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Publication Date: 2022-07-12
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Gerald I.H. Street, John I. Ellis, Street & Ellis, P.A., Dover, DE; Bradley S. Eaby, State of Delaware Department of Justice, Dover, DE for petitioner.
for defendant: Richard P. Beck, Richard Beck LLC, Centreville, DE; John H. Newcomer, Jr., Morris James LLP, Wilmington, DE for respondents.
Case Number: D69880
Motion to equitably divest the state from its superior title to a parcel under the doctrine of acquiescence denied where there was no evidence to charge the state with knowledge of competing party's possessory acts such that the state could be said to have acquiesced to such acts.
Publication Date: 2022-07-05
Practice Area: Corporate Entities
Industry: E-Commerce | Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Stephen B. Brauerman, Sarah T. Andrade, Bayard, P.A., Wilmington, DE; Christopher O. Murray, Julian R. Ellis, Jr., Brownstein Hyatt Farber Schreck, LLP, Denver, CO for plaintiffs.
for defendant: Matthew F. Davis, Justin T. Hymes, Potter Anderson & Corroon LLP, Wilmington, DE; Charles F. Connolly, Akin Gump Strauss Hauer & Feld, Washington, DC; Stephen M. Baldini, Stephanie Lindemuth, Akin Gump Strauss Hauer & Feld, New York, NY for defendants.
Case Number: D69872
Partner who was removed from joint venture plausibly alleged that co-venturer improperly asserted cause to exercise its removal rights, thereby constituting a non-exculpated breach of the joint venture agreement.
Publication Date: 2022-07-05
Practice Area: Civil Rights
Industry: Real Estate | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Sandra Harmon, Hartsville, SC, pro se plaintiff.
for defendant: Kevin J. Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE; Patricia A. Davis, Deputy Attorney General, Delaware Department of Justice, Dover, DE for defendants.
Case Number: D69875
Constitutional claims arising from monition action dismissed where plaintiff had failed to plead defendants' personal involvement in alleged constitutional violations or where defendants enjoyed immunity from suit for actions taken in their official capacity.
Publication Date: 2022-06-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Christopher P. Simon, Michael L. Vild, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
for defendant: Michael W. Teichman, Kashif I. Chowdhry, Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Wilmington, DE; Jeffrey D. Brooks, Tanisha L. Massie, Morrison Cohen LLP, New York, NY for defendants.
Case Number: D69867
Court declined to apply jury waivers in related loan documents to obligors' claims against their mortgage insurer, where the waiver clauses did not unambiguously include claims arising from outside the loan transaction within their scope.
Publication Date: 2022-06-28
Practice Area: Contracts
Industry: Financial Services and Banking | Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: Blake A. Bennett, C. Scott Reese, Dean R. Roland, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: David L. Baumberger, Law Offices of Chrissinger & Baumberger, Wilmington, DE; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Louis J. Rizzo, Jr., Reger Rizzo & Darnall LLP, Wilmington, DE; Josiah R. Wolcott, Connolly Gallagher, Newark, DE; Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE for defendants.
Case Number: D69862
Defective construction claims by condominium association were timely filed where receiver who previously controlled condo was appointed solely to complete construction and limit the losses of the mortgagee, such that the limitations period did not start running until the association of ow ners took control.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2022-05-24
Practice Area: Environmental Law
Industry: Real Estate | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Richard L. Abbott, Abbott Law Firm, Hockessin, DE for appellant.
for defendant: Kayli H. Spialter, Delaware Department of Justice, New Castle, DE for appellees.
Case Number: D69826
Environmental Appeals Board properly interpreted statutory definition of "wetlands" as not being restricted solely to lands experiencing daily tidal flow, where the Wetlands Act expressly encompassed land features that did not necessarily have daily tides.
Publication Date: 2022-05-17
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Michael K. Ross, Thomas Shakow, Serine Consolino, Aegis Law Group LLP, Washington, DC for plaintiff.
for defendant: Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC; Neal C. Belgam, Kelly A. Green, Jason Z. Miller, Smith Katzenstein & Jenkins LLP, Wilmington, DE for defendants.
Case Number: D69814
Board was substantially justified in approving stock sale that diluted equal stockholder's interest, where it mooted that stockholder's legal action that posed a risk of triggering termination of the company's key contracts.
Publication Date: 2022-05-03
Practice Area: Real Estate
Industry: Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Milton, DE for plaintiffs.
for defendant: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for defendants.
Case Number: D69800
Condominium owners' action for declaratory judgment and injunctive relief failed where they failed to show that their rights under the condominium's governing documents had been irreparably impaired by the HOA's actions.
Publication Date: 2022-05-03
Practice Area: Landlord Tenant Law
Industry: Construction | Real Estate
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Jeffrey M. Weiner, Wilmington, DE for plaintiff.
for defendant: Christofer C. Johnson, The Johnson Firm LLC, Wilmington, DE for defendant.
Case Number: D69801
The court found that plaintiff proved through verified evidence and admissions deemed admitted that defendant defaulted on its lease.
Publication Date: 2022-05-03
Practice Area: Employment Litigation
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Conner
Attorneys: For plaintiff: James M. Thompson, Dagsboro, DE, pro se plaintiff.
for defendant: Michele M. Subers, Patrick G. Rock, Heckler & Frabizzio, P.A. for defendants.
Case Number: D69804
The court found that plaintiff's complaint for retaliatory termination was barred by the statute of limitations.
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