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  • In re: Cred Inc.

    Publication Date: 2023-04-25
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | E-Commerce | Investments and Investment Advisory
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-12836 (JTD)

    Claims of aiding and abetting breaches of fiduciary duties failed where plaintiff failed to plead facts showing that defendants knew of debtor company's problems or that knowledge of those problems would alert defendants to debtor's officers' breaches of fiduciary duties.

  • Wilmington Trust Nat'l Ass'n v. Sun Life Assurance Co. of Canada

    Publication Date: 2023-04-04
    Practice Area: Insurance Law
    Industry: Financial Services and Banking | Insurance | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Kevin G. Abrams, John M. Seaman, Samuel D. Cordle, Abrams & Bayliss LLP, Wilmington, DE; Harry S. Davis, Robert E. Griffin, Schulte Roth & Zabel LLP, New York, NY for appellant.
    for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; Joseph M. Kelleher, Brian D. Burack, Cozen O’Connor, Philadelphia, PA for appellee.
    Case Number: N18C-07-289

    Courts had to conduct fault-based analysis evaluating the parties' knowledge or inquiry notice of the illegality of life insurance policies ultimately deemed to be stranger originated life insurance policies when determining whether to order disgorgement of paid premiums or allow the insurer to retain the premiums.

  • Houston Cas. Co. v. Truist Fin. Corp.

    Publication Date: 2023-03-28
    Practice Area: Contracts
    Industry: Financial Services and Banking | Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D70180

    The court affirmed the district court's order granting summary judgment in a matter regarding a stock purchase agreement that expressly forbade payout in instances of liability litigation. Although appellant argued that the terms were ambiguous, the court disagreed and found that the language was clear and concise.

  • Dizon v. J.P. Morgan Chase

    Publication Date: 2023-03-28
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Dennis Dizon, pro se plaintiff.
    for defendant: Kaan Ekiner, Cozen O’Connor, Wilmington DE for defendant.
    Case Number: D70181

    The court granted defendant's motion to compel arbitration on the basis that the arbitration agreement was clear and unambiguous. Although plaintiff argued that the agreement was unconscionable as it was signed as a precondition to his employment, the court disagreed and pointed out that courts routinely enforce arbitration agreements that are a precondition to employment.

  • In re Cred Inc.

    Publication Date: 2023-03-21
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | E-Commerce
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: 20-12836 (JTD)

    The court granted debtors' trustees' request to clarify a previous court order indicating that the trust may acquire third-party claims in instances involving separate litigation claims. Although defendant corporation argued that the trustees lacked standing to bring the claims, the court disagreed and noted that because the trustees were post-confirmation entities, they did not need to seek the bankruptcy court's approval prior to filing an action.

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Church v. Harmon

    Publication Date: 2023-03-14
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: David E. Matlusky, The Matlusky Firm, Wilmington, DE for plaintiff.
    for defendant: Evan Rassman, Emily Letcher, Cohen Seglias, Palias, Greenhall & Furman, P.C., for defendants.
    Case Number: N22C-08-453 FJJ

    The court denied a motion to dismiss a claim for waste on the grounds that plaintiff's claims sufficiently laid out a claim for waste on the grounds that plaintiff sufficiently pled that a mortgage encumbered a property that he had a certain future interest in and therefore his claims fell squarely within the jurisdiction of the superior court.

  • PVP Aston, LLC v. U.S. Bank Nat'l Ass'n

    Publication Date: 2023-02-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Michael L. Vild, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
    for defendant: Robert A. Penza, Christina B. Vavala, Polsinelli PC, Wilmington, DE: Llynn K. White, Polsinelli PC, St. Louis, MO; John A. Sensing, Carson R. Bartlett, Potter Anderson & Corroon LLP, Wilmington, DE; Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendants.
    Case Number: N22C-03-103 AML CCLD

    Plaintiffs were not entitled to declaratory judgment on their breach of contract and quiet title claims where their proffered interpretation of their contracts with their lenders and mortgage insurers were unreasonable as it would effectively absolve plaintiffs from their obligation to make their final balloon loan payment.

  • In re Peck

    Publication Date: 2023-01-31
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-11161 (BLS)

    The court overruled the creditor's objections to a debtor's Chapter 13 plan on the basis that they disagreed as to the classification of his real property which further included a mobile home.

  • Town Sports Int'l LLC v. Kennedy Lewis Partners Master Fund LP

    Publication Date: 2023-01-24
    Practice Area: Bankruptcy | Contracts
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-12168 (CTG)

    The court granted defendants' motion for summary judgment to dismiss plaintiff's breach of contract claims.

  • Ainslie v. Fitzgerald

    Publication Date: 2023-01-17
    Practice Area: Contracts
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Zurn
    Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Joseph Delich, Alex Potter, Kevin Goode, Freedman Nordmand Friedland LLP, New York, NY; Kyle Roche, Kyle Roche, P.A., New York, NY for plaintiffs.
    for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. Speed, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Cantor Fitzgerald, New York, NY for defendant.
    Case Number: 9436-VCZ

    The court granted in part and denied in part parties' cross-motions for summary judgment regarding the appropriateness of penalties arising out of a partnership's restrictive covenants.