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Publication Date: 2023-04-25
Practice Area: Contracts
Industry: Hospitality and Lodging | Real Estate
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: N20C-05-157 PRW CCLD
Court declined to dismiss case for lack of subject matter jurisdiction where it had already ruled that a Delaware forum selection clause in one of the parties' agreements covered plaintiffs' claims, and any risk of duplicative litigation was caused by the parties' tactical decisions to litigate in two jurisdictions to try to obtain their preferred forum.
Publication Date: 2023-04-18
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
for defendant: Michael W. Teichman, Kashif I Chowdhry; Kyle F. Dukle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE; Jeffrey D. Brooks, Tanisha L. Massie, Morrison Cohen LLP, New York, NY defendants.
Case Number: N21C-09-095 AML CCLD
Court dismissed declaratory judgment claim where plaintiffs' arguments in support had already been rejected by courts in other states in actions involving the parties, thereby invoking the doctrine of collateral estoppel.
Publication Date: 2023-04-11
Practice Area: Real Estate
Industry: Legal Services | Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Chandra J. Williams, Rhodunda, Williams & Kondraschow, Wilmington, DE for appellants.
for defendant: Steven D. Rosen, The Rosen Law Firm, LLC, Wilmington, DE for appellee.
Case Number: N22A-08-003 CLS
The court affirmed the trial court's order finding for a buyer in a real estate matter where the seller breached contractual obligations by failing to repair a defective roof.
Publication Date: 2023-04-04
Practice Area: Contracts
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Jurden
Attorneys: For plaintiff: Phillip A. Giordano, Madeline R. Silverman, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for plaintiff.
for defendant: William J. Rhodunda, Nicholas G. Kondraschow, Rhodunda Williams & Kondraschow, Wilmington, DE for defendant.
Case Number: N22L-06-019 JRJ
Court dismissed statement of claim for mechanic's lien where plaintiff added language stating that allegations were true and correct only to the best of plaintiff's knowledge, since statutory law prohibited the inclusion of qualifying language.
Publication Date: 2023-03-21
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Conner
Attorneys: For plaintiff: Olga K. Beskrone, Community Legal Aid Society, Inc., Wilmington, DE for appellant.
for defendant: David C. Zerbato, Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville, DE for appellees.
Case Number: S21A-11-001 MHC
Court upheld arbitration decision granting housing community owner's request for a rent increase where owner had expended funds for capital improvements in the community and had presented credible evidence of the market rent.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-03-14
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: David E. Matlusky, The Matlusky Firm, Wilmington, DE for plaintiff.
for defendant: Evan Rassman, Emily Letcher, Cohen Seglias, Palias, Greenhall & Furman, P.C., for defendants.
Case Number: N22C-08-453 FJJ
The court denied a motion to dismiss a claim for waste on the grounds that plaintiff's claims sufficiently laid out a claim for waste on the grounds that plaintiff sufficiently pled that a mortgage encumbered a property that he had a certain future interest in and therefore his claims fell squarely within the jurisdiction of the superior court.
Publication Date: 2023-03-14
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Nicholas M. Insua, Princeton, NJ for plaintiff.
for defendant: Curtis J. Crowther, Robinson & Cole LLP, Wilmington, DE; Gregory P. Varga, Jonathan E. Small, Robinson & Cole LLP, Hartford, CT for defendant.
Case Number: N22C-03-147 MMJ CCLD
Court lacked personal jurisdiction over New York insurer which had issued policy through a New York broker to insure property located in New York City.
Publication Date: 2023-02-28
Practice Area: Public Utilities
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno, P.A., Wilmington, DE for plaintiff
for defendant: Colin D. Dougherty, Fox Rothschild LLP, Blue Bell, PA; Courtney A. Emerson, Artesian Water Company, Inc., Wilmington, DE for defendant.
Case Number: N22C-06-109 PRW
Breach of contract and fraud claims dismissed where public utility regulations plainly applied to parties' subsequently adopted water services agreement and the agreement explicitly referenced the applicability of the regulation to the agreement.
Publication Date: 2023-02-14
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Richard L. Abbott, Abbott Law Firm, Wilmington, DE for plaintiff.
for defendant: Max B. Walton, Lauren P. DeLuca, Erica K. Sefton, Connolly Gallagher LLP, Wilmington, DE for defendants.
Case Number: 2021-1106-MTZ
Chancery court lacked subject matter jurisdiction over challenge to denial of special use permit by city council, which had acted in quasi-judicial capacity in denying the permit application and thus allowed for a remedy at law.
Publication Date: 2023-02-14
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for petitioner.
for defendant: James H. McMackin, III, Michelle G. Bounds, Morris James LLP, Wilmington, DE for defendants.
Case Number: N22C-03-190 FWW
Taxing entity improperly exercised discretion to deny refund request where taxpayer had undisputedly overpaid its property taxes due to the county's erroneous assessments.
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