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Publication Date: 2022-03-08
Practice Area: Civil Procedure
Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69738
In this per curiam, non-binding opinion, the court held that the Bankruptcy Court did not err in concluding that creditor's claims were barred by res judicata.
Publication Date: 2022-03-08
Practice Area: Personal Injury
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D69739
Sovereign immunity barred trip and fall claim against the state where it lacked insurance to cover the claim and therefore had not waived immunity.
Publication Date: 2022-03-01
Practice Area: Fee Disputes
Industry: Financial Services and Banking | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D69733
Claimant could pursue attorneys' fees where authorized by lease that debtor remained obligated under, and where claimant had yet to recover the statutory cap of unpaid rent.
Publication Date: 2022-03-01
Practice Area: Contracts
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Jeffrey A. Clouser, Wilmington, DE, pro se plaintiff.
for defendant: Judy M. Jones, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendant.
Case Number: D69730
The court held that the factual allegations in the amended complaint did not support plaintiff's contention that the parties entered into an enforceable oral contract, that the realtor misrepresented herself, or that she interfered with plaintiff's business.
Publication Date: 2022-02-15
Practice Area: Deals and Transactions
Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: David J. Margules, Elizabeth A. Sloan, Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Stephen Brauerman, Emily A. Letcher, Bayard PA, Wilmington, DE; William B. Igoe, Philadelphia, PA for petitioner.
for defendant: William M. Lafferty, Ryan D. Stottmann, Sarah P. Kaboly, Morris, Nichols, Arsht & Tunnell LLP, Wilmington DE; Marc J. Sonnenfeld, Laura H. McNally, Morgan, Lewis & Bockius LLP, Philadelphia, PA for respondent.
Case Number: D69710
The court, in the appraisal action, determined the fair value of the respondent and gave heavy weight to the deal price.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
View this BookView more book results for the query "*"
Publication Date: 2022-01-11
Practice Area: Energy and Natural Resources
Industry: Energy | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69676
Under Texas law, a contracted oil and gas operator held the status of a co-tenant with the other holders of working interests, which merely obligated the operator to pay the other tenants the value of any production on those tenants' interests minus cost of production.
Publication Date: 2022-01-11
Practice Area: Civil Procedure
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Lisa Zwally Brown, Corinne R. Moini, Greenberg Traurig, LLP, Wilmington, DE for plaintiff.
for defendant: Daniel K. Astin, Ciardi Ciardi & Astin, Wilmington, DE; Albert A. Ciardi, Walter W. Gouldsbury, Ciardi Ciardi & Astin, Philadelphia, PA; Marc Litt, Evan Weintraub, Wachtel Missry LLP; New York, NY for third-party plaintiff. Sidney S. Liebesman, Katelyn M. Crawford, Fox Rothschild LLP, Wilmington, DE; Justin P. Phelps, Gibson Watson Marino LLC, Wichita, KS for defendants.
Case Number: D69670
The court held that service of process on three Kansas residents under 6 Del. C. § 18-109(a) was not effective service because the three defendants were not managers of the subject entity.
Publication Date: 2021-12-14
Practice Area: Real Estate
Industry:
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE for plaintiffs.
for defendant: Steven Schwartz, Schwartz & Schwartz, P.A., Wilmington, DE for defendants.
Case Number: D69644
Court awarded court costs and partial legal fees to homebuyers who partially prevailed in suit alleging sellers failed to disclose defects in residential property.
Publication Date: 2021-11-16
Practice Area: Bankruptcy
Industry: Construction | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Marcy J. Mclaughlin Smith, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Gary W. Marsh, Troutman Pepper Hamilton Sanders LLP, Atlanta, GA; Brett D. Goodman, Troutman Pepper Hamilton Sanders LLP, New York, NY for debtor.
for defendant: Daniel A. O’Brien, Venable LLP, Wilmington, DE; Jeffrey S. Sabin, James E. Frankel, Gary L. Rubin, and Carol A. Weiner, Venable LLP, New York, NY for creditors.
Case Number: D69612
Involuntary bankruptcy petition dismissed as having been filed in bad faith, where petitioning creditors represented contractors holding mechanic's liens and the totality of the circumstances indicated that petitioners sought to avoid extinguishment of their claims in a related foreclosure action and instead litigate in the more favorable forum of the bankruptcy court.
Publication Date: 2021-11-02
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys: For plaintiff: Michael J. Maimone, Barnes & Thornburg LLP, Wilmington, DE for plaintiffs.
for defendant: Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney PC, Wilmington, DE for defendant.
Case Number: D69590
Complaint seeking contractual remedies from a merger, filed six years after the closing of the merger transaction, was patently untimely under the applicable statute of limitations.
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