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  • Fansler v. N. Am. Title Ins. Co.

    Publication Date: 2021-10-27
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69583

    The court held that because the title insurance policy did not cover consequential damages, plaintiffs would not be able to present evidence on lost wages, carrying costs, lost opportunity costs or lost earnings allegedly incurred because of survey mis-takes.

  • Ocean Bay Mart, Inc. v. The City of Rehoboth Beach

    Publication Date: 2021-10-27
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Richard A. Forsten, Pamela J. Scott, Elizabeth S. Fenton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for plaintiff.
    for defendant: Max B. Walton, Lisa R. Hatfield, Connolly Gallagher LLP, Newark, DE for defendant.
    Case Number: D69584

    Plaintiff did not reasonably rely on previous city ordinances such that his rights did not become vested.

  • In re BGC Partners, Inc. Derivative Litig.

    Publication Date: 2021-10-06
    Practice Area: Corporate Governance
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Christine M Mackintosh, Kimberly A. Evans, Michael D. Bell, Vivek Upadhya, Grant & Eisenhofer P.A., Wilmington, DE; Jeroen van Kwawegen, Christopher J. Orrico, Andrew E. Blumberg, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
    for defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Richards, Layton & Finger, P.A., Wilmington, DE; Joseph De Simone, Michelle J. Annunziata, Michael Rayfield, Mayer Brown LLP, New York, NY; Matthew E. Fenn, Mayer Brown LLP, Chicago, IL; C. Barr Flinn, Paul Loughman, Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Eric Leon, Nathan Taylor, Latham & Watkins LLP, New York, NY for defendants.
    Case Number: D69563

    Genuine issues of material fact precluded summary judgment on the issue of demand futility, but the court dismissed claims against two director defendants in this derivative action.

  • GMF ELCM Fund L.P. v. ELCM HCRE GP LLC

    Publication Date: 2021-10-06
    Practice Area: Contractual Disputes
    Industry: Health Care | Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Daniel E. Ross, Bradley R. Aronstam, Ross Aronstam & Moritz, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, Weil, Gotshal & Manges LLP, New York, NY for plaintiffs.
    for defendant: Joseph H. Huston, Jr., Stevens & Lee P.C., Wilmington, DE; Robert K. Keach, Bernstein, Shur, Sawyer & Nelson, Portland, ME for receiver. Ryan P. Newell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for nominal defendants.
    Case Number: D69561

    Claimant was entitled to indemnification of his litigation expenses, and the court granted his motion to intervene because he had a valid property interest which was not adequately protected by existing parties.

  • Baldwin v. New Castle County

    Publication Date: 2021-09-29
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Maxine Baldwin, plaintiff pro se
    for defendant: Nicholas J. Brannick, New Castle County, New Castle, DE for defendant.
    Case Number: D69555

    Mortgagor lacked standing to challenge the payment of property tax liens after conveying the property to another party as liens ran with the property.

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  • Shaw v. New Castle County

    Publication Date: 2021-09-29
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald Shaw, Claymont, DE, pro se plaintiff.
    for defendant: Jeffrey L. Moyer, Mary A. Jacobson, First Assistant County Attorney, New Castle County Office Law, New Castle, DE for defendant.
    Case Number: D69556

    Failure of the government to advise of appeal rights did not constitute a due process violation where it did not actively deny opportunity to be heard.

  • Techview Inv. Ltd. V. Amstar Poland Prop. Fund I, L.P.

    Publication Date: 2021-09-15
    Practice Area: Deals and Transactions
    Industry: Investments and Investment Advisory | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kenneth J. Nachbar, Ryan D. Stottmann, Miranda N. Gilbert, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, David E. Myre, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for plaintiffs.
    for defendant: A. Thompson Bayliss, E. Wade Houston, Abrams & Bayliss, LLP, Wilmington, DE; Emily L. Wasserman, Davis Graham & Stuffs LLP, Denver, CO for defendants.
    Case Number: D69540

    The court granted defendants' motions to dismiss because it lacked personal jurisdiction over certain nonresident defendants, another court had exclusive jurisdiction over the gross negligence claim, and plaintiffs failed to state a claim for fraudulent inducement.

  • Wagner v. J & B Contractors, LLC

    Publication Date: 2021-09-15
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for petitioners.
    for defendant: John E. Tracey, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for respondent.
    Case Number: D69541

    County board of adjustment correctly concluded that respondent was seeking an area variance, not a use variance.

  • Nalda v. Green Valley Home Inspections, LLC

    Publication Date: 2021-09-08
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; Kevin B. Watson, Stephen M. Wolf, Clark Hill PLC, Philadelphia, PA for plaintiffs.
    for defendant: Richard D. Abrams, Timothy H. Rohs, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendant.
    Case Number: D69530

    Property inspection company was entitled to summary judgment because plaintiffs' claims were barred by the statute of limitations and no tolling applied.

  • Country Life Homes, LLC v. Gellert Scali Busenkell & Brown, LLC

    Publication Date: 2021-09-01
    Practice Area: Legal Malpractice
    Industry: Financial Services and Banking | Legal Services | Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for appellants.
    for defendant: Carol A. Vanderwoude, Marshall Dennehey Warner Coleman & Goggin, P.C., Philadelphia, PA, Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellee.
    Case Number: D69520

    Former clients sufficiently pled legal malpractice cause of action by alleging that legal counsel negligently advised clients to pursue litigation strategy that had no merit, resulting in clients incurring unnecessary litigation expense.