• In re: Lucky's Market Parent Co.

    Publication Date: 2021-04-07
    Practice Area: Bankruptcy
    Industry: Food and Beverage | Real Estate | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69354

    The bankruptcy court rejected a landlord's administrative expense claim, because the lease provided that trade fixtures remained debtors' property.

  • Bragdon v. Bayshore Prop. Owners Ass'n, Inc.

    Publication Date: 2021-03-24
    Practice Area: Fee Disputes
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE for plaintiff.
    for defendant: Stephen A. Spence, Baird Mandalas Brockstedt, LLC, Lewes, DE for defendant.

    Case Number: D69334

    Condominium unit owner's legal fees shifted to condominium association pursuant to Delaware Uniform Common Interest Ownership Act where association acted unreasonably by failing to give owner notice of violation before levying fines and expenses and employing violation and appeal policies against the owner that it had not imposed against other similarly-situated owners.

  • Biggs v. Hall

    Publication Date: 2021-02-17
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Arthur M. Krawitz, Jessica Lewis Welch, Doroshow, Pasquale Krawitz & Bhaya, Wilmington, DE for plaintiff.
    for defendant: Roger P. Downes, Joseph Brenner, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C. for defendant.

    Case Number: D69294

    Firefighter's rule was inapplicable to exclude liability for an EMT injured in a slip and fall accident where slipping and falling was not part of the hazard or harm that the EMT was dispatched to address.

  • Acua-Atalaya v. Newmont Mining Corp.

    Publication Date: 2021-01-13
    Practice Area: Real Estate
    Industry: Mining and Resources
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69257

    The district court acted within its discretion when it dismissed plaintiffs' complaint based on forum non conveniens, because the evidence indicated that the courts of another country could provide an adequate alternative forum for the parties' dispute.

  • In re WeWork Litig.

    Publication Date: 2021-01-06
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: William B. Chandler III, Brad D. Sorrels, Lori W. Will, Lindsay Kwoka Faccenda, Leah E. Brenner, Jeremy W. Gagas, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Michael S. Sommer, Wilson Sonsini Goodrich & Rosati, P.C., New York, NY; David J. Berger, Steven M. Guggenheim, Dylan G. Savage of Wil-son Sonsini Goodrich & Rosati, P.C. , Palo Alto for plaintiff We Company; William M. Lafferty, Kevin M. Coen, Sabrina M. Hendershot, Sara Toscano, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric Seiler, Philippe Adler, Mala Ahuja Harker, Friedman Kaplan Seiler & Adelman LLP, New York, NY; William Christopher Carmody, Shawn J. Rabin, Arun Subramanian, Susman Godfrey L.L.P., New York, NY for plain-tiffs Neumann and We Holdings LLC.
    for defendant: Robert S. Saunders, Sarah R. Martin, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; George A. Zimmerman, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY for The We Co. Elena C. Norman, Rolin P. Bissell, Nicholas J. Rohrer, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Erik J. Olson, of Morrison & Foerster LLP, Palo Alto, CA; James Bennett, Jordan Eth, Morrison & Foerster LLP, San Fran-ciso, CA for defendant SoftBank Group Corp. Michael A. Barlow, E. Wade Houston, Abrams & Baylis LLP, Wilmington, DE; John B. Quinn, Molly Stephens of Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA for defendant SoftBank Vision Fund.

    Case Number: D69249

    A temporary committee created by a company's board of directors did not have authority to terminate a lawsuit that was filed by an earlier special committee.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • LandSource Cmtys. Dev. LLC v. Citizens Against Corporate Crime, LLC

    Publication Date: 2020-12-16
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69227

    The bankruptcy court properly reopened a case for the purpose of interpreting and enforcing its confirma-tion order, and it correctly concluded that certain parties had signed a broad release, so they were barred from pursuing other litigation relating to the bankruptcy claims.

  • RIMSI Corp. v. Massey

    Publication Date: 2020-12-09
    Practice Area: Administrative Law
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Frederick Freibott for claimant.
    for defendant: Joseph Andrews and Taylor E. Trapp for employer.

    Case Number: D69219

    The Industrial Accident Board's determination was supported by substantial evidence, and the board did not abuse its discretion in believing claimant's experts over those of employer. Affirmed.

  • In re WeWork Litig.

    Publication Date: 2020-11-18
    Practice Area: Deals and Transactions
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: William M. Lafferty, Kevin M. Coen, Sabrina M. Hendershot, Sara Toscano, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric Seiler, Philippe Adler, Mala Ahuja Harker, Friedman Kaplan Seiler & Adelman LLP, New York, NY; William Christopher Carmody, Shawn J. Rabin, Arun Subramanian, Susman Godfrey L.L.P., New York, NY for plaintiffs.
    for defendant: William B. Chandler, III, Brad D. Sorrels, Lori W. Will, Lindsay Kwoka Faccenda, Leah E. Brenner, Jeremy W. Gagas, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; David J. Berger, Steven M. Gugen-heim, Dylan G. Savage, Wilson Sonsini Goodrich & Rosati, P.C., Palo Alto, CA; Michael S. Sommer, Wilson Sonsini Goodrich & Rosati, P.C., New York, NY for the special committee of the board of directors of The We Co. Robert S. Saunders, Sarah R. Martin, Arthur R. Bookout, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; George A. Zimmerman, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY for The We Co. Elena C. Norman, Rolin P. Bissell, Nicholas J. Rohrer, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Erik J. Olson, Morrison & Foerster LLP, Palo Alto, CA; James Bennett, Jordan Eth, Morri-son & Foerster LLP, San Francisco, CA for defendant SoftBank Group Corp. Michael A. Barlow, E. Wade Houston, Abrams & Bayliss LLP, Wilmington, DE; John B. Quinn, Molly Stephens, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA for defendant SoftBank Vision Fund.

    Case Number: D69193

    Plaintiff stated a claim against defendants for breach of contract, but his breach of fiduciary duty claim was duplicative of the contract claim.

  • In re: NNN 400 Capital Ctr. 16, LLC

    Publication Date: 2020-11-04
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69176

    Prevailing party's motion for costs incurred in adversary proceedings granted despite the procedural irregularity of the prevailing party's request.

  • Glen Allen Farm, LLC v. New Castle County

    Publication Date: 2020-10-14
    Practice Area: Public Utilities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Sidney S. Liebesman, E. Chaney Hall, Wali W. Rushdan, Fox Rothschild LLP, Wilmington, DE for petitioner.
    for defendant: Max B. Walton, Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE; Brian J. Merritt, New Castle County Office of Law, New Castle, DE for respondents.

    Case Number: D69150

    Petitioner's effort to enforce, as a third-party beneficiary, a settlement agreement to provide sewer service dismissed as unripe where petitioner had failed to exhaust its administrative remedies with the county by requesting service and where any ruling would merely be advisory in nature as the required contingencies under the settlement had not yet been met.