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Publication Date: 2024-03-11
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Winston
Attorneys: For plaintiff: William J. Rhodunda, Jr., Nicholas G. Kondraschow, Rhodunda, Williams & Kondraschow for appellant.
for defendant: A. Zachary Naylor, Delaware Department of Justice for appellee.
Case Number: N23A-04-002 PAW
Court remanded revocation of real estate license where commission concededly deprived licensee of due process by denying him the opportunity to speak and prohibiting his counsel from reading his prepared statement, after allowing the state to provide statements and comments.
Publication Date: 2024-02-19
Practice Area: Real Estate
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Paul G. Enterline, Georgetown, DE for plaintiff.
for defendant: Brian J. Ferry, Wilmington, DE for defendant.
Case Number: 2022-1211-MTZ
Option contract with firm deadline for exercise effectively contained a "time is of the essence" provision regardless of whether the contract used that specific phrase.
Publication Date: 2024-02-12
Practice Area: Corporate Governance
Industry: Construction | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Gary E. Junge, Scott E. Chambers, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendants.
Case Number: 2020-0189-PAF
Court found that parties agreed to LLC agreement naming them equal members and co-managers, based on the parties' course of conduct following agreement that was consistent with the material terms of the agreement.
Publication Date: 2024-02-12
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Richard E. Berl, Hudson Jones Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
for defendant: Aaron E. Moore, M. Claire McCudden, Marshall Dennehey, P.C., Wilmington, DE for defendant.
Case Number: S22C-07-002 CAK
Court dismissed former condominium owner's claims arising from the alleged failure to release a recorded lien, where owner's tender of payment was insufficient to satisfy the condominium association's recorded and statutory liens, as the association was not obligated to obtain a court judgment or record the statutory lien to collect.
Publication Date: 2024-01-22
Practice Area: Real Estate
Industry: Federal Government | Real Estate
Court: Court of Chancery
Judge: Chancellor Mitchell
Attorneys: For plaintiff: Paula H. Smith, Newark, DE, petitioner pro se.
for defendant: Melanie J. Thompson, CoraAnn M. Foley, Orlans PC, Wilmington, DE for respondent.
Case Number: 2023-0653-LM
Adverse possession claim failed where petitioner had not occupied the property for at least 20 years.
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Publication Date: 2024-01-22
Practice Area: Real Estate
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff:
for defendant:
Case Number: 19-11466 (MFW)
Court declined to dismiss plaintiffs' claims where the parties unambiguously had an agreement creating an easement although certain terms in the agreements were susceptible to multiple interpretations, requiring further proceedings.
Publication Date: 2024-01-15
Practice Area: Damages
Industry: Construction | Hospitality and Lodging | Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Matthew J. Rifino, Kate R. Buck, Shannon D. Humiston, McCarter & English, LLP, Wilmington, DE for appellants.
for defendant: Colin M. Shalk, Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for appellee.
Case Number: 94, 2023
Trial court properly granted remittitur where jury verdict including inflated repair costs was based on testimony from witnesses unqualified to testify about inflation and increased expenses.
Publication Date: 2024-01-01
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Thomas A. Uebler, Adam J. Waskie, Sarah P. Kaboly, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE; Rudolf Koch, Richards, Layton & Finger, Wilmington, DE for plaintiffs.
for defendant: Ryan D. Stottman, Thomas P. Will, Alec Hoeschel, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, Rollo C. Baker, Jonathan E. Feder, Alison Y. Lo, Cohl K. Love, Stephanie Keleman, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for defendants.
Case Number: 2022-0970-JTL
Court declined to dismiss breach of contract claim where the statute of frauds did not conclusively apply and where there were factual disputes over whether the work under the alleged contract fell within the scope of plaintiff's employment.
Publication Date: 2023-12-25
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Real Estate | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-785-WCB
Internal affairs doctrine did not prohibit federal court from exercising inherent powers to appoint receiver for foreign corporation under that corporation's home state's laws.
Publication Date: 2023-12-11
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11463 (CTG)
Court granted motion to dismiss debtor's bankruptcy petition where a receivership order entered by another district court stripped debtor of the authority to file a petition, since debtor could not launch a collateral attack on the merits of the district court's order or its jurisdiction.
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