTomo and Elizabeth A. Mullin for plaintiffs
for defendant: Stephen B. Brauerman, Sara E. Bussiere, Scott A. Edelman and Alan J. Stone for defendant.
Case Number: D68061
Plaintiffs were entitled to advancement for legal fees incurred on their behalf in civil lawsuits.
Publication Date: 2018-02-21
Practice Area: Business Torts
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Stokes
Attorneys: For plaintiff: David B. Anthony and Sean Meluney for plaintiff
for defendant: Michael F. Duggan and Brett T. Norton for defendant.
Case Number: D68052
Lender adequately stated claims for negligence and negligent misrepresentation against an appraiser for fail-ing to provide a residential property appraisal that complied with commercially reasonable standards.
Publication Date: 2018-02-14
Practice Area: Corporate Entities | Trusts and Estates
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: Thad. J. Bracegirdle, Andrea S. Brooks, Wilks, Lukoff & Bracegirdle LLC, Wilmington, DE, attorneys for plaintiff
for defendant: Jeffrey L. Moyer, Travis S. Hunter, Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE, attorneys for defendant.
Case Number: D68040
Claim for accounting properly dismissed where estate failed to plead existence of fiduciary duty between decedent and bank, or basis to pierce corporate veil between bank and its parent.
Publication Date: 2018-01-17
Practice Area: Dispute Resolution | Landlord Tenant Law
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Brady
Attorneys: For plaintiff: Brian S. Eng for appellant
for defendant: Seth L. Thompson for appellee.
Case Number: D68010
The owner of a mobile home park met the requirements of the Rent Justification Act with regard to a proposed rent increase where rent at the subject park was significantly lower than for comparable parks, and no health or safety concerns existed.
Publication Date: 2018-01-10
Practice Area: Real Estate
Industry: Real Estate | Retail
Court: Delaware Superior Court
Judge: Judge Primus
Attorneys: For plaintiff: Shawn P. Tucker for plaintiff
for defendant: Richard L. Abbot for defendant Silicato-Wood Partnership, LLC; Patrick M. McGrory for defendant Davis, Bowen & Friedel, Inc.
Case Number: D68005
The court denied motions to dismiss where the plaintiff alleged fraud in the failure to disclose the temporary nature of access to real property, but the court granted a motion to dismiss a negligent misrepresentation claim because the chancery court had exclusive jurisdiction over such claims.
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Publication Date: 2017-12-27
Practice Area: Civil Procedure | Contractual Disputes
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Stokes
Attorneys: For plaintiff: William J. Rhodunda and Nicholas G. Kondraschow, Rhodunda & Williams, Wilmington, DE, attorneys for plaintiff
for defendant: Nichols H. Rodriguez and Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE; Wade A. Adams II, Chrissinger & Baumberger, Wilmington, DE; Thomas P. Leff, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE, attorneys for defendants.
Case Number: D67984
Summary judgment deferred where plaintiffs evidence created genuine issues of material fact as to the applicability of the doctrines of inherently unknowable injuries and fraudulent concealment to toll the limitations period and render plaintiffs complaint timely.
Publication Date: 2017-12-20
Practice Area: Business Torts | Corporate Governance | REITS
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Philip Trainer, Jr., Marie M. Degnan, John P. Coffey, Gregory A. Horowitz, Jeffrey S. Trachtman, Eileen Patt and Jeffrey Dunlap for plaintiff
for defendant: Elizabeth A. Sloan, Michael C. Miller, Michael G. Scavelli and Lara E. Romansic for defendant Block; Stephen P. Lamb, Me-ghan M. Dougherty, Allan J. Arffa, Gregory F. Laufer and Jeremy A. Benjamin for remaining defendants.
Case Number: D67979
Plaintiff adequately stated a claim for breach of fiduciary duty where officers and directors stood on both sides of a transac-tion which created an entity that defendants controlled by way of super-voting stock despite owning only a minority interest.
Publication Date: 2017-12-20
Practice Area: Environmental Law
Industry: Manufacturing | Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: D67974
Claimants motion for leave to amend granted where timely under amended scheduling order, and where defendant would not be prejudiced as amendment sought to expand the scope of recovery sought under the originally-asserted indemnification claim.
Publication Date: 2017-12-13
Practice Area: Creditors' and Debtors' Rights
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Brady
Attorneys: For plaintiff: Daniel T. Conway for plaintiff.
for defendant: NA
Case Number: D67970
Defendants in the mortgage foreclosure action were properly served, and plaintiff complied with all of the requirements asso-ciated with the sheriffs sale.
Publication Date: 2017-12-06
Practice Area: Insurance Law | Landlord Tenant Law
Industry: Insurance | Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Joseph J. Bellew and Michael D. O'Donnell for plaintiff
for defendant: Eileen M. Ford for defendant.
Case Number: D67962
Where a residential lease did not contain a provision expressly stating that the tenant would be responsible for damage re-sulting from negligently-caused fires on the premises, the insurer was not entitled to recover against the tenant in a subrogation action.
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