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  • Shaw v. New Castle County

    Publication Date: 2021-09-29
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald Shaw, Claymont, DE, pro se plaintiff.
    for defendant: Jeffrey L. Moyer, Mary A. Jacobson, First Assistant County Attorney, New Castle County Office Law, New Castle, DE for defendant.
    Case Number: D69556

    Failure of the government to advise of appeal rights did not constitute a due process violation where it did not actively deny opportunity to be heard.

  • Baldwin v. New Castle County

    Publication Date: 2021-09-29
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Maxine Baldwin, plaintiff pro se
    for defendant: Nicholas J. Brannick, New Castle County, New Castle, DE for defendant.
    Case Number: D69555

    Mortgagor lacked standing to challenge the payment of property tax liens after conveying the property to another party as liens ran with the property.

  • Techview Inv. Ltd. V. Amstar Poland Prop. Fund I, L.P.

    Publication Date: 2021-09-15
    Practice Area: Deals and Transactions
    Industry: Investments and Investment Advisory | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kenneth J. Nachbar, Ryan D. Stottmann, Miranda N. Gilbert, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Michael B. Carlinsky, David E. Myre, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for plaintiffs.
    for defendant: A. Thompson Bayliss, E. Wade Houston, Abrams & Bayliss, LLP, Wilmington, DE; Emily L. Wasserman, Davis Graham & Stuffs LLP, Denver, CO for defendants.
    Case Number: D69540

    The court granted defendants' motions to dismiss because it lacked personal jurisdiction over certain nonresident defendants, another court had exclusive jurisdiction over the gross negligence claim, and plaintiffs failed to state a claim for fraudulent inducement.

  • Wagner v. J & B Contractors, LLC

    Publication Date: 2021-09-15
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for petitioners.
    for defendant: John E. Tracey, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for respondent.
    Case Number: D69541

    County board of adjustment correctly concluded that respondent was seeking an area variance, not a use variance.

  • Nalda v. Green Valley Home Inspections, LLC

    Publication Date: 2021-09-08
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; Kevin B. Watson, Stephen M. Wolf, Clark Hill PLC, Philadelphia, PA for plaintiffs.
    for defendant: Richard D. Abrams, Timothy H. Rohs, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendant.
    Case Number: D69530

    Property inspection company was entitled to summary judgment because plaintiffs' claims were barred by the statute of limitations and no tolling applied.

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Country Life Homes, LLC v. Gellert Scali Busenkell & Brown, LLC

    Publication Date: 2021-09-01
    Practice Area: Legal Malpractice
    Industry: Financial Services and Banking | Legal Services | Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Patrick K. Gibson, Ippoliti Law Group, Wilmington, DE for appellants.
    for defendant: Carol A. Vanderwoude, Marshall Dennehey Warner Coleman & Goggin, P.C., Philadelphia, PA, Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellee.
    Case Number: D69520

    Former clients sufficiently pled legal malpractice cause of action by alleging that legal counsel negligently advised clients to pursue litigation strategy that had no merit, resulting in clients incurring unnecessary litigation expense.

  • Concerned Citizens of the Estates of Fairway Vill. v. Fairway Cap, LLC

    Publication Date: 2021-07-14
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for appellants.
    for defendant: Jeffrey M. Weiner, Law Offices of Jeffery M. Weiner, P.A., Wilmington, DE; Timothy Jay Houseal, William E. Gamgort, Young Conaway Stargatt & Taylor, LLP for appellees.
    Case Number: D69463

    Defendant's failure to move to lift preliminary injunction after co-plaintiff withdrew the security bond and the remaining plaintiff failed to post a replacement bond barred defendant from recovering wrongful injunction damages.

  • Duncan v. Garvin

    Publication Date: 2021-07-07
    Practice Area: Environmental Law
    Industry: Real Estate | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Patrick C. Gallagher, Alexis N. Stombaugh, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Kayli H. Spialter, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for defendant.
    Case Number: D69455

    Party to settlement with the government could not seek writ of mandamus to compel government to fulfill contractual obligation under the settlement, especially where the obligation was conditioned on the settling party's performance.

  • In re: EHT US1, Inc.

    Publication Date: 2021-06-30
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark D. Collins, Brendan J. Schlauch, Megan E. Kenney, Richards, Layton & Finger, P.A., Wilmington, DE; P. Sabin Willett, Morgan, Lewis & Bockius LLP, Boston, MA; Jennifer Feldsher, New York, NY; David M. Riley, Los Angeles, CA for plaintiff.
    for defendant: Seth Van Aalten, G. David Dean, Justin R. Alberto, Cole Schotz, P.C., Wilmington, DE; Luc A. Despins, G. Alexander Bongartz, Paul Hastings LLP, New York, NY for defendant.
    Case Number: D69447

    Bankruptcy courts were to look to the laws of the jurisdiction where a foreign entity was formed and resided to determine if its structure qualified it to be a debtor under the Bankruptcy Code.

  • Long v. Fulton Bank, N.A.

    Publication Date: 2021-06-09
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: David A. White, Matthew J. Rufino, McCarter & English, LLP, Wilmington, DE for plaintiffs.
    for defendant: Jared T. Green, R. Karl Hill, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for defendant.
    Case Number: D69427

    Where plaintiffs delayed approximately seven years before terminating a lease for nonpayment of rent, they breached an agreement, but factual questions remained on the issue of waiver, so the court declined to grant judgment in favor of defendant.