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Publication Date: 2019-05-15
Practice Area: Corporate Entities
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Patricia L. Enerio and Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
for defendant: Thad J. Bracegirdle and Scott B. Czerwonka, Wilks Lukoff and Bracegirdle, LLC, Wilmington, DE; Adam K. Derman and Brian P. O'Neill, Chiesa Shahinian & Giantomasi PC, West Orange, NJ for defendant.
Case Number: D68562
A member of a limited liability company was functioning in its official capacity, so it was entitled to advancement and fees-on-fees under the terms of the operating agreement.
Publication Date: 2019-04-03
Practice Area: Real Estate
Industry: Insurance
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D68511
Limitations period could be tolled where plaintiffs alleged they relied upon defendants' representations to believe their property had an access easement and that their title insurance policy would protect them from defects in title, and thus any purported defects in the deed or policy documents would not be readily apparent to plaintiffs.
Publication Date: 2019-04-03
Practice Area: Corporate Entities
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: C. Barr Flinn, Emily V. Burton, and Daniel Kirshenbaum, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael J. Bowe, Alexander B. Simkin, and John A. Dunn, Kasowitz Benson Torres LLP, New York, NY for plaintiff.
for defendant: Ryan P. Newell, Kyle Evans Gay, and Shaun Michael Kelly, Connolly Gallagher LLP, Wilmington, DE; Stan Chelney and Philipp Smaylovsky, Chelney Law Group PLLC, New York, NY for defendants.
Case Number: D68512
Reformation of LLCs agreements denied where there was no clear and convincing evidence the language of the agreements failed to reflect the members' true intent or that the non-moving party knew the agreements failed to reflect the parties' intent and failed to inform his fellow members.
Publication Date: 2019-03-27
Practice Area: Real Estate
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Ronald Angelo, Sr., Townsend, DE, pro se plaintiff.
for defendant: Scott G. Wilcox, Whiteford Taylor Preston, LLC, Wilmington, DE for defendant NVR, Inc. Scott Thomas Earle, Zarwin, Baum, DeVito, Kaplan, Schaer, Toddy, P.C., Wilmington, DE for defendant Commonwealth Land Title Insurance Company.
Case Number: D68502
Plaintiff lacked standing to litigate title issues pro se on behalf of principal as an attorney-in-fact.
Publication Date: 2019-03-13
Practice Area: Corporate Governance | Real Estate
Industry: Health Care | Real Estate
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Blake Rohrbacher, Brian F. Morris and John M. O'Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan C. Sulli-van and John A. DeMaro of Ruskin Moscou Faltischek, P.C., Uniondale, NY for plaintiff.
for defendant: Theodore A. Kittila and James G. McMillian, III, Halloran Farkas Kittila LLP, Wilmington, DE for defendant.
Case Number: D68490
A corporate officer breached his fiduciary duty by usurping a corporate opportunity to purchase property, so the court awarded damages to the company.
Law Journal Press | Digital Book
Authors: Rosemary Alito
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Publication Date: 2019-01-23
Practice Area: Contractual Disputes | Expert Witnesses | Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Scott
Attorneys: For plaintiff: Dean R. Roland, Cooch and Taylor P.A., Wilmington, DE for plaintiff.
for defendant: Jeffrey M. Weiner, Wilmington, DE for defendant.
Case Number: D68430
Jury waiver was enforceable where the heart of plaintiffs' claims went to their request to be made whole under the operative contract and the waiver language was sufficiently conspicuous to place readers on notice they were waiving the right to jury trial.
Publication Date: 2019-01-23
Practice Area: Contracts
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, Dover, DE for appellant.
for defendant: Paul G. Enterline, Georgetown, DE for appellee.
Case Number: D68432
Trial court erroneously denied motion to amend pleadings to add quasi-contractual claims where defendant's acquiescence to introduction of evidence in support of those claims and argument on those claims in defendant's own pleadings demonstrated implied consent to trying the claims and a lack of surprise by amendment.
Publication Date: 2019-01-23
Practice Area: Government
Industry: Real Estate | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Geena Khomenko George, Losco & Marconi, P.A., Wilmington, DE for plaintiff.
for defendant: Aaron C. Baker, City of Wilmington Law Department, Wilmington, DE for defendant.
Case Number: D68435
Plaintiff failed to adequately allege claims against a municipality for negligence and deprivation of due process.
Publication Date: 2018-12-19
Practice Area: Civil Procedure | Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Lisa K. Cartwright , Atlantic Law Group, Wilmington, DE for plaintiff.
for defendant: N/A
Case Number: D68394
The federal court lacked jurisdiction to hear defendant's challenge to a state court's decision in this mortgage foreclosure action.
Publication Date: 2018-10-31
Practice Area: Business Torts | Real Estate
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, attorney for plaintiffs
for defendant: Eric J. Monzo and Brenna A. Dolphin, Morris James, LLP, Wilmington, DE; Raymond W. Cobb, O'Hagan Meyer, LLC, Wilmington, DE, attorneys for defendants.
Case Number: D68336
Vicarious liability claims against real estate brokerage for individual broker's fraud could be maintained where the broker worked from the brokerage's office and used that position and the brokerage's name and reputation to perpetuate the alleged fraud.
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