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  • Marcolini v. Horizon Serv., Inc.

    Publication Date: 2023-01-17
    Practice Area: Damages
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, Esq. P.A., Wilmington, DE for plaintiff.
    for defendant: Michael C. Heyden, Jr., Gordon Rees Scully Mansukhani, LLP, Wilmington, DE for defendant.
    Case Number: N21C-07-011 CEB

    Technician negligence that led to fuel oil spill in home did not rise to the level of wanton disregard or malice to support an award of punitive damages.

  • In re: NNN 400 Capitol Center 16 LLC

    Publication Date: 2023-01-10
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Legal Services | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3013

    The court affirmed the District Court's ruling affirming the Bankruptcy Court's decision to disqualify counsel and order fees disgorged.

  • The State of Delaware v. Melpar, LLC

    Publication Date: 2023-01-10
    Practice Area: Fee Disputes
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Bradley Eaby, Deputy Attorney General, Department of Justice, Wilmington, DE for petitioner.
    for defendant: Richard L. Abbott, Abbot Law Firm, Hockessin, DE for defendant.
    Case Number: S21C-03-017 FJJ

    The court granted a motion for attorney fees in part and denied in part finding that defendant LLC was owed fees following a condemnation trial where the court's valuation of the property was higher than that initially offered by the State.

  • Kablaoui v. Gerar Place Condo. Ass'n

    Publication Date: 2023-01-03
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2021-0700-PWG

    Master correctly stayed plaintiffs' motion to supplement complaint filed during the pendency of exceptions to the master's report, where new allegations were previously in plaintiffs' possession and were directly targeted to address the weaknesses identified by the master's report.

  • Parma VTA LLC v. Parma GE 7400, LLC

    Publication Date: 2023-01-03
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Catherine A. Gaul, Michael J. Vail, Ashby & Geddes, Wilmington, DE; Mark I. Walach, Walter Haverfield, Cleveland, OH for plaintiff.
    for defendant: John A. Sensing, Brandon R. Harper, Potter Anderson & Corroon LLP, Wilmington, DE; Eric H. Zagrans, Zagrans Law Firm LLC, Columbus, OH for defendant.
    Case Number: N22C-03-092 AML CCLD

    Breach of contract claim survived dismissal where tenancy-in-common agreement required parties to share expenses for property, and thus tenant breached this obligation by failing to contribute toward payment of mortgage used to refinance property upon acquisition.

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  • In re Cte d'Azur Estate Corp.

    Publication Date: 2022-12-27
    Practice Area: Discovery
    Industry: Legal Services | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Jeremy D. Anderson, Fish & Richardson P.C., Wilmington, DE for plaintiff.
    for defendant: Steven L. Caponi, K&L Gates, LLP, Wilmington, DE; Dieter Walter Neupert, pro se defendant for defendants.
    Case Number: 2017-0290-JTL

    The court granted letters of request to procure discovery from non-party individuals located in Israel.

  • Freeman v. Carter

    Publication Date: 2022-11-29
    Practice Area: Legal Malpractice
    Industry: Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Melissa Freeman, D. Robert Freeman, appellants pro se.
    for defendant: Jeffrey M. Weiner, The Law Offices of Jeffrey M. Weiner, P.A., Wilmington, DE; Donald L. Gouge, Jr., Wilmington, DE, attorneys for appellees.
    Case Number: N21C-09-081 EMD

    Contract and indemnification claims against real estate attorney failed where there was no evidence indicating the existence of a contractual or attorney-client relationship between the attorney and sellers, as the attorney expressly advised sellers that she was representing the buyers.

  • Atl. NWI, LLC v. The Carlyle Group Inc.

    Publication Date: 2022-11-15
    Practice Area: Contracts
    Industry: Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: David E. Ross, Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE; Kevin B. Huff, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC for plaintiff.
    for defendant: R. Judson Scaggs, Jr., Thomas P. Will, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert A. Van Kirk, Sarah F. Kirkpatrick, James M. Rice, Nicholas A. Maricic, Williams & Connolly LLP, Washington, DC for defendants.
    Case Number: 2021-0944-SG

    Plaintiff could pursue tortious interference with contract claim against third party by alleging that it knew of exclusivity provisions in plaintiff's contract based on industry practice and past practice between plaintiff's affiliates and the third party, and by alleging that third party's decision to usurp business opportunities would result in breach of the contract.

  • Osborn-Gustavason v. Waite

    Publication Date: 2022-10-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for plaintiff.
    for defendant: Peter Schaeffer, Avenue Law, Dover, DE for defendant.
    Case Number: K22C-01-009 DJB

    Court denied a motion to dismiss filed by defendant real estate agent seeking to dismiss claims filed by plaintiff clients claiming defendant failed to inform them of defects in in the home prior to purchasing the property.

  • Markert v. Bd. of Adjustment of the City of Rehoboth Beach

    Publication Date: 2022-10-11
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: William B. Larson, Tye C. Bell, Manning Gross + Massenberg LLP, Wilmington, DE for appellant.
    for defendant: Richard A. Forsten, Pamela J. Scott, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Frederick A. Townsend, III, Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellees.
    Case Number: S22A-02-003 CAK

    Upward variance from floor area ratio affirmed where variance was needed for hotel developer's aesthetic vision for project, which sought not to increase density but rather to provide additional amenities and retail space.