• Durham v. Grapetree, LLC

    Publication Date: 2021-01-27
    Practice Area: Corporate Governance
    Industry: Hospitality and Lodging
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Andrew C. Durham, plaintiff pro se.
    for defendant: John G. Harris, Berger Harris LLP, Wilmington, DE for defendant.

    Case Number: D69270

    LLC member's breach of fiduciary duties arising from alleged violation of member's perquisite could not be brought directly against company where contractual agreement to provide the perquisite was issued by the managing members and not from the company.

  • Igo v. ACTS Ret. Life Cmtys.

    Publication Date: 2021-01-20
    Practice Area: Administrative Law
    Industry: Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for claimant.
    for defendant: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for employer.

    Case Number: D69265

    A determination by the Unemployment Insurance Appeals Board that claimant was terminated for just cause was not supported by substantial evidence, and the board's decision also contained other legal errors.

  • Doe v. Aimbridge Hospitality, LLC

    Publication Date: 2020-10-07
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging | Travel and Tourism
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David A. Felice, Bailey Glasser LLP, Wilmington, DE for plaintiff.
    for defendant: Michael J. Logullo, Rawle & Henderson LLP, Wilmington, DE; Brandon J. Hechtman, Josefine Blick, Wicker, Smith, O’Hara, McCoy and Ford, P.A., Coral Gables, FL for defendant.

    Case Number: D69143

    Civil sexual assault suit dismissed on grounds of forum non conveniens where the alleged assaults took place in another country where neither the victim nor the alleged perpetrators were citizens or residents of Delaware, such that the state had little interest in the controversy.

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

    Publication Date: 2020-06-03
    Practice Area: Creditors' and Debtors' Rights
    Industry: Hospitality and Lodging | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: David E. Ross and Bradley R. Aronstam, Ross Aronstam & Moritz, Wilmington, DE; Joshua S. Amsel and 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, Kyle Evans Gay and Shaun Michael Kelly, Connolly Gallagher LLP, Wilmington, DE for nominal defendants.

    Case Number: D69002

    The court rejected a judgment debtor's argument that a charging order would cause a default under a lease.

  • Extell DV LLC v. Hemeyer

    Publication Date: 2020-05-06
    Practice Area: Corporate Governance
    Industry: Hospitality and Lodging
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Thomas W. Briggs, Jr. and Jarett W. Horowitz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John R. Lund and Adam E. Weinacker, Parsons Behle & Latimer, Salt Lake City, UT for plaintiff.
    for defendant: Catherine G. Dearlove Andrew J. Peach, Richards, Layton & Finger, P.A., Wilmington, DE; Scott A. Hagen, Gregory S. Roberts, and Beth J. Ranschau, Ray Quinney & Nebeker P.C., Salt Lake City, UT for defendants.

    Case Number: D68967

    Mere participation by LLC minority members in the negotiation of the LLC agreements, without knowledge, intent, or participation to form the LLC specifically in Delaware was insufficient to find the transacting of business in Delaware so as to exercise long-arm personal jurisdiction over the out-of-state minority members.

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  • Roe v. Wyndham Worldwide, Inc.

    Publication Date: 2020-02-26
    Practice Area: Business Torts
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE; D. Michelle Douglas, Kalbian Hagerty LLP, Washington, DC for plaintiff.
    for defendant: Kevin J. Connors and Marshall Dennehey, Warner Coleman & Goggin, Wilmington, DE for Wyndham defendants. Stephen B. Brauerman and Emily A. Letcher, Bayard, P.A., Wilmington, DE for defendant Özdilek.

    Case Number: D68890

    The court granted motions to dismiss two parties based on lack of personal jurisdiction. Although some factors supported dis-missal based on forum non conveniens, those factors did not outweigh the deference to plaintiff's choice of forum.

  • Donovan Smith MHP, LLC v. Donovan Smith HOA

    Publication Date: 2019-10-30
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Seth L. Thompson, Parkowski Guerke & Swayze, P.A., Wilmington, DE for appellant.
    for defendant: Dmitry Pilipis, Community Legal Aid Society, Inc., Wilmington, DE for appellee.

    Case Number: D68750

    Although the arbitrator erred in concluding that proposed rent increases were not "directly related" to operation, maintenance, or improvement of a mobile home park when park owner presented evidence of new expenses, the arbitrator had sufficient evidence to find the increase did not comply with statutory law where there was insufficient evidence to find the lots were below market.

  • Compagnie des Grands Htels d'Afrique S.A. v. Starwood Capital Group Global I LLC

    Publication Date: 2019-10-16
    Practice Area: Contracts
    Industry: Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68734

    Motion to extend scheduling order deadline denied where moving party failed to demonstrate good cause because it was or should have been cognizant of likely delays in discovery when agreeing to scheduling order deadlines.

  • Council of Ass'n of Unit Owners of Pelican Cove Condo. v. Yeilding

    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.

  • Dunfee v. KGL Holdings Riverfront, LLC

    Publication Date: 2019-05-15
    Practice Area: Wrongful Death
    Industry: Financial Services and Banking | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Gary S. Nitsche, William R. Stewart, III, and Rachel D. Allen, Weik Nitsche & Dougherty, LLC, Wilmington, DE; Joseph J. Rhoades, Rhoades & Morrow, LLC, Wilmington, DE; Martin C. Meltzer, Law Office of Martin C. Meltzer, Wilmington, DE for plaintiffs.
    for defendant: Catherine A. Gaul and Aaron P. Sayers, Ashby Geddes, P.A., Wilmington, DE; Mary E. Sherlock and Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, Wilmington, DE; Elizabeth C. Grabey, McGivney, Kluger & Cook, P.C., Wilmington, DE; Christina M. Belitz, Polsinelli PC, Wilmington, DE; Michael J. Logullo, Rawle & Henderson, LLP, Wilmington, DE; Johan A. Elzufon, Elzufon Austin & Mondell, P.A., Wilmington, DE; Michael I. Silverman, Silverman, McDonald & Friedman, Wilmington, DE for defendants.

    Case Number: D68559

    Wrongful death claim not dismissed where plaintiffs could impose liability on defendants who conducted assessment of apartment complex's boiler system when the building's owner allegedly relied upon the assessment to not undertake repairs or replacement of the boiler.