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  • Freeman v. Carter

    Publication Date: 2022-11-29
    Practice Area: Legal Malpractice
    Industry: Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Melissa Freeman, D. Robert Freeman, appellants pro se.
    for defendant: Jeffrey M. Weiner, The Law Offices of Jeffrey M. Weiner, P.A., Wilmington, DE; Donald L. Gouge, Jr., Wilmington, DE, attorneys for appellees.
    Case Number: N21C-09-081 EMD

    Contract and indemnification claims against real estate attorney failed where there was no evidence indicating the existence of a contractual or attorney-client relationship between the attorney and sellers, as the attorney expressly advised sellers that she was representing the buyers.

  • Atl. NWI, LLC v. The Carlyle Group Inc.

    Publication Date: 2022-11-15
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: David E. Ross, Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE; Kevin B. Huff, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC for plaintiff.
    for defendant: R. Judson Scaggs, Jr., Thomas P. Will, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert A. Van Kirk, Sarah F. Kirkpatrick, James M. Rice, Nicholas A. Maricic, Williams & Connolly LLP, Washington, DC for defendants.
    Case Number: 2021-0944-SG

    Plaintiff could pursue tortious interference with contract claim against third party by alleging that it knew of exclusivity provisions in plaintiff's contract based on industry practice and past practice between plaintiff's affiliates and the third party, and by alleging that third party's decision to usurp business opportunities would result in breach of the contract.

  • Osborn-Gustavason v. Waite

    Publication Date: 2022-10-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for plaintiff.
    for defendant: Peter Schaeffer, Avenue Law, Dover, DE for defendant.
    Case Number: K22C-01-009 DJB

    Court denied a motion to dismiss filed by defendant real estate agent seeking to dismiss claims filed by plaintiff clients claiming defendant failed to inform them of defects in in the home prior to purchasing the property.

  • Markert v. Bd. of Adjustment of the City of Rehoboth Beach

    Publication Date: 2022-10-11
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: William B. Larson, Tye C. Bell, Manning Gross + Massenberg LLP, Wilmington, DE for appellant.
    for defendant: Richard A. Forsten, Pamela J. Scott, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellees.
    Case Number: S22A-02-003 CAK

    Upward variance from floor area ratio affirmed where variance was needed for hotel developer's aesthetic vision for project, which sought not to increase density but rather to provide additional amenities and retail space.

  • Vito v. Waterside Prop. Owners Ass'n, Inc.

    Publication Date: 2022-10-04
    Practice Area: Insurance Litigation
    Industry: Insurance | 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: Robert J. Valihura, Jr., Morton, Valihura & Zerbato, LLC, Greenville, DE; Bruce W. McCullough, Boddel Bove, LLC, Wilmington, DE; Eileen M. Ford, Ryan D. Kingshill, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE, for defendants.
    Case Number: S21C-08-006 CAK

    Court granted in part and denied in part motions to dismiss claims in a multiple party action arising out of insurance policy disputes due to an insured's property damage.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

    View this Book

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  • Protech Minerals, Inc. v. Dugout Team, LLC

    Publication Date: 2022-09-20
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Sidney S. Liebesman, Beth B. Miller, Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE for appellants.
    for defendant: Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE for appellee.
    Case Number: 288, 2021

    Distributions from statutory trust constituted the personal property of the holder of the beneficial interest and could therefore be subject to garnishment by the beneficiary's creditors.

  • Davis v. State of California

    Publication Date: 2022-09-06
    Practice Area: Constitutional Law
    Industry: Energy | Real Estate | State and Local Government
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69947

    Court found that a commission's actions by and through the state of California to take over the operation of an oil facility that plaintiff intended to abandon was a reasonable exercise of its police power and did not constitute a taking violation of the Fifth Amendment to the U.S. Constitution or the Constitution of California because without such intervention, the threat posed to the public's safety was great.

  • In Re Morrow Park Holding LLC

    Publication Date: 2022-08-30
    Practice Area: Contracts
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Fiorvanti
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington DE for plaintiffs.
    for defendant: Richard P. Rollo, Travis S. Hunter, Angela Lam, Nicole M. Henry, John T. Miraglia, Richards, Layton, & Finger, P.A., Wilmington, DE; Alan S. Loewinsohn, Kerry Schonwald, Loewinsohn, Deary, Simony Ray LLP, Dallas, TX for defendants.
    Case Number: D69935

    Court denied breach of contract claim in real estate development dissolution case holding that plaintiffs failed to establish that defendants breached material terms of the agreement, their actions were unreasonable, or but for defendants' actions, the plaintiffs would be in a different position.

  • Glen v. Trip Advisor LLC

    Publication Date: 2022-08-30
    Practice Area: Civil Appeals
    Industry: Financial Services and Banking | Entertainment and Leisure | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69941

    Court dismissed appellant's claim under the Helms-Burton Act arguing that he was the beneficiary of property seized during the Castro Regime.

  • SLF Holdings LLC v. Uniti Holdings Inc.

    Publication Date: 2022-08-30
    Practice Area: Securities Litigation
    Industry: Retail | Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69937

    Court affirmed district court's dismissal of claims under federal and state securities law finding that a failure to disclose the possibility that legal action could result as a part of an asset acquisition did not qualify as a material fact for the purposes of omission arguments.