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Publication Date: 2022-04-19
Practice Area: Personal Injury
Industry: Accounting | Real Estate
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Scott E. Chambers, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiffs.
for defendant: David L. Baumberger, Nancy Chrissinger Cobb, Chrissinger & Baumberger, Wilmington, DE; Kenneth M. Doss, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.
Case Number: D69785
Lessee, which contractually did not have responsibility for exterior maintenance of the property, still owed a duty to warn its business invitees of hazardous conditions on the property exterior.
Publication Date: 2022-04-05
Practice Area: Bankruptcy
Industry: Legal Services | Real Estate
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff:
for defendant:
Case Number: D69771
Bankruptcy court did not err in issuing a contempt order based on appellant's failure to comply with an order for the disgorgement of fees, where the bankruptcy court had not impermissibly expanded the scope or nature of appellant's status as a fictitious entity, as appellant had previously represented itself as one.
Publication Date: 2022-03-22
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiffs Edward F. Brovelli, Jr., individually, and as trustee of The Brovelli Family Trust 2A and defendant USA Carrington Park 20, LLC.
for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; John J. Sullivan, Cozen O’Connor, New York, NY, for defendants Independence Realty Operating Partnership, LP, Independence Realty Trust, Inc., Independence Realty Advisors, LLC, IRT Carrington Apartments Owner, LLC and plaintiffs Independent Realty Trust, Inc., and Independence Realty Operating Partnership, LP.
Case Number: D69751
The court held the trust had standing to sue defendants because defendant Carrington had transferred its right to sue to the trust, that Brovelli as an individual did not have standing to sue because he was not a party to any of the subject contracts, that defendants who were not parties to the subject contracts should be dismissed, and that whether damages were direct or consequential had issues of fact and were not appropriate for a motion to dismiss.
Publication Date: 2022-03-15
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Daniel F. McAllister, Tarabicos, Grosso & Hoffman LLP, New Castle, DE for petitioner.
for defendant: David H. Williams, Michelle G. Bounds, Morris James LLP, Wilmington, DE for respondents.
Case Number: D69742
The court found that plaintiff's claim for declaratory judgment and injunctive relief were not equitable claims and did not confer subject matter jurisdiction on the Chancery Court.
Publication Date: 2022-03-08
Practice Area: Personal Injury
Industry: Real Estate | State and Local Government
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D69739
Sovereign immunity barred trip and fall claim against the state where it lacked insurance to cover the claim and therefore had not waived immunity.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2022-03-08
Practice Area: Bankruptcy
Industry: Health Care | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69737
The court deferred ruling on the motion to dismiss on the pleadings because there was a dispute among federal appellate districts as to whether a corporations qualified as an individual under § 362(k) of the U.S. Bankruptcy Code. Additionally, the court refused to dismiss plaintiffs' claim for declaratory judgment until evidence was taken. Finally, the court held it did not have jurisdiction to hear three state-law counterclaims because they were filed after the bankruptcy case was dismissed. Motion to dismiss denied in part, granted
Publication Date: 2022-03-08
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Paul D. Sunshine, Reger Rizzo & Darnell, LLP, Wilmington, DE; James L.Griffith, Jr., Reger Rizzo & Darnell, LLP, Philadelphia, PA for plaintiff.
for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
Case Number: D69735
The court held that plaintiff LP was an insured under the policy entered into by the condominium council because a director of the LP was a member of the council.
Publication Date: 2022-03-08
Practice Area: Civil Procedure
Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69738
In this per curiam, non-binding opinion, the court held that the Bankruptcy Court did not err in concluding that creditor's claims were barred by res judicata.
Publication Date: 2022-03-01
Practice Area: Contracts
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Jeffrey A. Clouser, Wilmington, DE, pro se plaintiff.
for defendant: Judy M. Jones, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendant.
Case Number: D69730
The court held that the factual allegations in the amended complaint did not support plaintiff's contention that the parties entered into an enforceable oral contract, that the realtor misrepresented herself, or that she interfered with plaintiff's business.
Publication Date: 2022-03-01
Practice Area: Fee Disputes
Industry: Financial Services and Banking | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D69733
Claimant could pursue attorneys' fees where authorized by lease that debtor remained obligated under, and where claimant had yet to recover the statutory cap of unpaid rent.
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