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Publication Date: 2021-01-13
Practice Area: Real Estate
Industry: Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: D69257
The district court acted within its discretion when it dismissed plaintiffs' complaint based on forum non conveniens, because the evidence indicated that the courts of another country could provide an adequate alternative forum for the parties' dispute.
Publication Date: 2020-10-07
Practice Area: Real Estate
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stephen W. Spence, Stephen A. Spence, Baird Mandalas Brockstedt, LLC, Lewes, DE for petitioner.
for defendant: Eugene H. Bayard, R. Eric Hacker, Ross C. Karsnitz, Morris James LLP, Georgetown, DE for respondents.
Case Number: D69144
Contractual waiver of the statutory right of partition was unenforceable where original signatories failed to limit the duration of the waiver, such that it constituted an unreasonable restraint on alienation.
Publication Date: 2020-08-19
Practice Area: Real Estate
Industry: Construction
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE for plaintiffs.
for defendant: Curtis J. Crowther and William E. Gamgort, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Nicholas G. Kondraschow and William J. Rhodunda, Jr., Rhodunda, Williams & Kondraschow, Wilmington, DE for defendants.
Case Number: D69090
The court dismissed plaintiffs' claims for breach of fiduciary duty and piercing the corporate veil, but it deferred ruling on the motion to dismiss claims involving injunctive relief.
Publication Date: 2020-05-20
Practice Area: Real Estate
Industry: Automotive
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Richard L. Abbot, Abbott Law Firm, Hockessin, DE for plaintiff.
for defendant: “J” Jackson Shrum, Jack Shrum, P.A., Wilmington, DE for defendants.
Case Number: D68986
Plaintiff stated claims for breach of contract and specific performance, but it failed to allege its fraud claims with particularity.
Publication Date: 2019-12-11
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Charles J. Brown, III, Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
for defendant: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for defendant.
Case Number: D68798
Plaintiff seller was entitled to judgment where defendant buyer breached a purchase and sale agreement for real property by failing to close by the contracted-for "time of the essence" closing date and the agreement unambiguously provided that plaintiff's sole and exclusive remedy was to retain defendant's earnest money deposit.
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Publication Date: 2019-11-13
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Douglas A. Shachtman, The Shachtman Law Firm, Wilmington, DE for plaintiff.
for defendant: Donald L. Gouge, Jr., Donald J. Gouge Jr., LLC, Wilmington, DE for defendant.
Case Number: D68768
Parties had valid oral contract for sale of land when purchaser made partial payment, and purchaser breached when sellers were in position to complete the sale, and after a reasonable time for settlement, made time of the essence by setting a hard date for closing.
Publication Date: 2019-11-06
Practice Area: Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Stokes
Attorneys: For plaintiff: R. Eric Hacker and Robert G. Gibbs, Georgetown, DE for plaintiff.
for defendant: Scott Wilcox and Ryan Adams, Georgetown, DE for defendant.
Case Number: D68765
Defendant failed to demonstrate excusable neglect, and plaintiff was entitled to summary judgment on his ejectment claim.
Publication Date: 2019-08-21
Practice Area: Real Estate
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: William P. Brady, The Brady Law Firm, P.A., Wilmington, DE for petitioners.
for defendant: John R. Weaver, John R. Weaver Jr. P.A., Wilmington, DE for respondent.
Case Number: D67673
Abutting homeowners entitled to easement for common use of driveway where expressly granted by deed, with scope of easement determined by decades of use by the parties demonstrating coexistence between dominant and servient estates.
Publication Date: 2019-08-14
Practice Area: Real Estate
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Michael R. Smith, The Smith Firm, LLC, Seaford, DE for petitioner.
for defendant: Richard H. Morse and Meghann O. Karasic, Community Legal Aid Society, Wilmington, DE for respondent.
Case Number: D68664
Discrimination claim failed where there was no evidence that the single act of alleged discrimination was motivated by claimants' race, familial status, or the disability of claimants' child.
Publication Date: 2019-06-26
Practice Area: Real Estate
Industry: Hospitality and Lodging
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for petitioner
for defendant: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE for respondents.
Case Number: D68606
Maximum occupancy restriction in declaration of condominium was enforceable against unit owner where such restriction was facially neutral, did not conflict with local ordinance, and where owner had constructive notice of the restriction.
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