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Publication Date: 2023-12-04
Practice Area: Labor Law
Industry: Agriculture | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Hughes
Attorneys: For plaintiff: William D. Sullivan, Sullivan Hazeltine Allison LLC, Wilmington, DE; Andrew J. Henrik, Sullivan Hazeltine Allison LLC, Rosemont, IL for plaintiffs.
for defendant: Rudolf Koch, Jason J. Rawnsley, Richards, Layton & Finger, P.A., Wilmington, DE; James L. Bromley, Andrew J. Finn, Zachary R. Ingber, Sullivan & Cromwell LLP, New York, NY for defendants.
Case Number: 22-1135-TMH
Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.
Publication Date: 2023-11-27
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 15-11931 (CTG)
Court erred in capping fees for work performed on both a §303(i) motion and a §362(k) complaint since the debtor could have obtained its full fees had it only filed the complaint and was thus effectively "punished" for filing the motion.
Publication Date: 2023-10-30
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Dover, DE for plaintiff.
for defendant: Scott G. Wilcox, Giordano, DelCollo, Werb & Gagne, LLC, Wilmington, DE for defendants.
Case Number: N23C-03-181 CEB
The court found that the complaint for certiorari regarding the denial of a conditional use permit was not untimely filed, the claim was not barred by plaintiff's failure to exhaust its administrative remedies, and the mayor and members of the town council were immune from suit in their individual capacity.
Publication Date: 2023-08-28
Practice Area: Personal Injury
Industry: Construction | Real Estate | Retail
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: James P. Hall, Phillips, McLaughlin & Hall, P.A. Wilmington, DE, attorney for plaintiff.
for defendant: Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE; Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
Case Number: N21C-08-110 PRW
Court denied summary judgment to shopping center owner in premises liability action where there were genuine issues of material fact regarding whether agreement with maintenance company constituted owner relinquishing possession and actual control of the premises.
Publication Date: 2023-08-21
Practice Area: Bankruptcy
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-10687 (CTG)
The bankruptcy court found sufficient cause to lift the stay to allow an unlawful detainer action against debtor pending in California to go forward, concluding that resolution of the dispute was best left to the California courts.
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Publication Date: 2023-08-14
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Janet Charlton, Michael Pak, McCabe, Weisberg & Conway, LLC, Wilmington, DE for plaintiffs.
for defendant: Robert J. Valihura, Morton, Valihura & Zerbato, LLC, Greenville DE for defendant.
Case Number: N20L-10-029 DJB
Although mortgagor should have been noticed in second foreclosure action filed against purchaser at first sheriff's sale, the mortgagor's failure to participate in prior foreclosure action and purchaser being placed on constructive notice of potential mortgage liens on the property meant no interested party was prejudiced by the defect.
Publication Date: 2023-07-17
Practice Area: Real Estate
Industry: Hospitality and Lodging
Court: Delaware Superior Court
Judge: Judge Green-Streett
Attorneys: For plaintiff: David C. Zerbato, Moton, Valihura & Zerbato, LLC, Greenville, DE for appellant.
for defendant: Anthony V. Panicola, Olga K. Beskrone, Colten L. Fleu, Community Legal Aid Society, Inc., Dover, DE for appellee.
Case Number: K21A-10-002 RLG
Arbitrator erred by considering and carving out a manufactured home community owner's acquisition costs in denying the owner's request for an above-inflation rent increase, where the analytical framework merely required the arbitrator to consider the statutory factors after finding the owner had made capital expenditures that directly related to the community maintenance and improvement.
Publication Date: 2023-07-10
Practice Area: Corporate Governance
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Michael K. Ross, Serine Consolino, Aegis Law Group LLP, Washington, DC for appellant.
for defendant: Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC; Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for appellees.
Case Number: 163, 2022
Stock issuance that diluted interest of stockholder with one-half interest who had filed a custodian action to break board election deadlock was not inequitable where issuance was reasonably calculated to prevent default under company's key contracts and had the benefit of retaining a key employee, while stockholder was not coerced as she retained a swing vote.
Publication Date: 2023-06-13
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: John W. Paradee, Brian V. DeMott, J. Garrett Miller, Baird, Mandalas, Brockstedt, Federico & Cardea, LLC, Dover, DE for petitioners.
for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston, LLC, Wilmington, DE; Richard A. Forsten, Pamela J. Scott, Gary W. Lipkin, Saul, Ewing, Arnstein & Lehr, LLP, Wilmington, DE for respondents.
Case Number: K22C-11-014 JJC
Although court lacked statutory authority to hear appeal from administrative decision of county staff since the statute only permitted appeals of decisions by the county's governing board, landowners could challenge the legality of a minor subdivision approval through a writ of certiorari.
Publication Date: 2023-05-30
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 15-11931 (CTG)
Debtor could recover reasonable legal costs incurred in dismissing involuntary petition filed by creditors to trigger their contractual rights to remove debtor from management role, rather than recover their claims against debtor's estate, but debtor suffered no lost profits damages where it was already an effectively defunct business at the time of the petition.
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